92296 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 1, 11, 43, 60, 61, 91, 97, 

111, 135, 136, 141, 142, and 194 

[Docket No. FAA–2023–1275; Amdt. Nos. 1– 

78, 11–69, 43–62, 60–8, 61–157, 91–379, 97– 

1340, 111–2, 135–147, 136–4, 141–26, 142– 

11, and 194–1] 

RIN 2120–AL72 

Integration of Powered-Lift: Pilot 

Certification and Operations; 

Miscellaneous Amendments Related to 

Rotorcraft and Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule adopts 

permanent amendments and a Special 

Federal Aviation Regulation (SFAR) for 

a period of ten years to: facilitate the 

certification of powered-lift pilots, 

clarify operating rules applicable to 

operations involving a powered-lift, and 

finalize other amendments which are 

necessary to integrate powered-lift into 

the National Airspace System (NAS). In 

this final action, the FAA finalizes its 

alternate framework to stand-up initial 

groups of powered-lift pilots and flight 

instructors. Most notably, the FAA 

adopts alternate frameworks to facilitate 

the certification of pilots seeking 

qualifications in a powered-lift with 

single functioning flight controls and a 

single pilot station. In response to 

commenters, the FAA provides 

clarification for certain operating rules 

and adopts a performance-based 

approach to certain operating rules to 

enable powered-lift operations. In 

addition to finalizing provisions for 

powered-lift, this action also makes 

changes to practical tests in aircraft that 

require type ratings, including airplanes 

and helicopters, training center 

rotorcraft instructor eligibility, training 

and testing requirements, and training 

center use of rotorcraft in flight training. 

DATES: This final rule is effective 

January 21, 2025, except for amendatory 

instruction 52 which is effective July 21, 

2025. 

The incorporation by reference of 

certain publications listed in this final 

rule are approved by the Director of the 

Federal Register as of January 21, 2025. 

ADDRESSES: For information on where to 

obtain copies of rulemaking documents 

and other information related to this 

final rule, see ‘‘How to Obtain 

Additional Information’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Christina Grabill, AFS– 

810, Federal Aviation Administration, 

800 Independence Ave. SW, 

Washington, DC 20591; telephone (202) 

267–1100; email 9-FAA-Powered-Lift@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Executive Summary 

A. Purpose of the Regulatory Action 

B. Aircraft Certification 

C. Airman Certification 

D. Operational Requirements 

E. International Operation of Powered-Lift 

F. Summary of the Costs and Benefits 

G. SFAR Framework and Duration 

II. Authority for This Rulemaking 

III. Background 

A. General 

B. Summary of the NPRM 

C. General Overview of Comments 

D. Differences Between the NPRM and the 

Final Rule 

IV. Powered-Lift Type Certification and 

FSTD Qualification 

A. Type Certification 

B. Noise Certification 

C. Qualification of Powered-Lift Flight 

Simulation Training Devices (FSTDs) 

V. Certification of Powered-Lift Pilots 

A. Establish a Type Rating Requirement for 

Persons Seeking To Act as PIC of 

Powered-Lift 

B. Applicability of the Type Rating 

Requirement to Military Pilots 

C. Applicability of the SIC Qualification 

Requirements of § 61.55 to Powered-Lift 

D. Dual Controls Considerations Related to 

Flight Training and Supervised 

Operating Experience 

E. Supervised Operating Experience of 

§ 61.64 

F. Establishment of an Alternate Pathway 

for Pilot Certification 

G. Training in an Approved Program Under 

Parts 135, 141, and 142 

H. Practical Tests 

I. Miscellaneous Amendments 

J. Part 135 Pilot Qualifications 

K. Part 142 Training Centers 

L. Subpart K of Part 91 Pilot Qualifications 

VI. Operational Rules for Powered-Lift 

A. Introduction 

B. Part 91 Rules for Powered-Lift 

C. Part 97 Rules for Powered-Lift 

D. Part 135 Rules for Powered-Lift 

E. Part 136 Rules for Powered-Lift 

F. Part 43 Applicability to Powered-Lift 

G. Pilot Records Database 

VII. Air Traffic Operations 

VIII. International Operations for PoweredLift 

A. Personnel Licensing 

B. Operations of Aircraft 

C. Airworthiness of Aircraft 

IX. Advanced Air Mobility 

X. SFAR Framework and Duration 

XI. Autonomous Powered-Lift 

XII. Comments to Regulatory Impact Analysis 

XIII. FAA Readiness 

XIV. Definitions 

A. Definition of Powered-Lift 

B. Definition of Flight Modes 

C. Definition of Heliport 

D. Definition of Autorotation 

XV. Other Comments Related to Powered-Lift 

A. Other Comments Related to Language or 

Definitions in the Powered-Lift NPRM 

B. Safety Systems or Procedures Not 

Addressed in the NPRM 

C. Other Comments Related to PoweredLift Design 

D. Congressional Comments 

XVI. Related Rulemakings 

XVII. Severability 

XVIII. Regulatory Notices and Analyses 

A. Summary of the Regulatory Impact 

Analysis 

B. Regulatory Flexibility Act 

C. International Trade Impact Assessment 

D. Unfunded Mandates Assessment 

E. Paperwork Reduction Act 

F. International Compatibility 

G. Environmental Analysis 

H. Regulations Affecting Intrastate 

Aviation in Alaska 

I. Congressional Review Act 

XIX. Executive Order Determinations 

A. Executive Order 14036, Promoting 

Competition in the United States 

Economy 

B. Executive Order 13985, Advancing 

Racial Equity and Support for 

Underserved Communities Through the 

Federal Government 

C. Executive Order 13132, Federalism 

D. Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

E. Executive Order 13211, Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

F. Executive Order 13609, Promoting 

International Regulatory Cooperation 

XX. Additional Information 

A. Electronic Access and Filing 

B. Small Business Regulatory Enforcement 

Fairness Act 

List of Abbreviations and Acronyms 

Frequently Used in This Document 

Abbreviations and Acronyms Used in 

This Document 

ACO—Aircraft Certification Office 

ACS—Airman Certification Standards 

APD—Aircrew Program Designee 

AIH—Aviation Instructor’s Handbook 

AQP—Advanced Qualification Program 

ATC—Air Traffic Control 

ATP—Airline Transport Pilot 

ATO—Air Traffic Organization 

CAMP—Continuous Airworthiness 

Maintenance Program 

CFIT—Controlled Flight Into Terrain 

CFR—Code of Federal Regulations 

CLOA—Certificate and Letter of Authority 

CVR—Cockpit Voice Recorder 

DPE—Designated Pilot Examiner 

GPS—Global Positioning System 

GPWS—Ground Proximity Warning Systems 

ELT—Emergency Locator Transmitter 

ERT—Extended Review Team 

FDR—Flight Data Recorder 

FFS—Full Flight Simulator 

FSB—Flight Standardization Board 

FSBR—Flight Standardization Board Report 

FSTD—Flight Simulation Training Device 


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1FAA Reauthorization Act of 2024, Pub. L. 118– 

63 (May 16, 2024). The media often refer to these 

operations as ‘‘air taxis’’; however, this term is used 

only in the context of 14 CFR chapter II (pertaining 

to DOT-specific regulations). Consequently, 

throughout this preamble, the FAA refers to these 

operations as passenger-carrying operations or air 

carrier operations. 

2The FAA uses the term ‘‘initial cadre’’ 

throughout this preamble. In some instances, initial 

cadre refers to a sufficient number of instructors 

and evaluators to train and qualify pilots for 

powered-lift ratings under an approved training 

program under part 135, 141, or 142. In other 

instances, the term refers to a sufficient number of 

pilots who are rated in powered-lift to meet the 

demands of the market. 

FTD—Flight Training Device 

HAA—Helicopter Air Ambulance 

HTAWS—Helicopter Terrain Awareness 

Warning System 

ICAO—International Civil Aviation 

Organization 

IFR—Instrument Flight Rules 

IMC—Instrument Meteorological Conditions 

IOE—Initial Operating Experience 

IPC—Instrument Proficiency Check 

LOA—Letter of Authorization 

LOFT—Line Oriented Flight Training 

MDA—Minimum Descent Altitude 

MCTW—Maximum Certificated Takeoff 

Weight 

MEL—Minimum Equipment List 

MFD—Multifunction Display 

MGTOW—Maximum Gross Takeoff Weight 

MMEL—Master Minimum Equipment List 

NAS—National Airspace System 

NPRM—Notice of Proposed Rulemaking 

NM—Nautical Mile 

NSP—National Simulator Program 

NTSB—National Transportation Safety Board 

OEM—Original Equipment Manufacturer 

PA—Public Address System 

PDP—Professional Development Program 

PIC—Pilot in Command 

PFD—Primary Flight Display 

POI—Principal Operations Inspector 

PTS—Practical Test Standards 

QPS—Qualification Performance Standards 

RPA—Rules of Particular Applicability 

SARPs—Standards and Recommended 

Practices 

SFAR—Special Federal Aviation Regulation 

SIC—Second in Command 

SLF—Supervised Line Flying 

SOE—Supervised Operating Experience 

SVO—Simplified Vehicle Operations 

TAPL—Technically Advanced Powered-Lift 

TAWS—Terrain Awareness and Warning 

System 

TC—Type Certificate 

TCE—Training Center Evaluator 

TCDS—Type Certificate Data Sheet 

VFR—Visual Flight Rules 

VMC—Visual Meteorological Conditions 

VTOL—Vertical Takeoff and Landing 

I. Executive Summary 

This final rule establishes the 

requirements for pilot certification and 

operation of powered-lift. Powered-lift 

are defined in title 14 of the Code of 

Federal Regulations (14 CFR) part 1 as 

heavier-than-air aircraft capable of 

vertical takeoff, vertical landing, and 

low speed flight that depends 

principally on engine-driven lift devices 

or engine thrust for lift during these 

flight regimes and on nonrotating 

airfoil(s) for lift during horizontal flight. 

Powered-lift are capable of vertical 

takeoff and landing (VTOL) while being 

able to fly like an airplane during cruise 

flight. Currently, there are no typecertificated powered-lift in civil 

operations; however, there are several 

applicants seeking type certificates for 

such aircraft. 

Several of the powered-lift that the 

FAA expects to enter the civilian market 

have complex and unique design, flight, 

and handling characteristics with 

varying degrees of automation. The FAA 

anticipates that these aircraft will 

conduct an array of different operations, 

such as transporting crew and material 

to offshore oil rigs, transporting 

passengers from point-to-point as an air 

ambulance, and transporting passengers 

in concentrated urban environments. 

To safely integrate powered-lift in the 

national airspace system (NAS), the 

FAA is making permanent changes to 

parts 61, 135, and 142 to train and 

certificate powered-lift pilots and 

instructors, as well as issuing a 

temporary Special Federal Aviation 

Regulation (SFAR) that supplements 

existing rules, creates temporary 

alternatives for airman certification, 

removes operational barriers, and 

mitigates safety risks for powered-lift. 

As discussed in section X of this 

preamble, the duration of the SFAR is 

10 years. 

Powered-lift will also be utilized to 

support the deployment of advanced air 

mobility (AAM) operations. AAM is an 

umbrella term for an air transportation 

system that moves people and cargo 

using revolutionary new aircraft. The 

AAM Coordination and Leadership Act 

defines AAM as ‘‘a transportation 

system that transports people and 

property by air between two points in 

the United States using aircraft with 

advanced technologies, including 

electric aircraft or electric vertical takeoff and landing aircraft, in both 

controlled and uncontrolled airspace.’’ 

The FAA Reauthorization Act of 2024 

updated the definition to mean ‘‘a 

transportation system that is comprised 

of urban air mobility and regional air 

mobility using manned or unmanned 

aircraft.’’ 1 Congress directed the 

Department of Transportation to 

establish an advanced air mobility 

working group to plan for and 

coordinate efforts necessary for 

maturation of the AAM ecosystem in the 

United States through the Advanced Air 

Mobility Coordination and Leadership 

Act. This rulemaking is an important 

step in facilitating the integration of 

powered-lift and AAM into the NAS. 

A. Purpose of the Regulatory Action 

This final rule addresses regulatory 

barriers to introducing powered-lift as a 

new category of aircraft into operations 

in the NAS. The final rule creates an 

alternate pathway for pilot certification 

and enables operations under parts 91 

(General Operating and Flight Rules), 97 

(Standard Instrument Procedures), 135 

(Commuter and On-Demand 

Operations), and 136 (Commercial Air 

Tours). 

The existing regulations in part 61 for 

training and certificating powered-lift 

flight instructors and pilots do not 

adequately address the unique 

challenges of introducing a new 

category of aircraft to civil operations. 

First, the existing regulations did not 

anticipate the diversity in design of the 

powered-lift that are working through 

the aircraft certification process. 

Second, there are challenges with 

applying existing aeronautical 

experience requirements to train and 

certificate the initial cadre 2 of poweredlift flight instructors and pilots. In 

addition, part 135 regulations for certain 

commercial operations do not contain 

specific requirements addressing the 

qualifications for powered-lift pilots. 

Therefore, current part 135 pilot 

qualification requirements that apply to 

pilots of airplanes and helicopters need 

to be amended to include powered-lift 

pilots to close the safety gap. 

In addition, to address an operational 

safety risk that exists because the 

current regulatory framework governing 

operations does not contemplate 

powered-lift, changes had to be made to 

certain operational rules. There are 

myriad operational rules under parts 91, 

97, 135, and 136 that currently apply to 

‘‘airplanes,’’ ‘‘helicopters,’’ and/or 

‘‘rotorcraft’’ that should also apply to 

powered-lift. 

Industry has expressed its intent to 

introduce these aircraft immediately 

into passenger-carrying commercial 

operations under part 135, making the 

need to reconsider the existing airman 

certification standards and operating 

regulations for powered-lift and address 

the absence of specific regulations for 

pilots in part 135 more urgent. The FAA 

requires and the public expects that 

commercial operations be conducted 

with the highest regard for safety and by 

pilots who have the requisite experience 

flying the particular category of aircraft 

in which paying passengers will be 

transported. As a result, this rulemaking 

is necessary to ensure that pilots for 

these aircraft are properly trained and 


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that these rapidly developing aircraft 

can safely integrate and operate within 

the NAS. 

The following sections discuss the 

provisions being adopted in this final 

rule. 

B. Aircraft Certification 

The FAA did not establish any new 

requirements for the type certification of 

powered-lift, nor did it revise existing 

type certification requirements. The 

FAA determined that existing aircraft 

certification requirements are sufficient 

to type certificate powered-lift as a 

special class under § 21.17(b). The 

special class process allows the FAA to 

address the novel features of unique and 

nonconventional aircraft without the 

need for additional processes such as 

special conditions or exemptions that 

would be required if the FAA used the 

airworthiness standards already in 

place. The aircraft certification 

requirements and comments the FAA 

received are discussed in more detail in 

section IV.A. of this preamble. 

C. Airman Certification 

To maintain a level of safety 

commensurate with that expected for 

airplanes and helicopters, the FAA 

adopts new requirements for pilots to 

hold type ratings for each powered-lift 

they fly and qualification requirements 

for powered-lift pilots serving in part 

135 operations. To address the obstacles 

to airman certification, the FAA 

provides alternatives to certain 

requirements in part 61 through the 

establishment of a new part 194, Special 

Federal Aviation Regulation No. 120— 

Powered-Lift: Pilot Certification and 

Training; Operations Requirements, to 

facilitate the training and certification of 

the initial cadre of powered-lift 

instructors and pilots. In addition to this 

alternate framework, the FAA adopts 

several pathways to certificate poweredlift pilots utilizing aircraft with a single 

flight control and single pilot station. 

The FAA is facilitating this through 

three options: (1) recognition of a single 

flight control that is accessible by both 

the student and flight instructor and 

allows for the instructor to immediately 

intervene if necessary; (2) expanded use 

of simulators to allow an applicant to 

train in a simulator and gain necessary 

experience solo in the aircraft; and (3) 

deviation authority for consideration of 

future advancements in technology that 

is not currently validated at this time. 

1. Type Rating 

The FAA did not establish classes 

within the powered-lift category 

because each powered-lift can have 

different configurations, unique 

inceptors, diversified flight controls, 

and distinctive operating characteristics. 

Further, the FAA lacks sufficient 

operational data to identify 

commonality to establish classes within 

the powered-lift category because 

powered-lift are still in the development 

phase. The FAA finds that reasons for 

not establishing class ratings persist, 

and the final rule adopts the proposal 

for all powered-lift pilot in commands 

(PICs) to hold a type rating. 

2. Flight Instructors 

The FAA recognizes that, once the 

first powered-lift achieve type 

certification, there will be an 

insufficient number of qualified flight 

instructors to provide training to the 

pilots who will need to obtain 

certificates and ratings necessary to 

serve in powered-lift operations. For 

this reason, the FAA is allowing certain 

pilots employed by the manufacturer to 

obtain the necessary training and 

experience for powered-lift through the 

test flights and crew training activities 

necessary for aircraft certification. Once 

the manufacturer’s personnel obtain the 

necessary ratings, they would form the 

initial cadre of instructors who could 

conduct certification training in the 

manufacturer’s aircraft for certain 

instructor personnel at part 141 pilot 

schools, part 142 training centers, and 

part 135 operators. These instructors 

under parts 141, 142, and 135 would 

then develop the curricula for the initial 

powered-lift training at their respective 

organizations and conduct certification 

training at their respective certificate 

holders. The FAA finalizes this alternate 

framework for test pilots and instructor 

pilots to facilitate certification training 

as proposed. 

3. Alternate Framework for Pilot 

Certification 

Even with sufficient qualified flight 

instructors, the existing airman 

certification rules for powered-lift 

present barriers for persons seeking to 

accomplish the training and experience 

necessary to obtain the certificates and 

ratings for commercial operations. In 

response to industry concerns, the FAA 

adopts alternate requirements for 

meeting PIC flight time and crosscountry flight time requirements in part 

61 and expanding the opportunity for 

pilots to obtain powered-lift ratings at 

the commercial pilot certificate level 

through part 135 training programs. 

Most of the alternative requirements 

would be available only to pilots who 

already hold a commercial pilot 

certificate and an instrument rating for 

another category of aircraft. In addition, 

although no flight simulation training 

devices (FSTDs) representing poweredlift are currently qualified, the FAA 

anticipates near-term qualification of 

such devices and proposed allowing 

increased flight training opportunities 

through simulation. This final rule 

adopts the alternate aeronautical 

experience and cross-country 

requirements, as proposed, with some 

minor alterations. 

In addition, as explained more fully 

in section V.F., this final rule reduces 

the PIC flight time in a powered-lift at 

the commercial pilot certificate level 

from 50 hours to 35 hours, of which 15 

hours may still be in a Level C or higher 

full flight simulator (FFS). 

4. Part 135 Qualifications 

The FAA adopts permanent changes 

to training and qualification 

requirements for pilots to align with the 

requirements for powered-lift with those 

established for pilots of airplanes and 

rotorcraft in part 135. The proposals 

included Airline Transport Pilot (ATP) 

certification and operating experience in 

the make and model of powered-lift for 

PICs in commuter operations, part 121 

Advanced Qualification Program (AQP) 

training requirements for pilots who 

serve in commuter operations in certain 

powered-lift, and instrument ratings for 

all powered-lift pilots in part 135 

operations. In addition to allowing a 

part 135 operator to develop and 

provide training for powered-lift pilot 

certification at the commercial pilot 

level, the FAA is permitting successful 

completion of part 135 pilot checks to 

be used to meet the practical test 

requirements for powered-lift ratings 

subject to certain conditions. 

Overall, the FAA finalizes the 

proposed requirements regarding 

integration of powered-lift pertaining to 

part 135 qualifications without 

substantial changes from what was 

proposed in the NPRM. In response to 

commenters, the FAA made certain 

editorial changes to add clarification 

and better enable powered-lift training 

and testing that would have otherwise 

created obstacles. 

5. Dual Controls 

The FAA noted in its proposal that it 

was retaining the powered-lift category 

and proposed alternate aeronautical 

experience and logging requirements to 

allow certain groups of pilots to attain 

the necessary aeronautical experience. 

In accordance with flight training 

requirements under § 91.109 and the 

requirements for supervised operating 

experience (SOE) in § 61.64, the 

powered-lift would be required to have 

a dual set of controls to accomplish the 


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aeronautical experience required in an 

aircraft and SOE. 

After consideration of the comments 

received, the FAA is adopting several 

pathways to enable the use of a 

powered-lift without dual controls. The 

first pathway permits flight training in 

a powered-lift with a single set of flight 

controls accessible by both student and 

instructor (e.g., a throwover control). 

The second pathway allows all flight 

training to be conducted in an approved 

simulator, culminating in solo 

aeronautical experience in a poweredlift with a single set of flight controls 

subject to certain conditions and 

limitations set forth in a new appendix 

to part 194. This pathway allows an 

Original Equipment Manufacturer 

(OEM) to utilize a Level C or higher FFS 

to conduct the required flight training in 

accordance with part 61 and part 194. 

The pilot can gain the necessary 

experience through a series of 

demonstration flights and solo 

experience, complete a practical test in 

a Level C FFS, and then conduct 

abbreviated operating experience in the 

powered-lift to become fully qualified 

and fly in the NAS. Finally, the third 

pathway permits the FAA to issue 

deviation authority to facilitate flight 

training in a powered-lift with a single 

set of flight controls in the NAS based 

on future demonstrated and validated 

advancements in technology. 

The FAA makes conforming 

amendments in light of these alternate 

pathways to the supervised operating 

experience requirements and in part 

135. Specifically, this final rule adopts 

certain alternate provisions to facilitate 

supervised operating experience in a 

powered-lift with a single set of controls 

and a single pilot seat. Additionally, 

this final rule revises current 

requirements for instructor training that 

is accomplished from either pilot station 

to provide a feasible pathway for 

approved part 135 training programs, 

pilots, instructors, and check airman 

operating only with one pilot station 

and/or set of flight controls. 

6. Impacts to Rotorcraft Training at Part 

142 Training Centers 

The FAA adopts permanent changes 

that, in addition to establishing 

requirements for powered-lift, would 

affect certain part 142 training in FSTDs 

for rotorcraft. These proposed changes 

would harmonize requirements for 

airplanes, powered-lift, and rotorcraft in 

part 142, specifically for pilot training 

in an FSTD that represents an aircraft 

requiring a type rating. This final rule 

applies the ATP aeronautical experience 

requirements to FSTD instructors in 

airplanes and helicopters requiring a 

type rating, powered-lift weighing over 

12,500 pounds, and turbojet powered 

powered-lift rather than all aircraft 

requiring a type rating. In some 

instances, these adopted changes 

provide additional flexibility to training 

and qualification for rotorcraft 

instructors consistent with allowances 

for airplane instructors and provide 

training and testing for rotorcraft 

instructors that is more specifically 

focused on rotorcraft, instead of 

airplanes. 

D. Operational Requirements 

To mitigate the safety gaps that exist 

due to the absence of operational 

regulations specifically applicable to 

powered-lift, the FAA proposed, 

through the SFAR, to apply specific 

airplane, rotorcraft, and helicopter rules 

contained in parts 43, 91, 97, 135, and 

136 to powered-lift as appropriate. In 

the proposal, the FAA determined that 

applying the airplane rules in most 

instances was a safer, more conservative 

approach, especially given the lack of 

powered-lift operational data. 

Notwithstanding, in some instances, for 

example under part 136, the FAA 

determined that applying the helicopter 

or rotorcraft rules were appropriate and 

provided an equivalent level of safety. 

Specifically, the FAA initially 

proposed using the visual flight rules 

(VFR) fuel requirements specified for 

airplanes for both operations conducted 

under parts 91 and 135. After 

considering comments received, the 

FAA is adopting different requirements 

than proposed related to fuel reserves 

when conducting VFR operations. The 

SFAR now stipulates helicopter 

minimums for powered-lift capable of 

conducting a landing in the vertical-lift 

flight mode along the entire route of 

flight. Powered-lift that are not capable 

of conducting a landing in the verticallift flight mode along the entire route of 

flight must meet airplane minimums. 

In addition, the FAA initially 

proposed using the instrument flight 

rules (IFR) fuel requirements specified 

for airplanes for operations conducted 

under parts 91 and 135. The SFAR now 

permits the use of helicopter minimums 

stipulated for powered-lift that are 

authorized to conduct Copter 

Procedures and that have the 

performance capability, as provided in 

the Aircraft Flight Manual (AFM), to 

conduct a landing in the vertical-lift 

flight mode for the entire flight. 

Powered-lift that do not meet these 

criteria will be required to meet the 

airplane minimums. 

The FAA also proposed using the VFR 

visibility requirements prescribed for 

airplanes. The final rule states that 

helicopter minimums are applicable if 

the powered-lift is operated in the 

vertical-lift flight mode and is operated 

at a speed that allows the pilot adequate 

opportunity to see any other traffic or 

obstructions in time to avoid a collision. 

If either of those requirements are not 

met, then the airplane minimums apply. 

Finally, the FAA proposed using the 

general aircraft minimum safe altitudes 

for operations conducted under parts 91 

and 135, rather than allowing poweredlift to utilize helicopter exclusions. The 

final rule provides that powered-lift 

operating in vertical-lift flight mode that 

have demonstrated a capability to 

autorotate or conduct an approved 

equivalent maneuver are allowed the 

same minimum safe altitudes as those 

afforded to helicopters. However, for 

part 135 operations, it is important to 

note that the minimum altitude cannot 

be lower than 300 feet above the surface. 

When a powered-lift is operating in the 

vertical-lift flight mode and is 

certificated to conduct an autorotation 

or an approved equivalent maneuver to 

a landing, then helicopter minimum 

safe altitudes or lowest altitude 

published in the AFM apply. 

Under part 136, the FAA proposed 

applying the operational requirements 

specific to helicopter operations within 

part 136 to powered-lift operations 

because the FAA anticipated poweredlift will hover and operate similarly to 

helicopters when conducting air tours, 

except when relying on wing-borne 

flight. In the final rule, as addressed in 

section VI.E. of this preamble, ‘‘Part 136 

Rules for Powered-Lift,’’ the FAA 

applies some provisions in part 136 to 

powered-lift regardless of the flight 

mode in which the aircraft is operating 

because the FAA determined those 

provisions—such as requiring flotation 

equipment—should apply to poweredlift regardless of whether they are 

operating in the vertical-lift or wingborne flight mode. 

The FAA will allow powered-lift 

operators to use Copter Procedures as 

defined in part 97 if the aircraft has 

been type-certificated and equipped to 

utilize those procedures. That capability 

will be identified in the limitations 

section of the AFM along with any other 

specific limitations and procedures 

necessary for safe operation of the 

aircraft. 

The FAA has made a permanent 

change to the regulatory requirements 

for the Pilot Records Database contained 

in part 111 to include powered-lift as a 

qualifying aircraft to meet the threshold 

requirement of whether a person 

operating in furtherance of a business 

needs to report pilot records to the Pilot 

Records Database. 


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3See 14 CFR 91.703. To note, § 91.703(a)(2) 

requires each person operating a civil aircraft of 

U.S. registry outside the U.S. when within a foreign 

country to comply with the regulations relating to 

the flight and maneuver of aircraft there in force 

and, with narrow exceptions, comply with 14 CFR 

part 91 so far as it is not inconsistent with the 

applicable regulations of the foreign country where 

the aircraft is operating or Annex 2. 

4Transforming Aviation: Stakeholders Identified 

Issues to Address for ‘Advanced Air Mobility’ | U.S. 

GAO, www.gao.gov/assets/gao-22-105020.pdf. 

For purposes of maintenance, 

preventive maintenance, rebuilding, and 

alteration, the FAA proposed to apply 

the current requirements under part 43, 

with only two modifications. First, the 

FAA proposed to apply the preventive 

maintenance requirements available to 

certificate holders operating rotorcraft 

under part 135 in remote areas to 

certificate holders similarly operating 

powered-lift. Second, the FAA proposed 

that in lieu of complying with 

§ 43.15(b), each person performing an 

inspection required by part 91 on a 

powered-lift, must inspect ‘‘critical 

parts’’ (as defined under §§ 27.602 and 

29.602) in accordance with the 

maintenance manual or Instruction for 

Continuous Airworthiness, or as 

otherwise approved by the 

Administrator. The FAA is adopting 

these requirements as proposed. 

The operational requirements and 

comments the FAA received are 

discussed in more detail in section VI.F. 

of this preamble. 

E. International Operation of PoweredLift 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

conform to International Civil Aviation 

Organization (ICAO) Standards and 

Recommended Practices (SARPs) to the 

maximum extent practicable. In this 

final rule, the FAA amends part 61 to 

require powered-lift pilots to have a 

type rating, which meets the standards 

outlined in ICAO Annex 1, Personnel 

Licensing. Under parts 91 and 135, the 

FAA requires U.S. operators to comply 

with ICAO Annex 2, Rules of the Air, 

when operating over the high seas or 

when operating within a foreign 

country.3 ICAO Annex 8, Airworthiness 

of Aircraft, is silent on powered-lift; 

however, the FAA designates poweredlift as special class aircraft for type 

certification in accordance with 

§ 21.17(b) and applies airworthiness 

criteria that meet an equivalent level of 

safety to the FAA’s existing 

airworthiness standards and are 

consistent with the intent of ICAO 

Annex 8 to the Chicago Convention. 

Accordingly, U.S. operators of poweredlift that are type-certificated with a 

standard airworthiness certificate and 

conduct their operations in accordance 

with the standards outlined in Annex 2 

would be eligible to operate over the 

high seas. The requirements for the 

international operation of powered-lift 

and comments the FAA received are 

discussed in more detail in section 

VIII.B. of this preamble. 

F. Summary of the Costs and Benefits 

Operations with powered-lift are 

anticipated to offer benefits over 

traditional airplanes and rotorcraft. A 

report published by the U.S. 

Government Accountability Office 

(GAO) stated that many of these newer 

kinds of aircraft could be easier to 

design, simpler to construct, less 

complicated to maneuver, quieter to fly, 

and more economical to operate 

compared to traditional aircraft.4 Many 

use cases for these aircraft are 

envisioned, and this rulemaking is a 

step toward those use cases coming to 

realization. 

Several problems exist absent this 

rulemaking. The first is that only 

operating rules applicable to poweredlift are those specific to ‘‘aircraft,’’ 

which introduces a substantial safety 

gap in part 91 and part 135 operations. 

This safety gap does not exist for parts 

91 and 135 operations conducted with 

airplanes, helicopters, and rotorcraft 

because decades of FAA rulemaking has 

resulted in a continuum of rules 

establishing minimum safety standards 

for operations conducted with these 

aircraft. A similar suite of categoryspecific rules simply does not exist for 

powered-lift because these are new and 

novel aircraft that have yet to be typecertificated for operations in the NAS. 

Consequently, powered-lift would not 

be required to operate at the level of 

safety required of operations conducted 

with airplanes, helicopters, or rotorcraft. 

The second problem is challenges 

presented by the existing airmen 

certification regulations. Unlike the 

extensive infrastructure in place for the 

training and certification of airplane and 

rotorcraft pilots and instructors, the 

resources to scale powered-lift training 

and certification of pilots and 

instructors is scant due to the lack of 

powered-lift flight instructors and FAAcertificated aircraft available for airman 

training and testing (and operations). 

Without this rulemaking, civilian pilots 

will be unable to obtain powered-lift 

ratings necessary for industry to scale 

operations intended for these new and 

novel aircraft. 

The third problem absent this SFAR 

are the requirements for acting as PIC of 

a powered-lift operation. Should typecertificated powered-lift become 

available before this rule is finalized, 

individuals holding an airman 

certificate with a powered-lift category 

rating would be permitted to act as PIC 

of powered-lift operations. Taking into 

consideration the variation in operating 

characteristics for each powered-lift 

coming to the civilian market, a 

powered-lift category rating would not 

adequately prepare an individual to act 

as PIC of a powered-lift operation. 

While operators choosing to conduct 

operations with powered-lift will incur 

costs to comply with regulations in this 

SFAR, these costs are on a scale 

equivalent to those incurred by 

operators choosing to conduct 

operations with airplanes or rotorcraft 

under similar regulations. Likewise, 

costs imposed on individuals that 

choose to accomplish the training and 

testing required to hold an airman 

certificate with a type rating in the 

powered-lift category are on a scale 

equivalent to those incurred by 

individuals accomplishing training and 

testing to hold an airman certificate 

with a type rating in the airplane or 

rotorcraft category. In other words, the 

costs imposed on operators and 

individuals that choose to comply with 

regulations finalized by this rule will be 

no more burdensome than the costs 

incurred by entities and individuals 

complying with corresponding airplane 

and rotorcraft regulations that are 

already in effect. Additionally, the FAA 

has provided some performance-based 

options in certain rules that could 

reduce the burden on industry as 

compared to the comparable 

prescriptive requirements of the 

proposed rule. 

The provisions in this SFAR can 

generally be grouped by those rules 

affecting airman certification and those 

rules enabling powered-lift to conduct 

operations under parts 91, 97, 135, and 

136. For certification of airmen with a 

type rating in powered-lift, the FAA 

allows alternative aeronautical 

experience and logging requirements. 

For the operational rules, the FAA 

applies specific airplane, rotorcraft, or 

helicopter rules to powered-lift, as 

appropriate. The FAA has considered 

each finalized regulation in the SFAR to 

determine its economic impact. An 

overview of this analysis is included in 

the Regulatory Evaluation portion of 

this preamble. A regulatory impact 

analysis has also been prepared for the 

finalized SFAR and can be found in the 

docket for this rule. 

The following table presents a 

summary of the primary estimate for 

which data was available to monetize 


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5Monetized costs for the rule stem from the 

cadence of aircraft deliveries. In the optimistic 

scenario, aircraft deliveries are forecast to begin in 

year 1 and continue through year 10. Aircraft 

deliveries for the base scenario are forecast to occur 

during years 2–10, and in the pessimistic scenario 

during years 3–10. As a result, costs for the 

optimistic scenario accumulate over a period of 10 

years versus the base and pessimistic scenarios, 

over which costs accumulate for a period of 9 years 

and 8 years, respectively. 

the costs of this rule, as well as 

estimates for a pessimistic and 

optimistic scenario. The monetized 

costs include incremental costs for 

individuals to hold an airman’s 

certificate with a type rating for the 

powered-lift flown, costs for the 

minimum fuel reserve requirement, and 

costs for the provision of dual-control 

aircraft and full flight simulators for 

training. For the primary estimate, over 

a 10-year period of analysis, this rule 

would result in present value costs of 

about $914.2 million at a two percent 

discount rate with annualized costs of 

about $101.8 million.5 Additional 

details are provided in the Regulatory 

Evaluation section of this SFAR and in 

the regulatory impact analysis available 

in the docket for this rulemaking. 

TABLE 1—MONETIZED COSTS OF SFAR 

[Millions $] 

Forecast scenario 

10-Year 

present 

value 

Annualized 

Base—Primary Estimate .......................................................................................................................................... $914.2 $101.8 

Pessimistic ............................................................................................................................................................... 865.5 96.4 

Optimistic ................................................................................................................................................................. 966.1 107.6 

G. SFAR Framework and Duration 

This final rule enables powered-lift 

operations for a limited duration and 

provides the FAA an opportunity to 

assess the operations and establish a 

comprehensive regulatory scheme. This 

final rule adopts both limited 

permanent changes and a time-limited 

SFAR to facilitate powered-lift 

operations. The SFAR permits the FAA 

to gather data—via established approved 

information collections, regulatory 

requirements, and informal anecdotal 

information and observations—and 

better understand what a 

comprehensive permanent regulatory 

framework should look like. 

Further, the FAA notes that section 

955(c) of the FAA Reauthorization Act 

of 2024 (Pub. L. 118–63) mandates that 

the FAA establish an aviation 

rulemaking committee (ARC) no later 

than three years after the FAA issues the 

first commercial operating certificate to 

a powered-lift, to provide the 

Administrator with specific findings 

and recommendations for, at a 

minimum, the creation of a standard 

pathway for the performance-based 

certification of powered-lift aircraft; the 

certification of airmen capable of 

serving as pilot-in-command of a 

powered-lift; and operation of poweredlift in commercial service and air 

transportation. Section 955(d) requires 

the FAA to initiate a rulemaking no later 

than 270 days after the ARC submits its 

report. Not only does this language 

impose a timeline for establishing the 

ARC and subsequent rulemaking, it 

acknowledges that an ARC will first 

need real-world operational data from 

commercial powered-lift operations 

before it can provide informed 

recommendations for a permanent 

rulemaking. 

Because the SFAR will affect several 

parts of 14 CFR, the FAA has 

determined that the most clear and 

comprehensive regulatory approach is 

through the creation of a new part to 

wholly contain the SFAR. Specifically, 

the FAA is adding a new part 194, titled 

‘‘Special Federal Aviation Regulation 

No. 120—Powered-Lift: Pilot 

Certification and Training; Operations 

Requirements,’’ to 14 CFR under new 

subchapter L, titled ‘‘Other Special 

Federal Aviation Regulations.’’ New 

part 194 utilizes the traditional 

regulatory structure to supplement 

existing rules, creates temporary 

alternatives for airman certification, 

removes operational barriers, and 

mitigates safety risks for powered-lift. 

As a result, requisite applicability 

revisions are made to parts 43, 60, 61, 

91, 97, 111, 135, 136, 141, and 142 to 

clearly communicate that current 

regulations are intended to operate in 

tandem with part 194, as subsequently 

discussed in this preamble. 

This SFAR will remain in effect for 

ten years after this final rule becomes 

effective. In selecting ten years as the 

appropriate duration for this SFAR, the 

FAA considered a number of factors 

including the time it will take to initiate 

operations after this final rule becomes 

effective and the type certification status 

of the powered-lift that are 

commercially viable. As discussed in 

section I.G. of this preamble (‘‘SFAR 

Framework and Duration’’), the FAA 

has determined that a ten-year period is 

an appropriate length of time to collect 

operational data from powered-lift 

operations. This data will inform a 

subsequent rulemaking to implement 

permanent amendments. 

II. Authority for This Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in Title 49 of the 

United States Code. Subtitle I, Section 

106 describes the authority of the FAA 

Administrator. Subtitle VII, Aviation 

Programs, describes in more detail the 

scope of the FAA’s authority. 

The FAA is issuing this final rule 

under the authority described in 

Subtitle VII, Part A, Subpart i, Section 

40113, Administrative, and Subpart iii, 

Section 44701, General Requirements; 

Section 44702, Issuance of Certificates; 

Section 44703, Airman Certificates; 

Section 44704, Type Certificates, 

Production Certificates, Airworthiness 

Certificates, and Design and Production 

Organization Certificates; Section 

44705, Air Carrier Operating 

Certificates; and Section 44707, 

Examination and Rating Air Agencies. 

Under these sections, the FAA 

prescribes regulations and minimum 

standards for practices, methods, and 

procedures necessary for safety in air 

commerce, including the authority to 

examine and rate civil schools and 

prescribe regulations to ensure the 

competency of instructors. The FAA is 

also authorized under these sections to 

issue certificates, including airman 

certificates, type certificates, and air 

carrier operating certificates, in the 

interest of safety. 

This rulemaking is also issued under 

the authority described in Subtitle VII, 

Part A, Subpart iii, Section 44712, 

Emergency Locator Transmitters; 

Section 44713, Inspection and 

Maintenance; Section 44715, Noise and 

Sonic Boom; Section 44716, Collision 


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6Further, technical amendments are ‘‘a routine 

determination, insignificant in nature and impact, 

and inconsequential to the industry and to the 

public.’’ See Mack Trucks, Inc. v. EPA, 682 F.3d 87, 

94 (D.C. Cir. 2012) | (quotation marks and citation 

omitted); See also United States v. Mullins, 2012 

WL 3777067, at *4 (D. Vt. Aug. 29, 2012) 

(explaining that public comment is unnecessary if 

minor or merely technical amendments in which 

the public is not particularly interested were 

involved). 

7Section 3(f) of Executive Order 12866, issued on 

Sept. 30, 1993 (58 FR 51735). 

Avoidance Systems; and Section 44722, 

Winter conditions. These sections direct 

the Administrator to prescribe 

regulations to govern the use of 

emergency locator transmitters and 

collision avoidance systems, the 

standards for inspecting and performing 

maintenance on aircraft, and regulations 

to control aircraft noise and safety risks 

related to winter conditions, 

respectively. 

Section 955 of the FAA 

Reauthorization Act of 2024 (Pub. L. 

118–63) requires that, within seven 

months of the date of enactment of the 

Act, the FAA publish a final rule 

finalizing the notice of proposed 

rulemaking entitled ‘‘Integration of 

Powered-Lift: Pilot Certification and 

Operations; Miscellaneous Amendments 

Related to Rotorcraft and Airplanes.’’ 

Section 955 requires that, with respect 

to any powered-lift aircraft type 

certificated by the FAA, the regulations 

must provide a practical pathway for 

pilot qualification and operations; 

establish performance-based 

requirements for energy reserves and 

other range- and endurance-related 

requirements that reflect the capabilities 

and intended operations of the aircraft; 

provide for a combination of pilot 

training requirements, including 

simulators, to ensure the safe operation 

of powered-lift; and to the maximum 

extent practicable, align powered-lift 

pilot qualifications with section 2.1.1.4 

of Annex 1 to the Chicago Convention. 

Additionally, as required by section 

955(a)(3)(B), the FAA must ensure 

coordination with the Department of 

Defense (DoD). 

In this rule, the FAA provides 

practical pathways for pilots to qualify 

to operate powered-lift, establishing 

pathways for pilots with military 

experience, airline transport pilot and 

commercial experience, and flight 

instruction experience to gain 

experience in the operation of these 

aircraft, providing them with sufficient 

foundations to safely conduct 

passenger-carrying operations. These 

multiple pathways will give pilots of 

diverse backgrounds and prior 

experience opportunities to enter this 

emerging aviation sector. For further 

information on pilot pathways see 

section V. of this preamble. 

Also, in recognition of the comments 

received, the FAA has revised 

requirements related to fuel and energy 

reserves to provide greater flexibility for 

operations conducted under certain 

parameters. Specifically, the SFAR 

outlines performance-based 

requirements that allow powered-lift 

operators to use certain helicopter 

operating rules as long as the operator 

complies with the appropriate risk 

mitigations that are detailed in the rule. 

For example, an operator may use the 

helicopter fuel requirements under 

§ 91.151 if the powered-lift is 

continuously capable of conducting a 

landing in the vertical-lift flight mode 

along the entire route of flight. For 

further information, see section VI. of 

this preamble. 

Further, based on comments received 

to the NPRM, the FAA has significantly 

expanded the ability of manufacturers 

and operators to use flight simulation 

training devices in the training and 

qualification of pilots, recognizing the 

significant advancements in flight 

simulation technology and pilot 

training. This includes providing an 

opportunity for a pilot applicant to 

credit certain experience in a simulator 

in addition to outlining a pathway for 

pilot certification greatly expanding the 

use of simulation when a powered-lift 

has a single functioning flight control. 

For further information on these 

provisions, see sections IV. and V. of 

this preamble. 

The FAA has considered the 

provisions of section 2.1.1.4 of Annex 1 

to the Chicago Convention and ensured 

that the requirements in this rule related 

to pilot certification and operations are 

responsive to the intent of that section 

of the Annex. The FAA carefully 

considered implementation of section 

2.1.1.4 and found it impracticable to 

disrupt the FAA’s traditional airman 

certification framework by the addition 

of a type rating within a wholly 

different aircraft category to an existing 

certificate with a different category 

rating. However, through this SFAR, the 

FAA chose to facilitate alternative 

measures for a pilot to directly receive 

a powered-lift category rating and a 

powered-lift type rating. Similar to the 

conditions set forth in ICAO’s 

transitional recommendation, these 

alternative measures to receive a 

powered-lift category and type rating 

would be completed during training 

provided under an approved or 

proposed training curriculum and 

would take previous experience of an 

applicant in an airplane or helicopter 

into account. Considering the 

flexibilities extended in the final rule, 

FAA believes it has aligned with section 

2.1.1.4 to the maximum extent 

practicable while maintaining safety 

and consistency with its existing 

regulatory structure. For further 

discussion, see section V.A. of this 

preamble. 

Based on the foregoing authorities, the 

FAA makes amendments to clarify the 

rule and corrects inadvertent errors 

contained in the NPRM. These are 

explained in more detail throughout this 

final rule. Amendments correcting for 

clarity, correctness, and grammar are 

not substantive in nature and are a 

logical outgrowth of the NPRM. 

The FAA also makes minor technical 

amendments to its regulations that are 

discussed throughout this preamble. 

The FAA finds that notice and comment 

is unnecessary for these technical 

changes.6

Additionally, in this final rule, the 

FAA revised certain sections of the 

proposed rule to account for FAA Test 

Pilots and Aviation Safety Inspectors 

(ASIs). Providing notice and seeking 

comment on these changes is not 

required as they are rules of agency 

organization, practice, or procedure 

under 5 U.S.C. 553(b)(A). 

Finally, in accordance with 

§ 955(a)(3)(B), the FAA has consulted 

with the DoD on a host of issues 

regarding powered-lift, including the 

United States Air Force Agility Prime 

program; powered-lift that are used for 

military purposes; and commonalities, 

differences, and handling qualities of 

various types of powered-lift. In 

addition to direct consultation, the FAA 

notes that because this final rule was 

designated significant under Executive 

Order 12866, it was coordinated with 

the DoD as well as other agencies during 

interagency coordination.7 This 

coordination serves as another 

opportunity for the FAA to consult with 

the DoD on this rule. 

III. Background 

A. General 

Powered-lift are unique in their 

ability to take off and land vertically 

like helicopters and fly like an airplane 

during cruise flight. They can operate in 

different flight regimes utilizing features 

of helicopters or airplanes or both. The 

flight controls for such aircraft are also 

often unique to the individual aircraft 

design and can incorporate both 

traditional helicopter and airplane 

controls, or control systems that are 

dissimilar to either helicopters or 

airplanes. Likewise, the flight 

characteristics for powered-lift vary 

depending on the aircraft design and the 

different modes in which they operate. 


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8The FAA recently published a final rule 

amending the regulatory definitions of certain air 

carrier and commercial operations to enable 

powered-lift operations under part 135. See 88 FR 

48072 (July 26, 2023). 

9After an initial cadre of instructors have 

completed training at the OEM, the FAA proposed 

that operators use their instructors to train and test 

additional pilots according to their approved part 

135 training program. 

Currently, the FAA has several 

powered-lift in the type certification 

process. The powered-lift coming to the 

civilian market have varied greatly in 

design, flight, and handling 

characteristics with varying degrees of 

automation. 

While none of the powered-lift for 

which type certification is being sought 

have yet been approved for civilian use, 

the powered-lift industry has identified 

many potential uses for these aircraft. 

The FAA anticipates the introduction of 

aircraft that vary in size and passenger 

seating configuration and employ both 

new and traditional kinds of propulsion 

systems into the civilian market. 

Manufacturers and initial operators of 

powered-lift indicate operations with 

powered-lift could offer many benefits 

over rotorcraft. For example, some 

powered-lift may be capable of 

transporting heavier loads at higher 

altitudes and faster cruise speeds than 

rotorcraft. Such capability may increase 

efficiency in transporting crew and 

material to remote locations such as 

offshore oil rigs and add diversity when 

considering landing points that are 

currently available to helicopters and 

not airplanes. Certificate holders 

seeking to take advantage of these 

capabilities may also seek to use 

powered-lift for transporting passengers 

from point-to-point; for example, such 

transportation could occur from a 

heliport and proceed at airplane 

airspeeds and ranges. Other 

opportunities may also exist in 

concentrated urban environments, 

where short point-to-point distances 

coupled with VTOL capability may 

allow for more efficient transportation 

of passengers than existing ground 

transportation methods. 

B. Summary of the NPRM 

In the NPRM, the FAA proposed 

permanent changes to the Code of 

Federal Regulations and a temporary 

SFAR to facilitate the safe integration of 

powered-lift operations into the NAS. 

Under this comprehensive approach, 

the FAA proposed to incorporate 

changes to pilot certification rules, 

operating rules, air agency rules, as well 

as other conforming proposals to 

maintenance requirements, pilot records 

database requirements, and FSTD 

qualification requirements. This section 

provides a broad summary of the NPRM. 

Although the FAA did not propose 

any new type certification requirements 

or noise standards applicable to 

powered-lift, the FAA clarified that it 

would follow its existing aircraft 

certification process under § 21.17(b) to 

type certificate powered-lift. The FAA 

proposed a new process for an OEM to 

attain qualification of an FSTD in 

accordance with part 60. Because the 

existing deviation authority in part 60 

cannot be used to qualify an FSTD that 

represents a category of aircraft for 

which there is no standard under part 

60, the FAA proposed to mirror the 

aircraft certification process under 

§ 21.17(b) to similarly allow an 

applicant seeking to qualify a poweredlift FSTD to use a combination of 

requirements in appendices A through 

D to part 60 to form a basis to qualify 

an FSTD under that part. 

Part 61 sets forth the aeronautical 

experience requirements to attain a pilot 

certificate, as well as a flight instructor 

certificate, with powered-lift ratings. 

The FAA noted in the NPRM that the 

broader powered-lift category 

requirement, without an established 

class rating or type rating, would not 

adequately prepare a pilot to fly the 

specific powered-lift moving through 

FAA aircraft certification, thus 

potentially creating a safety gap. To 

address this concern, the FAA proposed 

to require pilots in command hold a 

type rating for the powered-lift they 

seek to fly. Most significantly, the FAA 

proposed alternate aeronautical 

experience and logging requirements 

from the existing powered-lift 

requirements in part 61. These alternate 

requirements would be applicable to 

certain pilot groups that the FAA 

deemed have the most relevant 

experience to establish a base of 

powered-lift pilots and instructors. As 

proposed, the experience and logging 

provisions would create an alternative 

pathway to powered-lift certification for 

(1) OEM instructor pilots and test pilots; 

(2) initial cadres of flight instructors 

from certificate holders under parts 135, 

141, and 142 receiving training at an 

OEM; and (3) pilots receiving training 

from the initial cadres of flight 

instructors under approved training 

programs under part 135, 141, or 142. 

Alternate aeronautical experience 

proposed by the FAA focused on giving 

allowances for flight training, including 

allowing the logging of PIC time when 

an applicant is the sole manipulator of 

the flight controls, and reduced 

distances to meet cross-country 

aeronautical experience. This 

experience, combined with meeting the 

alternate experience and logging 

provisions set forth in the FAA’s 

proposed SFAR, would result in pilots 

attaining the required experience 

necessary to hold a commercial pilot 

certificate. 

The FAA sought comment on existing 

requirements that dictate an aircraft 

used for flight instruction must have 

dual controls. The FAA outlined 

expectations regarding these rules as 

they are currently applicable to all 

aircraft (except manned free balloons) 

and, therefore, are applicable to 

powered-lift. The FAA also discussed 

how the dual control requirement 

would affect a pilot’s ability to act as 

PIC when the PIC has no access to flight 

controls (i.e., supervised operating 

experience). The FAA acknowledged 

that manufacturers were in the midst of 

developing single flight control 

powered-lift and sought comment from 

the public on facilitating flight training 

and supervised operating experience in 

those aircraft. 

In addition to the proposed revisions 

to part 61 and the temporary 

alternatives proposed in part 194, the 

FAA proposed changes to part 135, 

which does not currently stipulate 

which training requirements and 

experience requirements are applicable 

to powered-lift.8 Additionally, to further 

facilitate the certification of powered-lift 

pilots for the expected commercial 

operations, the NPRM proposed to allow 

part 135 operators to conduct training 

for their pilots seeking to obtain 

powered-lift category and type ratings 

for a commercial pilot certificate.9 The 

FAA also incorporated permanent and 

temporary amendments to pilot 

experience requirements, curriculum 

content, and part 135 instructor 

requirements to address the absence of 

powered-lift specific regulations in part 

135. Finally, the NPRM proposed 

changes to parts 141 and 142 to 

facilitate the training of powered-lift 

pilots in accordance with those parts as 

well as the amendments set forth in the 

SFAR. 

The FAA proposed in the SFAR 

which operating rules apply to 

powered-lift on a temporary basis under 

parts 91 (‘‘General Operating and Flight 

Rules’’), 135 (‘‘Operating Requirements: 

Commuter and On Demand 

Operations’’), and 136 (‘‘Commercial Air 

Tours’’). The FAA noted that this would 

enable the FAA to gather additional 

information and determine the most 

appropriate permanent rulemaking path 

for these aircraft. The FAA proposed the 

requirements that should be applicable 

to powered-lift based on its phase of 

operation, current requirements for 


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10The FAA notes that on February 26, 2024, the 

commenter announced the renaming of Helicopter 

Association International (HAI) to Vertical Aviation 

International (VAI). 

airplanes and helicopters, and safety 

intent of the current rule. 

Under parts 91 and 135, generally the 

FAA proposed applying the operating 

rules pertaining to airplanes; however, 

in some instances, the FAA proposed 

applying certain helicopter rules based 

on whether a powered-lift is anticipated 

to operate similar to a helicopter and 

subject to some performance-based 

standards. The FAA proposed 

exceptions, however, to account for the 

different modes of flight and applicable 

operational requirements. Under part 

91, the FAA proposed applying 

helicopter rules during some instances 

of vertical flight. Under part 135, the 

FAA proposed applying helicopter rules 

related to overwater equipment and 

briefing, specified IFR and VFR 

requirements, operations in icing 

conditions, airport requirements, and 

operations in remote areas. 

The FAA proposed to permanently 

amend part 111 (‘‘Pilot Records 

Database’’) to apply to operators and 

pilots of large powered-lift. Pilots of 

large powered-lift may go on to work for 

an air carrier in the future. Reporting 

these pilot records would be relevant to 

a future hiring air carrier. 

The FAA determined that part 43 

(‘‘Maintenance, Preventive 

Maintenance, Rebuilding, and 

Alteration’’) was applicable to poweredlift but proposed other amendments to 

clarify preventative maintenance 

requirements considering that poweredlift can operate outside of the airport 

environment. 

Part 97 (‘‘Standard Instrument 

Procedures’’) outlines the current 

requirements for standard instrument 

approach procedures, obstacle departure 

procedures, and weather minimums for 

IFR takeoffs and landings at U.S. civil 

airports. Copter procedures are also 

outlined in this part. The FAA proposed 

that, as with airplanes and helicopters, 

powered-lift could also utilize these 

standard procedures during IFR 

operations if the powered-lift was 

capable in accordance with its type 

certification. 

C. General Overview of Comments 

The FAA received 81 comments in 

response to the NPRM from a variety of 

commenters, including aircraft 

manufacturers and operators, aviation 

training companies, other aviation 

companies, trade associations, civil 

aviation authorities, and individuals. 

Powered-lift manufacturers and 

operators commenting on the NPRM 

included: AIR VEV; Archer Aviation 

(Archer); Augusta-Westland 

Philadelphia Corporation (AWPC), a 

subsidiary of Leonardo Helicopters ; 

BETA Technologies, Inc. (BETA); 

Bristow Group Inc. (Bristow); a joint 

comment from Eve Air Mobility and 

Embraer S.A. (Eve); Joby Aviation 

(Joby); Lilium GmbH (Lilium); Supernal 

LLC (Supernal); Vertical Aerospace 

Group LTD (Vertical Aerospace Group); 

Wisk Aero (Wisk); and XTI Aircraft 

Company (XTI). Other aviation 

companies commenting on the NPRM 

included: Airbus Helicopters, Alakai 

Technologies Corporation, ASR-Pioneer, 

CAE, Electra.aero, Ferrovial Vertiports, 

L3Harris Commercial Aviation 

Solutions—Advanced Air Mobility 

(L3Harris), Sabrewing Aircraft Company 

(SACO), and UPS Flight Forward (UPS 

FF). Trade association commenters 

included: Advanced Air Mobility 

Institute, Air Line Pilots Association 

International (ALPA), Aircraft Owners 

and Pilots Association (AOPA), Airlines 

for America (A4A), Association for 

Uncrewed Vehicle Systems 

International (AUVSI), FlightSafety 

International Inc., General Aviation 

Manufacturers Association (GAMA), 

Helicopter Association International 

(HAI),10 National Air Transportation 

Association (NATA), National Business 

Aviation Association (NBAA), and 

Vertical Flight Society (VFS). SAE 

International, a consensus standardssetting organization, commented on the 

NPRM. Civil aviation authorities, 

governmental agencies, and industry 

associations located outside the United 

States commenting on the NPRM 

included: ADS Group (ADS); European 

Aerospace, Security and Defence 

Industries (ASD); the European Union 

Aviation Safety Agency (EASA); and the 

National Civil Aviation Agency of Brazil 

(ANAC). 

While the FAA received only 81 

comments, each comment detailed a 

wide array of discrete issues and 

recommendations. Some commenters 

provided general, high-level comments 

on the NPRM. Archer applauded the 

FAA’s progress in its proposed 

powered-lift regulations, while Bristow 

said the proposed rules are a good start 

and will have a positive impact. An 

individual supported the proposed 

regulatory framework, which they said 

would enhance safety, efficiency, and 

innovation. Electra.aero stated the FAA 

should be proactive in powered-lift 

standards development to ‘‘help[] 

preclude unrealistic expectations of 

commercial market introduction of 

these technologies.’’ 

Overall, the majority of commenters 

expressed general support for the FAA’s 

approach to integrating powered-lift 

into the NAS through expeditious 

rulemaking. However, they also 

recommended a number of revisions to 

the FAA’s proposal that they believed 

would provide greater ability to quickly 

and safely integrate powered-lift into 

the NAS. The following provides a highlevel overview of key issues raised by 

commenters. Detailed discussions of 

comments received and FAA responses 

are found throughout this preamble. 

Alignment With ICAO Requirements for 

Powered-Lift Airman Certification 

Category 

The FAA received numerous 

comments on the proposal to retain the 

category requirement for powered-lift 

pilots. Commenters requested the FAA 

align its requirements with ICAO Annex 

1 recommendations by requiring only a 

powered-lift type rating on an existing 

commercial pilot certificate with an 

airplane category or helicopter class 

rating (i.e., no powered-lift category 

rating). 

Aircraft Dual Controls Requirement 

The FAA received many comments in 

response to the request for information 

on the existing requirement for dual 

controls to be installed on training 

aircraft and those used for supervised 

operating experience (SOE). 

Commenters requested: (1) no 

requirement for dual controls regardless 

of how the powered-lift will be used; (2) 

100 percent simulator training, which 

would relieve any requirement for dual 

controls/aircraft training; and (3) nontraditional methods to accomplish SOE. 

However, EASA’s comment supported a 

requirement for dual controls/access as 

currently required by §§ 61.195 and 

91.109. 

Other Pilot Certification Comments of 

Note 

Commenters broadly suggested 

aligning pilot certification requirements 

for powered-lift with those of 

helicopters. 

Amount of FSTD Time Allowed for a 

Powered-Lift Rating 

Commenters requested the use of a 

flight training device (FTD) instead of 

an FFS and requested to utilize the FTD 

to perform all 50 hours of PIC flight time 

required for a powered-lift category 

rating at the commercial pilot level. 

Several commenters expressed the need 

for FSTDs that are not Level C or higher 

FFS, stating the need for more avenues 

by which an equivalent level of training 

may be accomplished. Commenters 


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noted additional burdens of both time 

and resources to meet the proposed 

FSTD requirements. Other comments 

suggested using preexisting deviation 

authority mechanisms to achieve an 

equivalent level of safety. 

VFR and IFR Fuel Requirements 

The FAA received comments on parts 

91 and 135 VFR and IFR fuel 

requirements. Commenters requested 

different variations of two comment 

themes: (1) performance-based fuel 

reserves, and (2) use of fuel 

requirements specified for helicopters. 

Several commenters noted that 

powered-lift incorporating innovative 

power sources could offer greater 

operational capability if they were able 

to use energy reserves lower than those 

currently prescribed for airplanes or 

helicopters. They asserted that by 

enforcing the requirements proposed in 

the NPRM, the FAA would limit the 

capability and scope of operations. 

Other commenters suggested applying 

helicopter fuel requirements to 

powered-lift, asserting that powered-lift, 

like helicopters, have the 

maneuverability and operational 

flexibility to land in more varied 

locations. 

Visibility Requirements 

The FAA received comments on 

visibility requirements. Commenters 

requested to utilize the helicopter 

provisions existing in the regulations, as 

well as the adoption of a performancebased approach. Several commenters 

suggested applying helicopter weather 

minima rather than the airplane 

requirements. Several commenters also 

noted that technological advancements 

could enable powered-lift to safely 

operate in visibilities lower than 

currently prescribed for airplanes or 

helicopters. Furthermore, several 

commenters contended that since 

powered-lift could operate at speeds 

and maneuverability comparable to 

helicopters, they should be permitted to 

use the visibility requirements 

prescribed for helicopters or a 

performance-based visibility 

requirement. 

Minimum Safe Altitudes for Operations 

Conducted Under Parts 91 and 135 

The FAA received comments on parts 

91 and 135 minimum safe altitudes. 

Commenters requested: (1) the use of 

VFR minimum altitudes specified for 

helicopters (one variation proposed), 

and (2) performance-based minimum 

safe altitudes. Commenters suggested 

the FAA consider the operational 

capabilities of powered-lift, which are 

able to operate at low speeds and have 

the maneuverability similar to 

helicopters, and therefore apply the VFR 

minimum altitudes prescribed for 

helicopters. Commenters also suggested 

the FAA permit a performance-based 

approach when applying VFR minimum 

altitude requirements to powered-lift. 

SFAR Duration (10 Years) 

Commenters supported the temporary 

adaptability of the SFAR but stated that 

an approach with 2 to 3-year reviews 

within the 10-year period would ensure 

dynamic rather than static regulations. 

D. Differences Between the NPRM and 

the Final Rule 

The following table summarizes key 

changes from the NPRM made in this 

final rule. 

TABLE 2—SUMMARY OF KEY CHANGES FROM NPRM 

Proposed action in the NPRM Adopted by this Final Rule Regulatory citation 

(14 CFR) 

Additional discussion in section of 

preamble 

The NPRM did not propose to revise the definition of autorotation.This final rule adds powered-lift to 

the definition of autorotation.

§ 1.1 .............................................. XIV.D. 

The NPRM proposed to revise 

§ 61.64(a)(1) to specify the ratings that must be sought when 

using an FSTD representing an 

aircraft requiring a type rating.

This final rule does not adopt the 

proposed revision.

§ 61.64(a)(1) ................................. V.I.5. 

The NPRM proposed revising 

§ 91.113 as a temporary change 

under part 194 and grouped 

powered-lift in the same right-ofway category with airplanes and 

rotorcraft.

The final rule adopts the proposed § 91.113 temporary 

change as a permanent change.

§ 91.113(d)(2)–(4) ......................... VI.B.1. 

The NPRM proposed amending 

the note in § 135.100 to replace 

the word ‘‘airplane’’ with ‘‘aircraft’’.

The regulation now clarifies the 

definition of taxi to include 

VTOL aircraft and specifies the 

airspeed and height above 

ground level.

§ 135.100(d) .................................. VI.D.2. 

The NPRM did not address 

§ 135.165, which contains an incorrect cross-reference to part 

119.

The final rule corrects the crossreference in § 135.165(d) to reference part 110 rather than part 

119.

§ 135.165(d) .................................. VI.D.3. 

The NPRM did not propose revisions to § 135.339.This final rule revises certain 

training regulations for check 

airmen to account for flight 

training in powered-lift with a 

single set of controls.

§ 135.339(e)(3) and (4) ................. V.J.11. 

The NPRM did not propose revisions to § 135.340.This final rule revises certain 

training regulations for instructors to account for flight training 

in powered-lift with a single set 

of controls.

§ 135.340(e)(3) and (4) ................. V.G.1.iv. & V.J.11. 

The NPRM did not propose changing § 136.75(a) to reference 

‘‘single-engine’’ rotorcraft.

The final rule corrects § 136.75(a) 

by adding ‘‘single-engine’’ before ‘‘rotorcraft’’ as a permanent 

change.

§ 136.75(a) .................................... VI.E.5.ii. 


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TABLE 2—SUMMARY OF KEY CHANGES FROM NPRM—Continued 

Proposed action in the NPRM Adopted by this Final Rule Regulatory citation 

(14 CFR) 

Additional discussion in section of 

preamble 

The NPRM did not propose revisions to § 141.37.This final rule corrects the ratings 

that may be held on a ground 

instructor certificate.

§ 141.37(a)(3)(ii) ........................... V.F.2.ii., V.G.2., & V.I.5. 

The NPRM proposed to replace 

‘‘airplane’’ requiring a type rating 

with ‘‘aircraft’’ requiring a type 

rating, thereby including all powered-lift, in regard to certain instructor qualifications under part 

142.

This final rule applies the ATP 

aeronautical experience requirements to FSTD instructors 

in airplanes and helicopters requiring a type rating, poweredlift over 12,500 pounds, and turbojet powered powered-lift rather than all aircraft requiring a 

type rating.

§ 142.47(a)(5) ............................... V.F.2.ii. 

The NPRM did not propose any 

changes to the minimum aeronautical experience requirements in § 142.47(a)(5).

This final rule adds a qualification 

option of holding a commercial 

pilot certificate with the appropriate ratings or an unrestricted 

ATP with the appropriate ratings rather than meeting certain 

aeronautical experience requirements.

§ 142.47(a)(5)(ii) and (ii) ............... V.G.3. 

The NPRM did not include FAA 

test pilots or ASIs in the population of pilots able to utilize the 

alternate requirements set forth 

by part 194.

This final rule adds FAA test pilots 

and ASIs to the alternate requirements for test pilots, accounts for both groups of pilots 

as it pertains to instructor pilots, 

and adds definitions for both 

groups of pilots.

§§ 194.103, 194.203(a)(3), 

194.213(a)(1)(iii), 194.217, 

194.219(b)(1)(i), 

194.219(b)(3)(iii), 194.225, 

194.227(b)(1)(i).

V.F.2.i.d., V.F.2.ii., V.F.7., 

V.D.3.ii., V.F.2.i.a.–d., V.F.7., 

V.F.3.i.a.–c., & V.F.3.i. 

The NPRM did not account for 

persons receiving flight training 

in powered-lift type certificated 

for more than one pilot.

This final rule excepts applicants 

receiving flight training from 

§ 61.55(a)(1), (a)(2), and (b)(2) 

in order to serve as Second in 

Command (SIC) in a poweredlift type certificated for more 

than one required pilot flight 

crewmember.

§ 194.209(c) .................................. V.C. 

The NPRM did not propose any 

relief to § 61.129(e)(2)(i), which 

requires 50 hours of PIC time in 

a powered-lift.

This final rule reduces the amount 

of required PIC time in a powered-lift to 35 hours for pilots 

under the SFAR.

§ 194.216(a) .................................. V.F.2., V.F.2.iii.a., & V.G.3. 

The NPRM proposed to only permit pilots at approved training 

programs to credit a maximum 

of 15 hours in an FSTD toward 

the PIC flight time requirement 

of § 61.129(e)(2)(i).

This final rule permits any applicant under the SFAR to credit a 

maximum of 15 hours towards 

the 35-hour PIC flight time requirement of § 194.216(a).

§ 194.216(b) .................................. V.F.2. & V.F.2.iii.b. 

The NPRM proposed to permit 

certain pilots to log up to 40 

hours of PIC flight time as sole 

manipulator of the controls when 

the person is not rated.

This final rule reduces the number 

of hours that may be logged 

from 40 hours to 25 hours to 

account for the reduction in required PIC flight time in a powered-lift (see § 194.216(a)).

§§ 194.221(c), 194.223(c) ............. V.F.2.ii.b. 

The NPRM proposed to mirror a 

part 141 section prescribing certain ratings that may be held on 

a ground instructor certificate.

This final rule corrects the ratings 

that may be held on a ground 

instructor certificate, mirroring 

the correction to 

§ 141.37(a)(3)(ii).

§ 194.241(b) .................................. V.I.5. 

The NPRM did not contemplate retraining requirements for unsatisfactory performance on part 135 

checks in lieu of a practical test.

This final rule adopts training and 

endorsement requirements mirroring § 61.49 for certain unsatisfactory part 135 checks under 

the SFAR.

§ 194.243(b)(4) ............................. V.G.1.v. 

The NPRM referenced the Aircraft 

Flight Manual as determining 

when two pilots are required.

This final rule corrects the reference to the type certificate as 

dictating when two pilots are required.

§ 194.247(b) .................................. V.J.3. 


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TABLE 2—SUMMARY OF KEY CHANGES FROM NPRM—Continued 

Proposed action in the NPRM Adopted by this Final Rule Regulatory citation 

(14 CFR) 

Additional discussion in section of 

preamble 

The NPRM proposed to require a 

certificate holder conducting 

commuter operations with powered-lift in which two pilots are 

required to comply with subpart 

Y to part 121.

This final rule specifies 

§§ 121.903(c) and 121.921(a) in 

subpart Y will apply to powered-lift, notwithstanding use of 

the term ‘‘airplane’’ in the regulations.

§ 194.247(b)(1) ............................. V.J.3. 

The NPRM did not propose any 

relief to the requirement that a 

powered-lift must have dual controls for flight training.

This final rule adopts three options for flight training in powered-lift with a single set of controls.§ 194.253, Appendix A to part 194 V.D.3.ii. & V.D.3.iii. 

The NPRM proposed not allowing 

powered-lift to use the helicopter/rotorcraft criteria stipulated in the following part 91 

sections: § 91.119 (minimum 

safe altitudes), § 91.151 (VFR 

fuel requirements), §§ 91.155 

and 91.157 (VFR weather minimums), § 91.167 (IFR fuel requirements), § 91.169 (IFR flight 

plan), and § 91.175 (IFR takeoff 

and landing).

The final rule allows some powered-lift to use the helicopter/ 

rotorcraft provisions as long as 

they meet the performancebased criteria outlined in part 

194.

• § 194.302(d) (pertaining to 

§ 91.119).

VI.B.1., VI.B.2., VI.B.4., & VI.B.5. 

• § 194.302(l) (pertaining to 

§ 91.151).

• § 194.302(m) and (n) (pertaining to § 91.155).

• § 194.302(p) (pertaining to 

§ 91.157).

• § 194.302(q) (pertaining to 

§ 91.167).

• § 194.302(r) (pertaining to 

§ 91.169).

• § 194.302(s) (pertaining to 

§ 91.175).

The NPRM proposed not allowing 

powered-lift to use the helicopter/rotorcraft criteria stipulated in the following part 135 

sections: 

§ 135.93 (Autopilot minimum altitudes), 135.203 (VFR minimum 

altitudes), 135.205 (VFR visibility 

requirements), 135.209 (VFR 

fuel supply), 135.221 (IFR alternate airport weather minimums), 

135.223 (IFR alternate airport 

requirements), 135.609 (VFR 

visibility requirements for Class 

G airspace), 135.613 (approach/ 

departure IFR transitions), and 

135.615 (VFR flight planning).

The final rule allows some powered-lift to use the helicopter/ 

rotorcraft provisions as long as 

they meet the performancebased criteria outlined in part 

194.

• § 194.306(c) (pertaining to 

§ 135.93).

VI.D.2., VI.D.4., & VI.D.8. 

• § 194.306(nn) (pertaining to 

§ 135.203).

• § 194.306(pp) (pertaining to 

135.205).

• § 194.306(ss) (pertaining to 

§ 135.209).

.

• § 194.306(tt) (pertaining to 

§ 135.221).

• § 194.306(uu) (pertaining to 

§ 135.223).

• § 194.306(qqq) (pertaining to 

§ 135.609).

• § 194.306(sss) and (ttt) (pertaining to § 135.613).

• § 194.306(uuu) (pertaining to 

§ 135.615).


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11E.g., see: Airworthiness Criteria: Special Class 

Airworthiness Criteria for the Joby Aero, Inc. Model 

JAS4–1 Powered-Lift, 87 FR 67399 (Nov. 8, 2022); 

89 FR 17230 (March 8, 2024). Alternatively, the 

FAA may designate acceptable airworthiness 

criteria as the certification basis for powered-lift by 

publishing a future advisory circular (AC), as the 

agency has done for airships (AC 21.17–1A, Type 

Certification—Airships, dated Sept. 25, 1992), 

gliders (AC 21.17–2A, Type Certification—Fixed 

Wing Gliders (Sailplanes), Including Powered 

Gliders, dated Feb. 10. 1993), and very light 

airplanes (AC 21.17–3, Type Certification of Very 

Light Airplanes Under FAR 21.17(b), dated Dec. 21, 

1992). 

TABLE 2—SUMMARY OF KEY CHANGES FROM NPRM—Continued 

Proposed action in the NPRM Adopted by this Final Rule Regulatory citation 

(14 CFR) 

Additional discussion in section of 

preamble 

The NPRM proposed applying the 

requirements of § 135.158 (pitot 

heat indication systems) to powered-lift.

The final rule applies § 135.158 to 

powered-lift but allows the indication light to be other than an 

amber light.

§ 194.306(t) ................................... VI.D.3. 

The NPRM did not address powered-lift that experience a ‘‘critical change of thrust.’’ The final rule revises some language in part 194, pertaining to 

parts 135 and 136, to reference 

powered-lift that experience a 

‘‘critical change of thrust’’ and 

adopts a definition for this term.

• § 194.306(z) (pertaining to 

§ 135.168).

VI.D.3., VI.E.2., VI.E.3., & VI.E.5.i. 

• § 194.306(ii) and (jj) (pertaining 

to § 135.181).

• § 194.306(kk) (pertaining to 

§ 135.183).

• § 194.308(d)(1) (pertaining to 

§ 136.9).

• § 194.308(d)(2)(ii) (pertaining to 

§ 136.11(a)(2)).

• § 194.308(d)(6) (pertaining to 

§ 136.75(c)).

The NPRM did not clarify the instrument and ATP certificate requirements under § 135.603.The final rule outlines the instrument and ATP certificate requirements for powered-lift conducting air ambulance operations.§ 194.306(nnn) (pertaining to 

§ 135.603).

VI.D.8. 

The NPRM did not apply the flotation requirements under § 136.11 

to single-engine powered-lift and 

applied the requirements only to 

powered-lift operating in verticallift flight mode while conducting 

operations beyond the auto-rotational or gliding distance from 

the shoreline.

The final rule applies 

§ 136.11(a)(1) to single-engine 

powered-lift. It also applies 

§ 136.11 to powered-lift operating in both vertical-lift and 

wing-borne flight modes. Finally, the final rule removes the 

redundant and unnecessary 

language pertaining to auto-rotational and gliding distances.

§ 194.308(d)(2) (pertaining to 

§ 136.11).

VI.E.3. 

IV. Powered-Lift Type Certification and 

FSTD Qualification 

A. Type Certification 

In the NPRM, the FAA did not 

propose any new requirements for the 

type certification of powered-lift. The 

FAA determined it will use its existing 

regulatory process to type certificate 

powered-lift as a special class under 

§ 21.17(b). 

The FAA uses a tiered safety 

approach for minimum certification 

standards, with different levels for 

airplanes and rotorcraft. For certain 

unique aircraft for which the FAA has 

not established airworthiness standards 

in its regulations (e.g., gliders, airships, 

powered-lift), the FAA uses the special 

class aircraft process. For powered-lift, 

the FAA will designate airworthiness 

requirements and other criteria that 

match the safety levels of existing 

standards by considering factors like 

aircraft size, seating, and performance. 

The FAA will publish the proposed 

airworthiness criteria, along with an 

explanation of its equivalency 

determination, in the Federal Register 

for public notice and comment for each 

powered-lift project.11

In some cases, specific airworthiness 

requirements for issuance of type 

certificates might not fulfill the 

requirements of operational rules. 

Applicants seeking powered-lift type 

design approval should identify areas 

needing additional approvals to meet 

anticipated operational needs. 

Operational rules often reference 

airworthiness standards in part 23, 25, 

27, or 29, but adaptations might be 

necessary for unique designs. 

In the NPRM, the FAA proposed that 

powered-lift weighing more than 12,500 

pounds would be required to meet 

certain operating regulations that 

currently apply to large transport 

category airplanes. The FAA also stated 

that this specific weight point would be 

an appropriate weight at which to apply 

certain transport category certification 

standards when type certificating 

powered-lift under § 21.17(b). The FAA 

further requested comments on whether 

the public believes there is a more 

appropriate weight at which to apply 

transport category regulations to 

powered-lift. 

Two commenters generally supported 

the FAA’s proposed approach for type 

certification. HAI commented that older 

powered-lift designs are significantly 

different from those proposed by recent 

applicants and supported the FAA’s 

intended use of § 21.17(b) for the type 

certification of unique and novel 

designs. The commenter also 

recommended collecting information 

during the certification process of novel 

AAM aircraft before requiring type 

ratings for each make and model. SAE 

International generally supported the 

FAA’s intended use of performancebased regulations for powered-lift type 

certification airworthiness criteria. 


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12 ‘‘Special class rotorcraft’’ are rotorcraft, as 

defined in § 1.1, that meet three or more of the 

following criteria: (1) for its support in flight, the 

rotorcraft depends principally on the lift generated 

by three or more rotors and creates directional 

control by varying the power at each rotor; (2) the 

rotorcraft utilizes electric or hybrid-electric 

propulsion; (3) the rotorcraft’s design includes an 

advanced flight control system (e.g., a fly-by-wire 

flight control system) that uses electronically 

operated controls such that the pilot has no direct 

mechanical link to the control surfaces or 

swashplate; and (4) the rotorcraft is not capable of 

traditional autorotation, but instead provides an 

alternate method of safe landing following loss of 

engine power. See definition of rotorcraft in 1.1 and 

FAA Policy Statement PS–AIR 21.17–02. 

An individual commenter highlighted 

specific concerns regarding powered-lift 

type certification and recommended 

that the FAA consider the unique 

aspects of each design when developing 

the type certification requirements. The 

commenter highlighted the need to 

consider all the various flight-mode 

unique aspects and that the regulations 

should focus on control law 

development instead of prescribing 

specific regulations based on specific 

design configurations. The commenter 

also identified technical areas that the 

FAA should consider when developing 

powered-lift airworthiness criteria. The 

FAA agrees that the novel aspects of 

powered-lift require an alternate 

approach to existing prescriptive 

airworthiness standards for airplanes 

and rotorcraft, which is why the FAA 

expects to largely employ performancebased airworthiness criteria. The FAA 

also agrees that the novel features 

identified by the commenter require 

evaluation during powered-lift type 

certification; however, this is beyond 

the scope of this SFAR and will instead 

be covered in each powered-lift 

airworthiness criteria publication. 

An individual commenter requested 

clarification as to how the FAA would 

determine which airworthiness 

standards would be appropriate for use 

in the type certification of powered-lift 

and what criteria would be used to 

make this decision. 

As described in the NPRM, when 

conducting the evaluation for 

determining an equivalent level of 

safety to existing standards, the FAA 

will consider the powered-lift’s specific 

type design features (aircraft’s size, 

passenger seating configuration, 

performance, etc.) and evaluate them 

against the applicable airworthiness 

requirements contained in parts 23, 25, 

27, 29, 33, and 35. In addition, certain 

transport category (i.e., 14 CFR parts 25 

and 29) certification standards will be 

appropriate for powered-lift weighing 

more than 12,500 pounds. 

EASA noted discrepancies in the type 

certification section of the NPRM. EASA 

stated that while the NPRM stated that 

no changes to type certification 

requirements were proposed, the FAA 

has separately published airworthiness 

criteria for two companies that propose 

changes to part 23 requirements and 

establish new requirements. 

To clarify the FAA’s statement in the 

NPRM regarding no new/changed type 

certification requirements, the FAA 

noted that the existing regulatory 

structure in 14 CFR part 21 already 

provides the means by which poweredlift can receive a type certificate. 

Specifically, § 21.17(b) provides for the 

ability to type certificate powered-lift as 

a special class aircraft. As stated in the 

NPRM, under § 21.17(b), the FAA 

designates the applicable airworthiness 

requirements, which may include 

requirements from the existing 

airworthiness standards applicable to 

normal category and transport category 

airplanes, normal category and transport 

category rotorcraft, aircraft engines and 

propellers (parts 23, 25, 27, 29, 33, and 

35), and it may also include unique 

airworthiness criteria developed 

specifically for the individual product. 

Alakai Technologies Corporation 

stated the proposed entrants into the 

AAM industry include ‘‘special class 

rotorcraft’’ 12 and powered-lift, both of 

which would be type certificated under 

§ 21.17(b). However, the commenter 

noted the proposed rule provides a 

framework for airman certification and 

operation only for powered-lift, and not 

for special class rotorcraft. The 

commenter contended that without 

providing a framework for airman 

certification and operation for special 

class rotorcraft, special class rotorcraft 

will be prohibited from operating in the 

NAS, thereby limiting the market to 

powered-lift special class aircraft AAM 

technology. 

The commenter referred to a 

developing policy the FAA has not yet 

finalized that would designate certain 

rotorcraft as ‘‘special class rotorcraft.’’ 

Although special class rotorcraft would 

be type certificated under the special 

class process in § 21.17(b), they still 

meet the regulatory definition of a 

rotorcraft in § 1.1. As such, special class 

rotorcraft would fall under the operating 

and airmen rules for rotorcraft 

(helicopter) in parts 61, 91, 135, etc. and 

would not need the same 

accommodations that were necessary for 

powered-lift. The FAA determined that 

the inclusion of special class rotorcraft 

in this SFAR was not needed for 

enabling those aircraft and that 

including special class rotorcraft is 

beyond the scope of this rulemaking to 

enable powered-lift. 

EASA asked how the FAA would 

consider operational alleviations for 

these type-certificated aircraft in the 

context of AAM. The FAA reviewed the 

SFAR language to determine where 

operational alleviations could be 

provided for powered-lift that meet 

certain performance criteria and made 

changes to the minimum safe altitude, 

visibility, and fuel reserves 

requirements. These accommodations 

are addressed within the respective 

sections of this preamble for each rule 

as applicable for powered-lift. 

Vertical Aerospace Group commented 

that powered-lift should be built to the 

highest safety standards and that the 

combination of complex aircraft systems 

and complex commercial operating 

environment require a design safety 

target of 10¥9 and Design Assurance 

Level (DAL) A for systems, software, 

and complex hardware, with respect to 

failure conditions classified as 

catastrophic. Additionally, the 

commenter requested the FAA provide 

details on what transport category 

airworthiness criteria would be used for 

powered-lift, including 

crashworthiness, gust loads, wind 

speeds, and performance criteria. 

Currently, airplanes and rotorcraft 

type certificated in the normal category 

are permitted to perform commercial 

operations transporting passengers 

without meeting the more stringent 

transport category design requirements. 

As stated in the NPRM, for powered-lift, 

which are type certificated under 

§ 21.17(b), the safety targets for each 

product are based on meeting an 

equivalent level of safety to the existing 

airworthiness standards. Rather than 

establishing a rigid ‘‘one size fits all’’ 

safety target or DAL for all powered-lift, 

which will be used in varied types of 

operations, the FAA separately 

considers each aircraft’s unique design 

characteristics to ensure the selected 

airworthiness criteria are appropriate to 

the design, intended operations, and 

safety. The FAA will publish the 

proposed airworthiness criteria for each 

powered-lift, including an explanation 

of its equivalency determination, in the 

Federal Register for public notice and 

comment before issuing final 

airworthiness criteria. 

ALPA responded to the FAA’s request 

for comments on applying transport 

category regulations to large poweredlift, those weighing more than 12,500 

pounds. ALPA disagreed with the 

FAA’s proposal to use 12,500 pounds as 

the weight threshold for large poweredlift because ALPA asserted this cutoff is 

arbitrarily based on historical aircraft 

safety records that are not relevant to 

new aircraft being proposed in the 


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13The NPRM included a typographical error that 

identified the normal category weight limits for 

rotorcraft and airplanes as 7,500 lbs. and 19,500 

lbs., respectively. The correct weight limits for 

those airworthiness standards are 7,000 lbs. and 

19,000 lbs., respectively. 

14See Airworthiness Criteria: Special Class 

Airworthiness Criteria for the Joby Aero, Inc. Model 

JAS4–1 Powered-Lift, 87 FR 67399 (Nov. 8, 2022); 

Airworthiness Criteria: Special Class Airworthiness 

Criteria for the Archer Aviation Inc. Model M001 

Powered-Lift, 87 FR 77749 (Dec. 20, 2022); 

Airworthiness Criteria: Special Class Airworthiness 

Criteria for the AgustaWestland Philadelphia 

Corporation Model AW609 Powered-Lift, 88 FR 

37805 (June 9, 2023). 

15Appendix K to part 36 outlines noise 

requirements for tiltrotors utilized by a poweredlift. The FAA notes that these would be applicable 

to powered-lift if it is determined during the aircraft 

certification process. 

16U.S. Government Accountability Office, GAO– 

22–105020, Transforming Aviation: Stakeholders 

Identified Issues to Address for ‘‘Advanced Air 

Mobility’’, published, May 9, 2022. Publicly 

released, May 9, 2022. 

17See 14 CFR 1.1. 

powered-lift industry. ALPA 

recommended that 7,500 pounds would 

be more appropriate for first-generation 

powered-lift, noting that this would 

allow the FAA to apply more 

appropriate sections of existing parts 

135 and 136 to the majority of the firstgeneration powered-lift. 

The FAA disagrees with the ALPA 

recommendation that 7,500 pounds 

should be used instead of 12,500 

pounds as the weight at which transport 

category airworthiness standards would 

be appropriate. The FAA has 

determined that 12,500 pounds provides 

the appropriate level of safety and 

places the weight threshold between the 

weight limits for transport category 

airplanes and transport category 

rotorcraft.13 Imposing part 25/29 

airworthiness requirements on poweredlift weighing 12,500 pounds or less 

would decrease the useful payload of 

the powered-lift and increase the cost of 

type certification. 

XTI said that, in addition to wingborne flight and vertical lift, some 

powered-lift will also operate in an 

intermediate configuration utilizing 

vectored thrust and wing-borne flight 

during takeoff and landing. This short 

takeoff and landing (STOL) mode, the 

commenter said, provides significant 

performance benefits and improves 

ranges. XTI requested clarification 

whether required runway distances 

would be calculated differently for 

powered-lift operating in STOL mode 

than the required distances for fully 

wing-borne flight. 

The method by which the required 

runway distance is calculated would be 

the same for powered-lift and 

conventional takeoff and landing 

aircraft; however, the distance for 

powered-lift would be shorter. The 

specific configuration for takeoff and 

landing would need to be defined in the 

flight manual along with the respective 

takeoff and landing performance for 

those configurations. However, the 

particular details in calculating runway 

distances for a certain powered-lift are 

beyond the scope of this SFAR. 

A helicopter pilot recommended that 

the FAA review its bird strike 

certification procedures when 

certificating powered-lift. The 

commenter cited concerns that 

powered-lift will be more prone to bird 

strikes than helicopters given they 

operate at lower altitudes and 

environments prone to more bird 

activity, generate less noise and rotor 

downwash that would normally keep 

birds away, and may travel at faster 

speeds. The commenter suggested 

powered-lift test pilots should use their 

experience to recommend methods of 

bird strike avoidance through training, 

emergency procedures, and system 

designs like detect-and-avoid systems. 

The commenter’s recommendations 

are beyond the scope of this SFAR. 

However, the agency notes that, to date, 

the FAA has included bird strike 

protection requirements in the proposed 

airworthiness criteria for the first three 

powered-lift applicants the agency has 

published for notice and comment 

under § 21.17(b).14

The remaining comments on type 

certification requested clarification on 

language used in the NPRM preamble or 

specific information on the type 

certification process or specific safety 

objectives required during type 

certification. These comments are 

beyond the scope of this rulemaking. As 

stated previously, the specific 

airworthiness criteria for each poweredlift project will be published in the 

Federal Register for public notice and 

comment. 

B. Noise Certification 

The FAA did not propose any new 

requirements for the noise certification 

of powered-lift. The FAA is mandated to 

establish noise standards and 

regulations that ensure public safety 

regarding aircraft noise. Recent 

advancements in electric motors and 

control systems have led manufacturers 

to develop novel aircraft that differ 

significantly from conventional ones 

covered by existing noise certification 

standards. The FAA will examine each 

application and determine whether the 

existing part 36 requirements are 

appropriate as a noise certification 

basis, as it does for all noise certification 

applicants. If the FAA determines that 

the part 36 rules are not sufficient for a 

particular powered-lift, the FAA may 

create rules of particular applicability 

for that powered-lift. Due to potentially 

diverse designs of these aircraft and 

limited data on their noise signatures, 

the FAA has not yet established broad 

noise standards for all powered-lift. 

However, powered-lift that are tilt-rotors 

are currently subject to the noise 

regulations of appendix K of part 36. 

If a manufacturer seeks certification 

for a powered-lift which could not be 

certificated using appendix K of part 36, 

the FAA would propose amending the 

SFAR to include operating noise limits 

in subpart I of part 91, which would be 

applicable to that powered-lift.15

HAI said that the certification process 

could reveal that AAM vehicles emit 

less noise than traditional aircraft, 

referencing the GAO report cited in the 

NPRM.16 HAI said that current 

standards may need adjustment but that 

the certification process should reveal 

any requirements and inform future 

rulemaking in this area. The FAA 

contemplated the need for future 

rulemaking in the NPRM. Rather than 

use the existing requirements for small 

propeller airplanes, jet transport 

airplanes, helicopters, or tiltrotors in 

part 36, such diverse conceptual designs 

and new aircraft types may require 

tailored noise certification 

requirements. As stated in the NPRM, 

the FAA will examine each application 

and determine whether existing part 36 

requirements are appropriate as a noise 

certification basis, as it does for all noise 

certification applicants. If the current 

regulations cannot be applied 

appropriately, the FAA may promulgate 

a rule of particular applicability to 

establish a noise certification basis for 

these new aircraft designs. The noise 

sources from these aircraft have been 

shown to be complex, and the FAA does 

not yet have sufficient data on the 

aircraft types and noise signatures 

expected from these new entrants. 

Accordingly, until sufficient data are 

collected, the FAA would not be able to 

promulgate standards of general 

applicability for these aircraft. 

C. Qualification of Powered-Lift Flight 

Simulation Training Devices (FSTDs) 

Part 60 prescribes the rules governing 

the initial and continuing qualification 

of all aircraft FSTDs, which includes 

full flight simulators (FFS) and flight 

training devices (FTDs) 17 used to meet 

the training, evaluation, or flight 

experience requirements for flightcrew 

member certification or qualification. In 

accordance with § 60.15, the FAA 

qualifies each FSTD at a specific level 


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if that FSTD meets the applicable 

Qualification Performance Standards 

(QPS). The QPS are published in the 

following appendices to part 60: 

appendix A for airplane FFSs, appendix 

B for airplane FTDs, appendix C for 

helicopter FFSs, appendix D for 

helicopter FTDs, appendix E for the 

quality management system for all 

FSTDs, and appendix F for definitions 

and abbreviations applicable to part 60. 

While appendices E and F will apply to 

powered-lift FSTDs, as discussed in the 

NPRM, part 60 does not set forth a 

powered-lift QPS similar to what exists 

for airplanes and helicopters. As 

discussed later in this section, the FAA 

maintains that creation and adoption of 

a new appendix as a permanent fixture 

in part 60 is premature given the wide 

variation of powered-lift and rapid pace 

of development. Additionally, as 

discussed in this preamble, one intent of 

the SFAR is to equip the FAA with 

operational data to implement future 

permanent regulations, to include that 

data necessary to develop a powered-lift 

QPS in the future. 

In general, FSTDs qualified under part 

60 are typically used to replace an 

aircraft for required air carrier or pilot 

certification training and proficiency 

checking. Because FSTDs are used for 

applications such as air carrier training 

and type rating training, detailed 

validation requirements are defined in 

the part 60 QPS to ensure that the FSTD 

performs equivalently to a specific 

make, model, and series of aircraft. 

Depending upon the qualification level 

of the FSTD, it may completely replace 

an aircraft for all training and 

proficiency checking events. As 

mentioned by one commenter who 

recommended caution on the use of 

simulators to replace an aircraft due to 

the ability to replicate complex 

aerodynamic environments, the FAA 

notes that rigorous objective validation 

requirements are applied to ensure the 

FSTDs perform equivalently to the 

aircraft in similar training and 

proficiency checking events. These 

validation requirements cover a wide 

range of training tasks, including 

takeoff, landing, hovering/low speed 

operations, and various other flight 

maneuvers that are required for pilot 

training and qualification. As described 

in the NPRM, the qualification of 

powered-lift FSTDs would be validated 

similarly in an objective manner to 

ensure the FSTD performs equivalently 

to the aircraft in required training and 

checking events. 

Therefore, the FAA proposed the 

addition of new requirements in 

§ 194.105 of the SFAR to enable the 

qualification of powered-lift FSTDs. The 

FAA contended that § 194.105 would 

function to add flexibility to part 60 in 

proposed § 194.105 to permit 

qualification of FSTDs of powered-lift 

using components of existing standards 

for airplanes and helicopters in 

appendices A through D to part 60, 

where applicable and as determined by 

the FAA, that would provide an 

equivalent level of safety to existing 

QPS components. As written in the 

NPRM, the proposal was intended to 

follow the established process in 

§ 21.17(b) for the certification of special 

classes of aircraft. This addition 

facilitates the FSTD qualification 

process by enabling FSTD sponsors to 

propose FSTD qualification standards 

where the current standards do not 

apply to new and novel aircraft designs. 

Particularly with objective validation 

testing, the ability to propose alternate 

testing methods is necessary to fully 

evaluate the FSTD’s capability to 

provide pilot training for powered-lift. 

The FAA received several comments 

on the proposed FSTD qualification 

process, to which it responds in the 

subsequent sections, and FAA adopts 

the rule text as proposed. 

1. Publication of Proposed FSTD 

Standards 

Several commenters noted the 

urgency to enable a means to ensure 

safety and efficiency of FSTDs. 

Specifically, several commenters 

disagreed with publication of the 

proposed powered-lift standards to the 

Federal Register for notice and 

comment. The primary concern was that 

adding a notice and comment process 

would introduce an unnecessary delay 

in approving such standards and 

qualifying FSTDs. Commenters 

suggested alternatives such as: 

expediting an independent SFAR 

consisting only of a powered-lift QPS 

for part 60; creating an alternate means 

of compliance for interim certification; 

allowing FAA principal operations 

inspectors (POIs) to approve FSTDs for 

use within the training organization 

they oversee; developing an expert 

panel with approving authority who 

would conduct a technical review; and 

providing notice and an opportunity to 

comment only for the first QPS, then 

utilizing it as a baseline for future QPSs 

absent Federal Register publication. 

As discussed in the NPRM, the 

requirements proposed in § 194.105 will 

follow similar processes that are used to 

certify special classes of aircraft. The 

FAA understands commenters’ concerns 

regarding the potential for delays; FAA 

is not required to, and does not plan to, 

adhere to all of the requirements for 

issuing generally applicable rules. The 

notice and comment process for a 

project of this nature, a rule of particular 

applicability, does not necessitate a full 

regulatory impact analysis or going 

through the same level of review as a 

rule of general applicability. Rather, the 

FAA anticipates working closely and 

directly with the FSTD sponsor and 

manufacturer to develop the QPS, after 

which the FAA would announce the 

availability of, and request comment on, 

the proposed QPS. FAA would solicit 

comment for a shorter timeframe than it 

typically does for a generally applicable 

rule, consistent with the time required 

to complete the comment consideration 

and adjudication process for the 

certification of special classes of aircraft. 

Additionally, the FAA does not intend 

to publish every proposed QPS for those 

FSTDs/QPS that have already been 

published. In other words, the FAA 

intends to leverage precedent for 

similarly situated FSTDs. For example, 

if Sponsor A qualified FSTD A under 

§ 194.105 (after notice, comment, and 

comment adjudication), and FSTD A 

was identical to FSTD B that Sponsor B 

wished to qualify, the FAA would apply 

FSTD A’s QPS without public notice 

and comment, but after providing 

Sponsor B notice of the QPS and an 

opportunity to comment. 

To effectuate this process, while also 

recognizing there are instances (like the 

previously described scenario) where 

the FAA will find it unnecessary to 

provide public notice and seek 

comment, the FAA adopts a new 

paragraph in § 194.105. Specifically, 

§ 194.105 as it was proposed will be 

designated as paragraph (a), and new 

paragraph (b) will set forth the FAA’s 

intent to publish proposed QPSs in the 

Federal Register for comment. 

Additionally, paragraphs (b)(1) and (2) 

will acknowledge that the FAA may 

find public notice and comment to be 

unnecessary in certain circumstances. 

The FAA finds this regulatory approach 

will address commenters concerns with 

timeliness in publication where 

extenuating circumstances exist and 

when similar simulators seek to enter 

into service. 

The FAA anticipates that much of the 

existing FSTD standards in appendix A 

through appendix D to part 60 are 

applicable to powered-lift FSTDs with 

minor changes, including current 

general requirements, functions and 

subjective requirements, and certain 

cueing requirements for airplane and 

helicopter FSTDs. Additionally, 

portions of existing validation testing 

requirements may potentially be applied 

to powered-lift with adjustments of 

testing maneuvers, modification of 

applicable parameters, and the addition 


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

19 Flight Simulation Training Device 

Qualification Standards for Extended Envelope and 

Adverse Weather Event Training Tasks final rule, 81 

FR 18178 (Mar. 30, 2016); corrected at 81 FR 32016 

(May 20, 2016). 

20 § 60.15(c)(5)(ii). 

21Manual of Criteria for the Qualification of 

Flight Simulation Training Devices—Volume I— 

Aeroplanes (9625–1). 

of testing conditions to cover unique 

aircraft characteristics and associated 

training requirements. The FAA already 

maintains a framework for adjudication 

of special class airworthiness comments 

and intends to leverage that existing 

framework in the adjudication of 

comments after QPS notice. 

While the FAA acknowledges that the 

notice and comment process may 

introduce some administrative burden 

and time delays, the transparent process 

and public participation benefits both 

the industry and the FAA. First, as 

previously mentioned, the FAA intends 

to use the SFAR to inform a permanent 

rulemaking to part 60 (i.e., likely the 

addition of appendices to part 60 for 

powered-lift FFS and FTD QPSs). By 

treating QPSs under the same 

framework as special classes of aircraft, 

the FAA foresees the accumulation of 

requisite information to propose the 

most appropriate permanent 

amendment to part 60. This information 

may stem from industry, sponsors, FAA 

inspectors and subject matter experts, 

and the general public; public notice 

provides an efficient and familiar 

platform for such input. The FAA 

recognizes that public commenters may 

have limited technical and proprietary 

information on the design of these new 

and novel aircraft designs but maintains 

the benefit of improving efficiency over 

time for new aircraft entry into the NAS. 

Additionally, the nature of public 

notice, adjudication of comments, and 

issuance of final QPS will establish 

precedent whereby interested 

stakeholders will be able to view past 

approved proposals and base future 

proposals upon them. Rather than 

addressing multiple individual 

proposals in a non-transparent manner 

through a deviation process, the FAA 

anticipates that the public notice and 

comment process could have a 

converging effect on the powered-lift 

FSTD standards over time. 

The FAA considered the various 

alternatives suggested by commenters. 

First, the creation of fixed QPS 

standards to part 60 through a 

permanent generally applicable 

rulemaking or through an expedited 

SFAR is premature given the lack of any 

certificated powered-lift and 

presentation of any powered-lift FSTD 

to the FAA. Primarily, the FAA lacks 

requisite information to develop a 

universal FSTD QPS applicable to the 

array of unique configurations of 

powered-lift. The SFAR approach 

facilitates a flexible and transparent 

process tailored to the specific poweredlift FSTD. The information and 

expertise accumulated during the 

pendency of the SFAR will position the 

FAA and its industry counterparts in a 

more conducive position to future 

permanent regulations. Furthermore, 

under the SFAR public comment 

process, feedback from the wellestablished airplane and helicopter 

simulation and training industry and 

other interested parties can be leveraged 

in proposed powered-lift FSTD 

standards to incorporate past lessons 

learned in utilizing simulation to 

improve simulator fidelity, pilot 

training, and, ultimately, aviation safety. 

Next, while POIs already approve the 

use of FSTDs for training,18 their 

responsibilities do not extend to the 

base qualification of the simulator. 

Rather, the Training and Simulation 

Group within the FAA’s Office of Safety 

Standards is the office of primary 

responsibility for FSTD qualification 

and certification. The FAA Training and 

Simulation Group is comprised of 

aeronautical engineers, aviation safety 

inspectors, and analysts who specialize 

in the highly technical qualification 

activities for FSTDs. This existing 

branch and process resembles one 

commenter’s suggestion to convene an 

expert panel with approving authority. 

Conversely, POIs and training center 

program managers (TCPM) maintain 

expertise in ensuring certificate holders 

apply appropriate regulations, policies, 

and procedures pertaining to use of the 

FSTD for training rather than the 

evaluation, approval, and oversight of 

QPS specifications. Where the Training 

and Simulation Group qualifies and 

assigns a specific level of qualification 

to the FSTD, the POI approves the FSTD 

for use by a certificate holder for a 

specific maneuver, procedure, or 

crewmember function. Due to the 

differing functions, training, and 

experience of the persons performing 

these separate job responsibilities, the 

FAA declines to expand POI 

responsibilities to include FSTD 

qualification as they do not have the 

specialized expertise required for such a 

duty. 

The FAA comprehensively addresses 

alternate means of compliance and 

interim certification in subsequent 

sections. 

2. Use of Deviation Authority 

Several commenters stated that the 

FAA could incorporate powered-lift into 

part 60 through the already-existing 

mechanism of deviation authority set 

forth in § 60.15(c)(5). These commenters 

explained that the FAA erroneously 

excluded deviation authority as an 

option, indicating that § 60.1 gives the 

Administrator authority to designate an 

appendix as applicable to a powered-lift 

and then to utilize deviation authority 

to amend that designation. Other 

commenters, such as GAMA, expressed 

concern that the FAA had previously 

approved part 60 deviations for FSTD 

projects, and the new proposed process 

could result in regulatory risk and might 

delay these projects. 

The FAA acknowledges that some 

commenters believe there already exists 

a path to powered-lift FSTD 

qualification through part 60 deviation 

authority. However, the NPRM 

preamble explained why § 60.15(c)(5) 

deviation authority is inapplicable; the 

FAA maintains this position. Section 

60.15(c)(5) states that an FSTD sponsor 

or manufacturer may submit a request 

for approval of a deviation from the QPS 

requirements as defined in appendices 

A through D to part 60. Thus, the 

deviation authority is explicitly 

applicable to the already existing 

appendices for airplanes and helicopters 

only. To further support this narrowly 

scoped authority, as explained in the 

preamble to the final rule adopting 

§ 60.15(c)(5), the FAA added deviation 

authority to allow for FSTD sponsors to 

deviate from technical requirements in 

the part 60 QPS.19 Deviation may only 

be considered from minimum 

requirements tables, objective testing 

tables, the functions and subjecting 

testing tables, and other supporting 

tables and requirements in the part 60 

QPS.20 Therefore, the deviation 

authority was never intended to be 

utilized to create a brand new QPS for 

a new class of aircraft, nor does the 

plain language of the regulation support 

such a use. Rather, deviation authority 

in § 60.15(c)(5) is utilized for those 

unique instances where novel airplane 

or rotorcraft characteristics do not 

precisely fit within the common and 

technical criteria set forth in the 

respective appendices or where a 

published FSTD standard, such as ICAO 

Document 9625,21 may be substituted 

for the part 60 QPS. 

Commenters are correct in noting that 

the FAA previously issued a deviation 

in accordance with § 60.15(c)(5) for a 

powered-lift FSTD. Specifically, the 

FAA approved one deviation for a set of 

powered-lift FSTD standards under 

§ 60.15(c)(5) in 2018; however, an FSTD 

has not yet been qualified under this 


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22The FAA notes that commenters’ concerns 

regarding regulatory risk did not include the 

specific regulations where risk would exist. As 

stated, the FAA intends to work directly with the 

operator issued a deviation in light of this final rule 

to avoid any noncompliance issues. 

23Appendix F to part 60 defines the following 

terms: flight test data, predicted data, and qualified 

test guide. 

24 Flight Simulation Device Initial and Continuing 

Qualification NPRM, 67 FR 60284 (Sept. 25, 2002). 

25E.g., ‘‘. . . based on acceptable aeronautical 

principles with proven success history and valid 

outcomes for aerodynamics, engine operations, 

avionics operations, flight control applications, or 

ground handling,’’ appendix A to part 60, 

Attachment 2, paragraphs 8 (Additional information 

about flight simulator qualification for new or 

derivative airplanes) and 9 (Engineering 

Simulator—Validation Data). See similar language 

in appendix C, Attachment 2, Paragraph 9. 

approved deviation. While the FAA has 

since determined that the deviation 

authority is not the appropriate 

mechanism to approve FSTD standards 

for powered-lift, the FAA intends to 

work directly with that operator to 

facilitate FSTD qualification under this 

adopted process.22

The FAA acknowledges that the 

adopted SFAR process may result in 

less timely decision-making by the FAA 

as compared to using a deviation 

process without public notice and 

comment. However, what commenters 

are proposing would essentially be 

establishing new standards, because the 

existing appendices are not appropriate 

for these new FSTDs. The establishment 

of new standards must comply with the 

informal rulemaking requirements of the 

Administrative Procedure Act. In 

addition, the FAA believes that public 

input will provide value in helping to 

ensure the safe and efficient integration 

of powered-lift into the NAS and that 

this regulatory approach is designed to 

be as broad and open to innovation as 

possible without sacrificing safety and 

effectiveness. 

3. Interim FSTD Qualification 

Lilium, CAE, NBAA, and others 

commented on the need for an interim 

FSTD qualification process for poweredlift FSTDs and advocated for the use of 

engineering/predicted data to support 

FSTD qualification. Some commenters 

urged the FAA to accept the engineering 

simulations and predicted engineering 

data from aircraft OEMs to expedite an 

interim qualification process. 

Part 60 supports interim FSTD 

qualifications, which would be equally 

applicable in the case of a powered-lift 

FSTD. Specifically, § 60.21 sets forth the 

requirements for the interim 

qualification of FSTDs for new aircraft 

types or models and requires the 

sponsor to provide: (1) the aircraft 

manufacturer’s data consisting of at 

least predicted data validated by a 

limited set of flight test data, (2) the 

aircraft manufacturer’s description of 

the prediction methodology used to 

develop the predicted data, and (3) the 

Qualification Test Guide test results.23

Because this regulation applies to all 

aircraft, interim qualification is an 

available option to powered-lift FSTDs 

even within the alternate qualification 

framework set forth in the SFAR. As 

discussed in the NPRM preamble that 

adopted § 60.21, the intent of interim 

qualification is to facilitate training 

before final flight test data is available 

so the operator can put the aircraft into 

service swiftly, while maintaining 

necessary safety standards.24 The 

regulation enables the use of the 

aforementioned predictive and/or 

engineering data that meets the 

reliability parameters set forth in 

§ 60.21(a) to support interim FSTD 

qualification and properly trained 

flightcrew in accordance with FAA pilot 

training and qualification standards. 

The FAA notes that engineering 

simulation and predicted engineering 

data may be accepted for airplanes and 

helicopters as an alternative to flight test 

data in accordance with appendices A 

and C to part 60; however, this concept 

is not succinctly applicable to poweredlift interim qualification because 

powered-lift and their corresponding 

FSTDs are new and novel entrants into 

the aviation market. 

Established practice and additional 

regulatory requirements in airplane and 

helicopter QPS clearly require the 

applicant to demonstrate past success 

by providing such data to support FSTD 

qualification.25 While the SFAR utilizes 

a non-traditional mechanism of QPS 

formation, establishing past success at 

providing predictive data that will 

support FSTD qualification continues to 

be a necessary deliverable for interim 

qualification so pilots will be 

adequately trained and checked in an 

interim qualified FSTD. Particularly 

with new and emerging aircraft designs, 

the FAA anticipates significant 

challenges with establishing past 

success in predicting the behavior of 

these aircraft for the purposes of 

developing real-time simulation models 

for pilot training. 

In sum, new § 194.105 does not 

prohibit a sponsor or manufacturer from 

pursuing interim qualification of an 

FSTD. The interim qualification 

requirements of § 60.21 apply to all 

aircraft, including powered-lift. While 

the FAA predicts challenges in the 

accumulation of powered-lift FSTD 

flight test data sufficient to meet the 

requirements for interim qualification, if 

a sponsor or manufacturer could meet 

the standard as set forth in § 60.21(a), 

the SFAR does not foreclose interim 

qualification. 

4. Emerging Technological Advances in 

FSTDs 

Several commenters, including 

AWPC, CAE, Vertical Flight Society, 

Advanced Air Mobility Institute, and 

GAMA, stated that the FAA must 

consider new and innovative simulation 

technologies, such as virtual reality 

(VR), extended reality (XR), and mixed 

reality (MR) systems. The commenters 

emphasized that these technologies 

provide opportunities for safe, 

immersive training, as well as offer the 

potential to significantly reduce the 

hardware footprint of an FSTD 

flightdeck and visual system. 

Additionally, the commenters stated 

that integrating new and novel 

technology would reduce associated 

material cost to the operator. These 

commenters urged the FAA to update 

part 60 to account for novel technology, 

use ‘‘acceptability’’ standards to account 

for novel technology, or use § 61.4(c) to 

approve the novel devices that provide 

comparable fidelity and representation. 

The Advanced Air Mobility Institute 

recommended collaborating with the 

U.S. Armed Forces to understand their 

training regime, which includes desktop 

avionics trainers, mixed reality part-task 

trainer, and common software flight 

training devices. ALPA further 

commented that virtual reality and 

mixed reality technologies should only 

be used after qualification standards 

have been established and should not 

replace the in-aircraft training or 

minimum FFS used. 

The FAA acknowledges the potential 

benefit of immersive simulation 

technologies like virtual reality, 

extended reality, and mixed reality in 

improving FSTD quality and reducing 

the overall cost of simulation for pilot 

training. In addition to powered-lift 

FSTDs, the use of immersive simulation 

technologies is an issue currently being 

addressed by the FAA under existing 

airplane and helicopter standards. The 

FAA is actively working toward 

encompassing these tools into the 

qualification regime for all aircraft, not 

just powered-lift. Because the current 

part 60 standards do not specifically 

address immersive technologies, such as 

virtual reality systems, the FAA 

recognizes the need to facilitate these 

technologies. Additionally, while the 

current part 60 standards do not yet 

address the use of such immersive 

technologies for FSTDs, this does not 

necessarily prevent an operator or 

training provider from using such 


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26E.g., Oberhauser, M., Dreyer, D., Braunstingl, 

R., & Koglbauer, I. (2018). ‘‘What’s real about virtual 

reality flight simulation? Comparing the fidelity of 

a virtual reality with a conventional flight 

simulation environment.’’ Aviation Psychology and 

Applied Human Factors, 8(1), 22–34. 

27The FAA’s Tech Center Acquisition & Grants 

Division in the Office of Finance and Management 

published an RFI to complete a feasibility 

assessment and to develop the requirements for 

Immersive Flight Simulation CRADA(s) on 

December 14, 2022, See Government RFI for 

Immersive Flight Simulation Cooperative Research 

and Development Agreement, available at SAM.gov. 

28www.easa.europa.eu/en/downloads/137723/en. 29See section V.A. 30See Section IV.C.6. 

technologies for training that does not 

require the use of an FSTD, such as for 

classroom instruction or providing 

flightdeck familiarization training to 

prepare students for formal flight 

training. 

The FAA notes, however, a survey of 

past research work on virtual reality 

systems as applied to pilot training 

simulators has shown instances of 

significant degradation of pilot 

performance and increased simulation 

sickness in virtual reality-equipped 

simulators.26 The FAA must understand 

the effectiveness, benefits, and 

shortcomings of these systems in 

conducting pilot training and evaluation 

before memorializing FSTD 

qualification with such systems in part 

60, not just for powered-lift, but for any 

aircraft. The FAA recognizes that the 

aforementioned study likely does not 

represent the state of the art in virtual 

reality systems and that additional 

study on the latest advancements is 

needed. To inform future policy 

decisions and potential rulemaking, the 

FAA recently initiated an immersive 

simulation research study 27 to examine, 

for example, human factors, potential 

use cases, and technical standards for 

virtual reality and other systems. 

Currently, the FAA is engaging with 

sponsors and manufacturers to work 

toward qualification of lower-level 

helicopter FSTDs with virtual reality 

systems, as well as maintaining 

awareness of EASA’s recent FSTD 

qualification with a virtual reality 

system.28 In sum, the FAA remains 

committed to staying apprised of new 

and novel technology that serves as a 

benefit in pilot training and preparation. 

Further, the QPS process adopted by 

this final rule will not prohibit a 

manufacturer or sponsor from proposing 

a QPS that includes new and novel 

technologies. For powered-lift FSTDs, 

applicants may propose the use of 

virtual reality systems under the SFAR 

process, similar to how airplane and 

helicopter FSTD manufacturers may 

propose, use, or require a deviation to 

facilitate these systems within their 

airplane or helicopter FSTD. Because 

the FAA has well-established standards 

for conventional simulation in 

appendices A through D to part 60, the 

applicant must include sufficient 

supporting data and justification that 

the virtual reality-equipped FSTD can 

satisfactorily provide relevant fidelity to 

an equivalent level or better than that of 

a conventional FSTD at the same 

qualification level to facilitate 

satisfactory pilot training and checking. 

In developing this justification, piloted 

experiments comparing performance, 

workload, simulation sickness, and 

transfer of training between a virtual 

reality FSTD and a conventional FSTD 

acceptable to the FAA should be 

considered. 

5. Use of Consensus Standards 

SAE International and CAE both 

urged the FAA to recognize consensus 

standards for powered-lift FSTDs when 

published. As discussed in the NPRM, 

the FAA intends to consider consensus 

standards during the qualification of 

powered-lift FSTDs under part 60. The 

FAA is aware of, and participates in, 

certain consensus standards 

subcommittees tasked with examining 

FSTD qualification standards for 

powered-lift. At the time of the 

publication of the NPRM, no publicly 

available consensus standards existed to 

reference; therefore, the FAA declined 

to include them as a compulsory basis 

for qualification. However, under the 

SFAR process, an applicant may 

propose the use of an industry 

consensus standard to support the 

qualification of a powered-lift FSTD. 

While the FAA intends to leverage 

consensus standards as efficiently as 

possible for both industry and the FAA, 

the broad array of powered-lift features 

and inability to identify similar 

operating characteristics 29 render a 

universal approval akin to part 23 

consensus standards challenging. 

However, the FAA intends to review 

proposed consensus standards for 

approval and determine the application 

of any necessary conditions or 

limitations upon availability. Because 

the FAA does not currently have a 

proposed consensus standard to review, 

consideration on the applicability of a 

future consensus standard will likely 

initially be made on a project-by-project 

basis. If a proprietary consensus 

standard is submitted for consideration, 

the FAA would not publish this 

standard in full to the Federal Register 

but would publish a summary of the 

proposed action and any applicable 

differences or conditions and 

limitations. 

6. Levels of FSTD Qualification 

Archer, CAE, VFS, and others 

commented that there will be a need for 

FSTDs other than a Level C or higher 

FFS. The FAA agrees that many levels 

of FSTDs are currently necessary and 

available for both airplane and 

helicopter pilot training, and there will 

likely be a similar need for additional 

FSTD levels for powered-lift pilot 

training. For FSTD qualification 

purposes, § 194.105 will not limit FSTD 

qualification to only Level C FFS and 

above.30 Under the FSTD qualification 

process in the SFAR, an applicant may 

propose standards for any FSTD 

qualification level in part 60 using the 

standards in appendices A through D to 

part 60 as a baseline. Where an 

applicant proposes unique FSTD 

configurations that are not consistent 

with established part 60 FSTD 

appendices, such as with virtual realityequipped FSTDs or alternative motion 

platform, the sponsor or manufacturer 

must provide justification and 

supporting data demonstrating the 

capability of the FSTD to conduct 

approved pilot training and evaluation 

at the requisite level of qualification 

sought. 

V. Certification of Powered-Lift Pilots 

As outlined in the Executive 

Summary, the introduction of poweredlift as a new category of civil aircraft 

creates unique challenges for pilot 

training and certification, particularly 

when considering the lack of available 

certificated powered-lift in which a 

flight instructor would conduct flight 

training and the difficulty in obtaining 

flight training itself due to a lack of 

qualified flight instructors. 

To address these barriers, the FAA 

finalizes alternate aeronautical 

experience requirements and expanded 

logging provisions, in section V.F. of 

this preamble. Additionally, section 

V.F.6. of this preamble provides tables 

summarizing the requirements for pilot 

certification to facilitate readability of 

the alternate experience and logging 

provisions. 

A. Establish a Type Rating Requirement 

for Persons Seeking To Act as PIC of 

Powered-Lift 

Part 61 prescribes the requirements 

for issuing pilot and flight instructor 

certificates and ratings, the conditions 

under which those certificates and 

ratings are necessary, and the privileges 

and limitations of those certificates and 


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31 § 61.1(a)(1). 

32 § 61.5. 

33 § 61.31(d). 

34 § 1.1. 

35Flight Instructor, Ground Instructor, and Pilot 

School Certification Rules; NPRM, 60 FR 41160 at 

41165 (Aug. 11, 1995). 

36Section 1.1 defines ‘‘large aircraft’’ as ‘‘aircraft 

of more than 12,500 pounds, maximum certificated 

takeoff weight.’’ 

37As discussed in the NPRM, FSBs are normally 

established when the responsible FAA Aircraft 

Certification Office issues a Type Certificate for 

large aircraft, turbojet powered airplanes, and other 

aircraft specified by the Administrator through the 

aircraft certification process (see § 61.31(a)). 

Powered-lift will be evaluated under the existing 

FSB process by the Aircraft Evaluation Division, 

which will determine the requirements for a pilot 

type rating and develop training objectives for the 

type rating. 

38 § 61.63(d), 61.157(b). 

39 88 FR 38946 at 38956 (June 14, 2023). 

40For purposes of this preamble, the term 

‘‘inceptor’’ refers to a wide variety of nontraditional pilot controls through which pilot inputs 

are managed for the purpose of operating the 

powered-lift. 

41The FSB will evaluate each powered-lift on a 

case-by-case basis to determine whether the training 

recommended by the manufacturer will enable the 

pilot to safely operate the aircraft in the NAS. 

Additionally, the FSB will identify the unique 

characteristics of each powered-lift that require 

special training, which will be documented in the 

Flight Standardization Board Report (FSBR). 

Subsequently, these findings are utilized to 

determine the applicability of tasks within the 

appropriate powered-lift Airman Certification 

Standards for training, testing, and checking. 

42The FAA also proposed to redesignate current 

§ 61.31(a)(3), which requires a type rating for other 

aircraft specified by the Administrator through 

aircraft type certificate procedures, as new 

§ 61.31(a)(4). 

43AgustaWestland Philadelphia Corporation is a 

subsidiary of Leonardo S.p.A Helicopter Division. 

ratings.31 The FAA issues six levels of 

pilot certificates (student, sport, 

recreational, private, commercial, and 

ATP) and assigns category, class, and 

type ratings on each pilot certificate.32

To act as PIC of any aircraft, a person 

must hold the category, class, and type 

rating (if class and type are applicable) 

on their pilot certificate.33 Part 61 sets 

forth the requirements (e.g., aeronautical 

experience, practical test) to obtain such 

certificates and ratings. 

Part 1 of 14 CFR, which provides 

definitions and abbreviations for Title 

14, defines category and class for the 

purposes of airmen ratings. Specifically, 

‘‘category’’ is defined as a broad 

classification of aircraft (e.g., airplane, 

rotorcraft, powered-lift), while ‘‘class’’ is 

defined as a group of aircraft within a 

category having similar operating 

characteristics (e.g., single engine, 

multiengine, helicopter).34

In 1997, when the FAA established 

the powered-lift category in part 61, the 

FAA declined to create powered-lift 

classes or require type ratings for 

powered-lift beyond those established 

in § 61.31(a) (i.e., large aircraft or as 

specified by the Administrator under 

aircraft type certificate procedures).35

During the development of the NPRM, 

the FAA reconsidered whether (1) 

classes of powered-lift could be 

established and (2) type ratings should 

be required. In this final rule, the FAA 

maintains its position on the 

infeasibility of establishing powered-lift 

classes at this time and adopts the 

requirement for the PIC of a powered-lift 

to hold a type rating on their pilot 

certificate. This section briefly discusses 

the amendment and responds to 

comments. 

Currently, pursuant to § 61.31(a), a 

person must hold a type rating to act as 

PIC of (1) a large aircraft 36 (except 

lighter-than-air), (2) a turbojet-powered 

airplane, and (3) other aircraft as 

specified by the Administrator through 

aircraft type certificate procedures.37 To 

obtain a type rating, a person must 

receive aircraft-specific training and 

pass a practical test in the aircraft for 

the type rating sought.38 Currently, the 

FAA’s regulatory framework in part 61 

allows for the issuance of a powered-lift 

category rating on a pilot certificate and 

does not specifically require a type 

rating to act as PIC of a powered-lift 

operation (unless a powered-lift 

specifically meets one of the parameters 

in § 61.31(a)). 

In the NPRM, the FAA extensively 

discussed the lack of commonality 

between each design of powered-lift.39

For example, powered-lift types are 

expected to vary in configuration from 

tilt-wing, tilt-propeller, lift plus cruise, 

and tilt plus cruise designs, as well as 

varying degrees of automation. Further, 

powered-lift have unique flight and 

handling qualities managed with 

indirect flight controls, meaning 

movement of the inceptor does not 

directly correlate to the movement of a 

specific flight control surface.40 The 

divergence of characteristics between 

powered-lift drives, first, the 

infeasibility to create classes because 

there is not a discernable group of 

similar operating characteristics with 

which the FAA can create classes at this 

time. Secondly, it drives the need for 

specific training and testing in the 

powered-lift that a PIC intends to 

operate. Generalized training 

requirements based on a broad 

categorization of powered-lift alone 

would not adequately address the 

unique characteristics and operating 

requirements of each individual aircraft. 

Therefore, to establish an appropriate 

level of safety by ensuring persons 

receive adequate training and are tested 

on the unique design and operating 

characteristics of each powered-lift, the 

FAA proposed to require a person who 

acts as PIC of a powered-lift to hold a 

type rating 41 in new § 61.31(a)(3).42

These proposals necessitated 

conforming amendments within part 61. 

Section 61.5(b)(7) sets forth the aircraft 

type ratings that may be placed on a 

pilot certificate when the applicant 

satisfactorily accomplishes the training 

and certification requirements for the 

rating sought. These type ratings 

include the aircraft currently identified 

in § 61.31(a), as well as the SIC pilot 

type rating for aircraft that are typecertificated for operations with a 

minimum crew of at least two pilots. 

The FAA proposed to revise paragraph 

(b)(7)(iii) to reflect the proposed aircraft 

type rating for a powered-lift and to 

redesignate current § 61.5(b)(7)(iii) as 

new § 61.5(b)(7)(iv). The FAA also 

determined current § 61.5(b)(7)(iv), 

which allows for the issuance of a SIC 

pilot type rating, does not belong under 

§ 61.5(b)(7). Section 61.5(b)(7) contains 

aircraft type ratings; however, a pilot 

type rating subject to ‘‘SIC Privileges 

Only’’ is not an ‘‘aircraft’’ type rating. 

To more accurately capture the SIC pilot 

type rating as a pilot rating independent 

of ‘‘aircraft,’’ the FAA proposed to 

relocate this provision to stand 

independently in new § 61.5(b)(9). 

Comments in Support of a Type Rating 

Several commenters expressed 

support for the FAA’s proposal to 

require a type rating for each poweredlift a PIC seeks to operate. 

AgustaWestland Philadelphia 

Corporation (AWPC),43 BETA, Lilium, 

and Joby agreed with the proposed type 

rating requirement, citing the lack of 

commonality between powered-lift 

designs and their diverse capabilities. 

Likewise, ALPA and A4A endorsed the 

FAA’s proposed approach to require a 

type rating to recognize the uniqueness 

of powered-lift, diversity of aircraft 

handling characteristics, and operations 

relative to evolving aircraft designs. 

ALPA added that some reports list over 

500 different designs of powered-lift 

under manufacturer development and 

stated that pilots cannot rely on the 

transferability of skills between 

powered-lift types. An individual 

commenter noted that, because 

powered-lift systems are complex and 

quite different from one another, pilots 

should be qualified similarly to jet type 

ratings, specifically emergency recovery 

procedures. HAI expressed general 

support for the type rating requirement 

at this time but urged a cautious 


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44 ICAO Annex 1, 14th Ed. (July 2022). ICAO sets 

forth Section 2.1.1.4 until March 5, 2025. 

45 GAMA suggested amending part 194 (and 

revising SFAR references as appropriate) to say that 

the appropriate category and class for powered-lift 

is that found by the Administrator to be 

appropriate, as designated by the type certificate 

data sheet and FSB report. GAMA noted there was 

precedent for this approach when the FAA 

provided relief to Wing from § 135.243 rules with 

respect to ‘‘appropriate category and class ratings’’ 

for the operation of its powered-lift unmanned 

aircraft. See, Exemption No. 18163 issued to Wing 

Aviation, LLC (Mar. 28, 2019). Since the issuance 

of Exemption No. 18163 in 2019, the FAA has 

determined that it erroneously tied having a type 

certificate to the ability to define the appropriate 

category, class and type of aircraft. In actuality, the 

FAA has the ability to determine definitionally 

under 14 CFR 1.1 what category and class of aircraft 

it is. Additionally, the FAA notes that unmanned 

aircraft were not contemplated in the FAA 

regulations when they were conceived, and that 

unmanned operations are unique—autonomy, 

airspace, capability, people on board, etc.—and do 

not fit into the traditional category and class 

framework. 

46 § 61.63(d). 

47As noted in the NPRM, on July 21, 2022, 

GAMA submitted a letter to the FAA providing its 

recommendations regarding consensus standards 

for powered-lift. The FAA has placed a copy of this 

letter in the docket for this rulemaking. On August 

17, 2022, the FAA met with GAMA to discuss 

eVTOL Entry Into Service. The FAA did not take 

the recommendations contained in the letter or the 

contents of the meeting into consideration while 

developing the NPRM. GAMA resubmitted the 

letter and information related to the listening 

session to the docket in response to the NPRM. The 

FAA has incorporated responses throughout this 

preamble appropriate to the respective subject 

matter. FAA–2023–1275–0086. 

48The FAA interprets GAMA’s broad reference to 

‘‘ICAO guidance’’ in their comments, subsequently 

referenced throughout this preamble, as a reference 

to ICAO Doc. 10103 and recommendations in the 

applicable ICAO Annex. 

49Annex 1 defines Recommended Practices, in 

pertinent part, as any specification of which the 

uniform application is recognized as desirable in 

the interest of safety, regularity, or efficiency of 

international air navigation, and to which 

Contracting States will endeavor to conform in 

accordance with the Convention. 

approach, as subsequently discussed in 

this section. 

ICAO Recommendation: Powered-Lift 

Type Rating on Existing Airplane or 

Rotorcraft Certificate 

While these commenters supported a 

type rating, many supported the type 

rating framework specifically as 

recommended by ICAO Annex 1, 

section 2.1.1.4,44 which permits a 

Licensing Authority to endorse a type 

rating for aircraft of the powered-lift 

category on an airplane or helicopter 

pilot license. Commenters supporting 

this position included: NATA, CAE, 

Eve, AWPC, Lilium, BETA, Supernal, 

the Vertical Flight Society, ADS Group, 

Vertical Aerospace Group, FlightSafety 

International, AUVSI, Ferrovial 

Airports, GAMA,45 Joby, NBAA, 

Aerospace Industries Association, 

Helicopter Association International, 

L3Harris, and EASA. 

Many commenters supported § 2.1.1.4 

on two premises. First, commenters 

agreed with the premise that all 

powered-lift are unique enough to 

require a type rating which renders a 

category rating unnecessary. Therefore, 

given the similarity to airplanes and 

helicopters, commenters stated that 

removing the powered-lift category 

rating requirement and fully aligning 

with § 2.1.1.4 in the simple addition of 

the powered-lift type rating to an 

existing airplane or helicopter certificate 

would maintain an equivalent level of 

safety to the traditional certification 

framework. Second, commenters stated 

that alignment with § 2.1.1.4 would 

facilitate training and checking in Level 

C or higher simulators,46 which 

commenters emphasized would 

standardize training and data collection 

to support continuous training 

improvement. 

ICAO Annex 1 contains a 

recommended transitional measure in 

section 2.1.1.4 that permits a licensing 

authority to endorse a type rating for a 

powered-lift category on an existing 

airplane or helicopter category pilot 

license (i.e., certificate). Application of 

this optional transitional measure 

would require the endorsement of the 

rating on the license to indicate that the 

aircraft is part of the powered-lift 

category and the training for the type 

rating must have been completed during 

an approved training course 

incorporating all relevant aspects of 

operating an aircraft of the powered-lift 

category, taking previous experience of 

the applicant into account as 

appropriate. 

Joby stated the FSB operational 

evaluation process is adaptable within 

the type rating framework by providing 

appropriate consideration of new 

technologies or unique training needs, 

including special emphasis areas 

(training requirements) and specific 

flight characteristics (checking 

requirements) unique to a type. 

Supernal said ICAO would add category 

and class ratings at a later date when 

such additions could be supported by 

data. L3Harris posited that once 

sufficient experience is gathered, the 

FAA could reevaluate the category 

requirement and implement permanent 

rules as needed. 

GAMA resubmitted the ‘‘GAMA 

Manufacturer Consensus 

Recommendations for the FAA’s 

Powered-Lift Special Federal Aviation 

Regulation (SFAR)’’ providing insights 

from the powered-lift industry to the 

FAA regarding SFAR regulation.47

Participants in the letter highly 

encouraged the FAA to reconsider the 

GAMA member consensus initiative 

aligned with ICAO,48 as it promotes 

adaptability, harmonization with 

international standards, and 

collaboration with other aviation 

authorities. The commenters supported 

the ICAO guidance as recognizing that 

pilot qualification and training shall be 

based on an aircraft’s capabilities. 

GAMA further commented that the type 

rating for powered-lift should be 

defined in accordance with FAA’s 

existing Operational Evaluation Board 

Process in a manner appropriate for 

each aircraft. In sum, given the global 

nature of the eVTOL industry, GAMA 

stated adopting an approach that reflects 

the ICAO framework is imperative. The 

Advanced Air Mobility Institute 

suggested that harmonization and 

coordination with EASA would reduce 

bureaucratic hurdles and minimize 

duplication of efforts. Additionally, the 

Advanced Air Mobility Institute 

asserted that through a joint approach, 

seamless training and certification 

procedures can be facilitated, leading to 

enhanced efficiency and benefits for all 

stakeholders involved. 

The FAA first notes that the 

transitional measure is a 

recommendation 49 and not a standard. 

Under Articles 37 and 38 of the Chicago 

Convention, the U.S. is required to 

comply with ICAO standards or notify 

ICAO of differences. However, because 

section 2.1.1.4 is a permissive 

recommendation, the FAA is neither 

required to comply with the transitional 

measure nor file a difference with ICAO 

when deviating from recommended 

practices. 

As discussed in the NPRM, the FAA 

duly considered implementation of 

section 2.1.1.4 and declined to disrupt 

FAA’s traditional airman certification 

framework by the addition of a type 

rating within a wholly different aircraft 

category to an existing certificate with a 

different category rating. Since 1997, 

part 61 has included regulations for 

powered-lift pilot and flight instructor 

certification. The FAA concedes that 

those regulations do not adequately 

address the unique challenges of 

introducing a new category of aircraft to 

civil operations; therefore, through this 

SFAR, the FAA chose to facilitate 

alternative measures for a pilot to 

directly receive a powered-lift category 

rating and a powered-lift type rating. 

Similar to the conditions set forth in 

ICAO’s transitional recommendation, 

these alternative measures to receive a 

powered-lift category and type rating 

would be completed during training 


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50See §§ 194.217, 194.219, 194.221, 194.223, 

194.225, 194.227, 194.229, 194.231. 

51 I.e., by virtue of the proposed eligibility 

prerequisites for pilots to utilize the relieving 

alternate framework that will be set forth in part 

194. 

52See 14 CFR 1.1, Powered-lift definition: a 

heavier-than-air aircraft capable of vertical takeoff, 

vertical landing, and low speed flight that depends 

principally on engine-driven lift devices or engine 

thrust for lift during these flight regimes and on 

nonrotating airfoil(s) for lift during horizontal flight. 

53 § 61.63(d). 

54The FAA acknowledges difficulties with entry 

into service for aircraft with single controls. Section 

V.D. of this preamble addresses these challenges. 

55Under § 61.63(c)(3), a person who seeks to add 

a class rating in the same category of aircraft is not 

required to complete the prescriptive flight training 

requirements for an initial class rating but rather 

must only have a logbook or training record 

endorsement from an authorized instructor attesting 

that the person was found proficient in the 

appropriate areas of operation. Under § 61.63(b)(1), 

a person adding a category rating must complete all 

of the aeronautical experience requirements for the 

certificate level. 

56Pilot, Flight Instructor, Ground Instructor, and 

Pilot School Certification Rules, NPRM, 60 FR 

41160 (Aug. 11, 1995); final rule, 62 FR 16220 (Apr. 

4, 1997). 

57 62 FR 16220 at 16230 (Apr. 4, 1997). 

provided under an approved or 

proposed training curriculum 50 and 

would take previous experience of an 

applicant in an airplane or helicopter 

into account, as appropriate.51

The FAA acknowledges commenters’ 

suggestions to more strictly align with 

ICAO’s recommended transitional 

measure in section 2.1.1.4, reiterated in 

section 955 of the 2024 FAA 

Reauthorization. The FAA notes that 

commenters generally disagreed with 

the FAA’s proposal to keep the 

powered-lift as a separate category of 

aircraft. These commenters stated that 

ICAO’s standard provides an equivalent 

or higher level of safety but failed to 

provide supporting rationale as to why 

the FAA should deviate from its 

generalized airman certification 

framework in existence or how the 

transitional measure would provide an 

equivalent or higher level of safety to 

meeting the longstanding aeronautical 

experience requirements specific to a 

category of aircraft. Additionally, the 

FAA notes that ICAO Annex 1 does not 

forego the powered-lift category 

completely but gives the temporary 

option of an alternate means for a 

member state to implement the 

powered-lift category. 

The FAA maintains that while 

powered-lift vary widely within the 

respective category, they are essentially 

a hybrid between an airplane and a 

helicopter with a distinct foundational 

set of characteristics.52 Therefore, 

assurance of proficiency in those 

characteristics is an essential element of 

airman training that may be lost if a type 

rating, with no minimum flight hour or 

flight training requirement before testing 

for such rating,53 is simply added to an 

existing airplane or helicopter rating, 

thereby rendering it impracticable for 

the FAA to wholly align with ICAO 

Recommendation 2.1.1.4, as explained 

throughout this section. While these 

pilots have significant prior experience 

operating in the NAS by virtue of 

holding a certificate with an airplane 

category rating or rotorcraft category, 

helicopter class rating, the experience is 

not tailored to powered-lift operations 

(the subsequent section of this preamble 

explains the FAA’s finding on the value 

of the category rating). 

The FAA recognizes there is a fine 

line between a powered-lift being so 

unique that none resemble each other, 

thereby eliminating the similarities 

associated with a category of aircraft, 

and all powered-lift possessing similar 

fundamental characteristics such that a 

category rating remains essential. The 

subsequent section discusses additional 

comments received on the FAA’s 

proposal to retain the powered-lift 

category and the safety benefit of doing 

so. This preamble also provides 

discussion of simulator time in section 

V.D. of this preamble. 

Value of the Powered-Lift Category 

Several commenters discussed the 

powered-lift category. As previously 

stated, the predominant position 

identified a perceived inconsistency 

between the FAA’s statements about the 

uniqueness of powered-lift to support a 

universal type rating requirement and 

those statements supporting the 

powered-lift category rating as 

foundational. Additionally, commenters 

discussed the burden and barriers that 

a powered-lift category rating 

requirement would bestow on operators. 

CAE, NBAA, and Eve stated that a 

powered-lift category rating would 

create challenges in developing an 

initial cadre because it would require an 

FSB team to spend several months with 

the manufacturer to receive training 

compared to a type rating, which would 

only require a few weeks, according to 

the commenters. Joby and NBAA stated 

the category-based approach is 

potentially unsafe because it could lead 

to a negative transfer of skills between 

aircraft.54 Similarly, an individual 

commenter noted that pilots of aircraft 

that operate primarily in wing-borne 

flight mode (e.g., F–35, AV–8) may not 

be properly trained to fly aircraft that 

possess the unique aerodynamic and 

handling qualities-related effects of 

aircraft that generate thrust via 

proprotors. 

Lilium suggested that, should the 

FAA maintain the requirement for a 

powered-lift category rating, the FAA 

should credit commercial pilot and ATP 

flying experience toward the poweredlift category rating. Specifically, Lilium 

stated an approach should focus on 

powered-lift type rating specifics with a 

combined check at the end of training. 

Finally, HAI generally expressed that 

the FAA should credit time logged in 

both airplanes and helicopters in the 

qualification framework. 

The FAA considers the aircraft 

category rating to be a key element of 

airman certification for ensuring 

persons exercising the privileges of their 

pilot certificate possess a common level 

of competency. To be eligible to obtain 

a category rating, a person must 

complete set hours of flight time and 

flight training in the category of aircraft. 

Moreover, unlike class ratings within a 

category, a pilot who holds a category 

rating and seeks to add a new category 

to their pilot certificate must meet all of 

the flight time and flight training as 

would be required for an initial category 

rating.55 Nearly 30 years ago, the FAA 

identified the need to establish a new 

powered-lift category for emerging 

technology.56 At that time, the FAA 

explained that these regulations were 

necessary to respond to the future needs 

of aviation because industry was 

developing powered-lift and the pilot 

certification standards did not 

adequately reflect the certification 

requirements for powered-lift.57 Like 

airplanes and rotorcraft, modern 

powered-lift vary significantly in terms 

of operational capabilities and 

complexity. However, like airplanes and 

rotorcraft, the FAA has determined that 

the wide range of current powered-lift 

in development share enough design 

attributes to establish a common aircraft 

category and ensure that a new 

powered-lift pilot has the necessary 

aeronautical experience to safely 

operate that category of aircraft in the 

NAS. 

The FAA notes that, for purposes of 

airman certification, an aircraft category 

groups similar aircraft that are designed 

to produce lift in a certain way. The 

characteristics of each category and how 

it produces lift lends itself to unique 

conditions a pilot would experience 

exclusive to the category of aircraft 

being operated. Powered-lift pilots 

operating a powered-lift may conduct 

operations that are similar to airplanes 

and helicopters, but the pilot’s 

experience in either category is unique 

to that category and would not (1) 


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58 VMC is a calibrated airspeed at which following 

the sudden critical loss of thrust the pilot would 

still be able to maintain directional control of the 

multiengine airplane. See Airplane Flying 

Handbook, FAA–H–8083–3C (2021), page 13–2. 

59FAA Helicopter Flying Handbook FAA–H– 

8083–21B at 11–9. 

60Commercial Pilot for Powered-lift Category 

ACS (FAA–S–ACS–2). 

61The FAA notes that the Commercial Pilot for 

Powered-Lift Category ACS sets forth a table 

indicating the required tasks for each area of 

operation tested in accordance with the ACS for the 

addition of a powered-lift category rating to an 

existing commercial pilot certificate, which results 

in an abbreviated test for SFAR pilots where there 

is overlap in foundational elements between 

categories. For example, pilots who possess a 

commercial pilot certificate with an airplane 

category rating (and any airplane class rating) are 

not required to test again on high altitude 

operations (AOO X). 

62Section 91.119(d) permits a helicopter to 

operate at less than the minimums prescribed in 

§ 91.119(b) or (c) provided the operation is 

conducted without hazards to persons or property 

on the surface and that each person operating the 

helicopter complies with any routes or altitudes 

specifically prescribed by the FAA for helicopters. 

63 §§ 135.167 and 135.168. 

64Section 61.129(e)(1) requires an applicant for a 

powered-lift rating at the commercial pilot 

certificate level to obtain 100 hours of flight time 

in powered aircraft of which 50 hours must be in 

powered-lift. 

completely prepare the pilot for what 

may be encountered in a totally unique 

category of aircraft and (2) would not 

have the same unique conditions as a 

result of the production of lift by just 

wings or engine or just a rotor system. 

Pilots maintain proficiency on 

specific flight characteristics based on 

these differing categories of aircraft (e.g., 

their unique production of lift), such 

that category flight experience is not a 

comprehensive fit to another category. 

For example, unique conditions specific 

to only an airplane or only a helicopter 

include engine failures and vortex ring 

state. During a loss of power in a 

multiengine airplane, a pilot must be 

cognizant of the speeds at which they 

are flying because a pilot of a 

multiengine airplane could encounter a 

loss of directional control attributed to 

operations below the airplanes 

published VMC.58 In a multiengine 

airplane, operations below VMC result in 

a loss of directional control because the 

thrust is provided directly by the 

multiple engines. In a helicopter, the 

engines power a drive train that 

provides thrust through a rotor system. 

Since the thrust is not being directly 

provided by the engines in a helicopter 

there is no published VMC. Therefore, a 

helicopter would not experience loss of 

directional control because of 

operations below VMC as outlined for a 

multiengine airplane. Likewise, a pilot 

of a helicopter must be proficient in 

recovering from a vortex ring state, 

which is a transient condition of 

downward flight in which an aircraft 

descends through the air after 

previously ingested by the rotor system 

causing portions of the rotor blade to 

stall. If not corrected, the pilot 

experiences significant descent rates 

that require immediate intervention 

unique to a helicopter.59 This condition 

is the result of the operation of a 

helicopter’s rotor system producing 

downwash. As an airplane does not 

have a rotor system, this condition 

would not occur in an airplane. 

These examples are specific to the 

category of aircraft in which they are 

encountered, of which, a powered-lift 

may or may not ever experience. 

Moreover, powered-lift are operationally 

capable of both vertical takeoffs and 

landings as well as horizontal flight. 

This increased transitional complexity 

means an aircraft, while perhaps having 

some similar characteristics as an 

airplane or helicopter, has very unique 

and more novel conditions that may 

arise that would preclude crediting 

airplane or rotorcraft hours to count as 

comparable experience. 

Given these characteristics, a pilot 

operating a powered-lift must be 

proficient in adverse conditions related 

to both horizontal flight and vertical 

take-off and landings (i.e., certain 

airplane and helicopter characteristics), 

as all powered-lift have these 

capabilities regardless of the size, and 

any other powered-lift specific 

condition that may arise. A pilot who 

holds only a pilot certificate with an 

airplane category rating would lack 

proficiency in vertical takeoffs or 

landings and wouldn’t be familiar with 

unique characteristics of flight that may 

be similar to a helicopter. Likewise, a 

pilot who holds a pilot certificate with 

only a rotorcraft category with 

helicopter class rating could lack 

proficiency in conditions related to 

horizontal flight similar to that of an 

airplane. Proficiency in both is required 

for any powered-lift, regardless of size, 

that may not be sufficiently covered in 

type rating training focused on a 

specific aircraft rather than universal 

category-shared characteristics. 

Therefore, the FAA disagrees with the 

notion that requiring a powered-lift 

category introduces safety risks into the 

NAS and maintains that the 

foundational characteristics necessitate 

a generalized powered-lift category 

rating. 

In making this determination, the 

FAA also examined the areas of 

operation and tasks required to be 

performed to obtain a powered-lift 

category rating versus those required for 

a powered-lift type rating. The FAA 

found that the areas of operation 

covered when an applicant takes a 

practical test for a commercial pilot 

certificate with a powered-lift category 

rating are more expansive and include 

foundational concepts and skills 

necessary to operate any powered-lift in 

the NAS. In comparison, the areas of 

operation that are covered for a 

powered-lift type rating tend to be more 

narrowly tailored to a particular 

powered-lift, assuming the applicant 

would have the foundational category 

skills (or be concurrently attaining such 

proficiency). For example, broader 

Areas of Operation (AOO) such as 

airport and heliport operations (III), 

rapid deceleration/quick stop (AOO VI, 

Task A), slow flight and stalls (AOO 

VIII); high altitude operations (AOO X); 

and special operations (AOO XI) appear 

on the powered-lift category rating test 

as foundational category elements,60 but 

are not covered on the powered-lift type 

rating test, nor would some of these 

foundational elements be covered on an 

airplane category or rotorcraft category, 

helicopter class practical test.61

Comprehensive proficiency to facilitate 

safe operations in the NAS must include 

these foundational elements, among 

others set forth in the applicable ACS, 

that may be overlooked given a typerating only training and practical test. 

Additionally, the FAA also notes the 

practical complexities of subjective 

assignment of an aircraft category as 

suggested by GAMA. Without a clearly 

communicated standard under which 

powered-lift would be certificated, the 

regulated community would be at a 

disadvantage in (1) lack of advanced 

notice of certification requirements (e.g., 

if a powered-lift was assigned in the 

airplane category during the type 

certification process, but the 

manufacturer only employed helicopter 

pilots), (2) arbitrary determination 

frameworks (e.g., how close a poweredlift would be required to align with the 

helicopters or rotorcraft to be in that 

category, whether it was a key system 

determination driver, etc.), and (3) 

potential absence of consistency in 

operational requirements (e.g., 

minimum safe altitude requirements 62

and emergency equipment for overwater 

operations 63 differ for helicopters and 

airplanes). 

Joby provided two examples of how 

the FAA’s proposal to maintain a 

powered-lift category rating would 

introduce unanticipated safety risks. In 

Joby’s first example, a person intends to 

operate a large, turbine-engine poweredlift. The individual seeks to meet the 

requirements of § 61.129(e)(1) 64 by 


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65The FAA notes that the instrument rating is, 

likewise, not type specific within the airplane 

category or rotorcraft category, helicopter class. 

66For example, AOO V in the ATP and Type 

Rating for Powered-Lift Category ACS requires the 

applicant to demonstrate certain instrument 

procedures. 

67See FAA Order 8130.2J, Appendix D, Table D– 

1, Operating Limitations. 

68See 14 CFR 1.1, Class (1). 

69For additional information on VMC see the FAA 

Airplane Flying Handbook, FAA–H–8083–3C 

(2021), page 13–2. 

operating a small powered-lift with a 

significantly dissimilar pilot interface, 

for economic considerations. Joby posits 

there is a negative transfer of piloting 

skills from the operation of the 

dissimilar aircraft. In Joby’s second 

example, a person has obtained a 

powered-lift instrument rating in a 

powered-lift with airplane-like controls. 

The person then seeks to operate a 

powered-lift with helicopter-like 

controls. When the pilot encounters 

instrument meteorological conditions 

(IMC), they do not have the piloting 

skills or experience to operate the 

aircraft safely or experience negative 

transfer of pilot skills from operation of 

the dissimilar aircraft. Joby stated that 

the powered-lift instrument rating may 

give a pilot the confidence to fly in IMC 

when they are not prepared for the 

piloting task. 

The central safety risk at issue in 

these two examples is cured by virtue of 

a type rating. If a person utilized a small 

powered-lift to build time for a 

powered-lift category rating to 

eventually fly a large, turbine-engine 

powered-lift, they will still be required 

under adopted § 61.31(a)(3) to obtain a 

type rating for the large powered-lift. 

The required type rating training and 

testing for a type rating intends to cover 

any operational proficiency gap between 

powered-lift types. Similarly, in Joby’s 

second example, the person will be 

required to obtain a type rating both in 

a powered-lift with airplane-like 

controls and in a powered-lift with 

helicopter-like controls. While the 

instrument-powered-lift rating is not 

type-specific within the powered-lift 

category,65 the type rating, which 

requires training and testing, will 

establish the pilot’s proficiency in the 

specific aircraft which thereby 

addresses any possible safety gap.66

In developing the NPRM, the FAA 

reconsidered whether to utilize the 

long-established powered-lift category 

as a means to integrate pilot certification 

of powered-lift pilots. The FAA 

determined that enabling the existing 

powered-lift category was the most 

logical means of establishing an existing 

cadre of powered-lift pilots without 

relying solely on pilots who received 

certification through existing military 

competency provisions. Therefore, the 

FAA will retain the requirement to 

obtain a powered-lift category rating as 

proposed. 

Relatedly, as discussed in the NPRM, 

the FAA notes that some powered-lift 

have been issued special airworthiness 

certificates for experimental purposes in 

accordance with § 21.191 and foresees a 

need to continue this kind of 

certification in the future. In general, 

experimental aircraft are not subject to 

the same airworthiness standards as 

those aircraft holding standard 

airworthiness certificates (e.g., 

regulatory design, build, maintenance, 

and inspection requirements). In 

accordance with § 91.319(i), the 

Administrator may prescribe additional 

operating limitations for experimental 

aircraft where necessary for safety and 

risk mitigation with various hazards 

inherently introduced by experimental 

aircraft. The FAA has employed the 

operating limitations issued with an 

experimental airworthiness certificate to 

require pilots to hold category and class 

ratings for all experimental aircraft and 

additional authorizations for certain 

experimental aircraft even when no 

passengers are carried on board.67 As 

with experimental airplanes and 

experimental rotorcraft, the FAA will 

apply category ratings and other 

authorizations (e.g., the authorization to 

act as PIC) through operating limitations 

for experimental powered-lift, as 

warranted. 

Establishment of Powered-Lift Classes 

Some commenters disagreed with the 

FAA’s conclusion that the creation of 

powered-lift classes is infeasible at this 

time. One individual stated there is 

potential for different classes within 

powered-lift, expressing concern that 

restricting powered-lift and pilot 

designations to only a type within the 

category could impede progressive 

growth. The commenter suggested a 

basic class structure, such as a tiltrotor 

class. Another individual commenter 

added that it would be useful to have 

the option to delineate classes because 

powered-lift can have broadly similar 

characteristics (e.g., utilizing proprotors 

for thrust, fly by wire, and similar 

operating characteristics and 

performance). 

The FAA contemplated establishment 

of powered-lift classes both in the 1997 

rulemaking and in this rulemaking. 

Specifically, similar to the commenters’ 

suggestions, the FAA considered tiltrotor, tilt-wing, ducted fan, and vectored 

thrust classes. However, the FAA 

maintains that, given the lack of 

certificated powered-lift in the civilian 

market, establishing classes of poweredlift is infeasible because the powered-lift 

anticipated to enter the civilian market 

vary in unique configurations, or 

possibly a combination of 

configurations (e.g., tilt-wing, tiltpropeller, lift plus cruise, tilt plus 

cruise). The purpose of a class is to 

establish enough commonality of 

operating characteristics 68 and flight 

controls to allow for pilot skills to 

transfer from one aircraft of that class to 

another. 

For example, a multiengine airplane 

possesses ailerons, rudder, and elevator, 

all of which are controlled by flight 

controls in the flightdeck. Regardless of 

the make and model of the multiengine 

airplane being flown, these lifting 

surfaces will react similarly to flight 

control inputs by the pilot. This 

commonality of operating 

characteristics specific to airplanes 

allows for the transfer of pilot skills 

from one multiengine airplane to 

another. Additionally, many 

multiengine airplanes have feather 

propellers, propeller synchronization, 

fuel crossfeed, and other similar systems 

that pilots would recognize when 

operating a multiengine airplane from a 

broad perspective. Moreover, a pilot 

with proficiency in certain conditions 

arising from piloting an airplane with 

two engines would be similarly situated 

across this all-multiengine class of 

airplanes. For example, a pilot with a 

multiengine class rating would 

understand a published VMC, which is 

a calibrated airspeed that is marked on 

an airspeed indicator with a blue line, 

to indicate a critical airspeed a pilot 

must avoid if encountering an engine 

failure regardless of the multiengine 

airplane the pilot operates within the 

class (i.e., a transfer of skills and 

knowledge within the common set of 

characteristics).69 Unlike the 

multiengine airplane class example, the 

FAA is unable to identify 

commonalities, outside of those 

category-based characteristics, that will 

allow for transfer of pilot skills from one 

powered-lift to another within that 

group with certainty at this time. 

The FAA acknowledges the 

suggestions of classes by commenters 

(e.g., tilt-wing, tilt-propeller, etc.). 

However, the FAA maintains that the 

lack of civilian powered-lift at this time 

impedes the FAA determining that 

common characteristics of two poweredlift overcome drastically different 

characteristics in another area. For 

example, under the commenter’s 

suggestion, the Bell-Boeing V–22 Osprey 


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70Specifically, the FAA’s differences training 

framework constitutes five levels, in order of the 

increasing training and checking requirements 

necessary to address the necessary knowledge, 

skills, and abilities a pilot must demonstrate as 

applicable to an aircraft for which a pilot is already 

qualified and current during the initial transition or 

upgrade training for other related aircraft at a 

commercial operator. See AC 120–53, as revised, for 

additional information on difference levels. 

71 ‘‘Rating’’ is defined in 14 CFR 1.1 as a 

statement that, as a part of a certificate, sets forth 

special conditions, privileges, or limitations. 

72See Flight Standardization Board Report, 

Revision 11 (12/07/2020). 

73See, Advisory Circular, 120–53, as revised, 

Guidance for Conducting and Use of Flight 

Standardization Board Evaluations Appendix 1, 

Definitions and References. 

74 Given the context of the comment, the FAA 

believes that commenter intended to refer to the 

FAA’s proposal in the NPRM preamble (88 FR 

38946, June 14, 2023), specifically section V. 

Certification of Powered-lift Pilots. 

75Public Law 17–203 defines the terms 

‘‘advanced air mobility’’ and ‘‘AAM’’ as ’’a 

transportation system that transports people and 

property by air between two points in the United 

States using aircraft with advanced technologies, 

including electric aircraft or electric vertical takeoff and landing aircraft, in both controlled and 

and the AW609 would be of a common 

tiltrotor class; yet differences in inceptor 

arrangement, motion and effect of flight 

controls, and envelope protection 

strategies would result in substantially 

deviated operating characteristics such 

that a pilot’s knowledge, skills, and 

proficiency may not transfer. 

Therefore, because each powered-lift 

can have different configurations, 

unique inceptors, diversified flight 

controls, and complicated and 

distinctive operating characteristics, 

which are not traditionally present in 

overarching classes of aircraft to such a 

degree, the FAA maintains that type 

ratings best address the distinctive 

characteristics. A type rating will ensure 

the PIC possesses the requisite training 

and proficiency on each unique and 

central element of the powered-lift, 

regardless of broad characteristics that 

may be shared amongst certain 

powered-lift category. The FAA notes 

that this does not foreclose the 

possibility that classes could emerge at 

a later time. 

Type Rating Determination 

CAE stated that airman certification 

through the type rating, as determined 

by ICAO, should be tailored to the flight 

characteristics for each powered-lift as 

the aircraft may vary considerably 

depending on the aircraft design and the 

different modes in which they operate. 

Additionally, an individual requested 

that the FAA provide additional 

information as to the factors or 

standards that would be considered for 

type rating determinations. Specifically, 

the commenter asked how similarities 

or differences will be evaluated between 

two powered-lift, and what criteria will 

be used to deny or grant a type rating. 

The commenter provided a 

hypothetical, asking whether two 

powered-lift with different propulsion 

systems, control systems, or 

performance characteristics would 

require separate type ratings or whether 

they could be covered by a common 

type rating with differences training. 

As discussed in the NPRM, the FAA 

initiates a Flight Standardization Board 

(FSB) during the aircraft certification 

process for aircraft that require a type 

rating. Since each powered-lift will 

require a type rating, as set forth by 

adopted § 61.31(a)(3), an FSB will be 

formed to evaluate each powered-lift to 

make recommendations for the pilot 

type rating training (i.e., whether the 

training recommended by the 

manufacturer will enable the pilot to 

safely operate the aircraft in the NAS). 

Should a manufacturer later introduce a 

derivative or variant (e.g., model, series) 

of a type-certificated aircraft, the FAA 

will conduct another FSB of the new 

aircraft and make recommendations to 

determine whether certain aircraft 

warrant the same type rating and for any 

differences training and checking or 

special training necessary to operate the 

aircraft in the NAS. Difference levels 

specify FAA requirements proportionate 

to, and corresponding with, increasing 

differences between related aircraft.70

These processes apply equally to all 

aircraft, including powered-lift. 

Therefore, in sum, the FAA notes that 

it is possible that a common type rating 

could emerge in the future if a single 

manufacturer produced multiple 

powered-lift sharing similar designs and 

operating characteristics; the FAA will 

procedurally apply the same steps to 

powered-lift as is currently 

implemented for the establishment of a 

common type rating. 

As previously discussed, the FAA 

proposed that all PICs seeking to operate 

a powered-lift would be required to 

receive a type rating. A type rating is a 

one-time, permanent endorsement on a 

pilot certificate indicating that the 

holder of the certificate has completed 

the appropriate training and testing as 

required by the applicable section of the 

Code of Federal Regulations.71 Section 

1.1 of 14 CFR provides the definition of 

‘‘type,’’ as it pertains to a rating, as a 

specific make and basic model of 

aircraft, including modifications thereto 

that do not change its handling or flight 

characteristics. Therefore, in some 

cases, a type rating includes the series 

of aircraft (e.g., Boeing 747–400), if 

applicable, and in other cases the type 

ratings only apply to one aircraft. The 

§ 1.1 definition of type will apply to 

powered-lift as it applies to any other 

type of aircraft in the establishment of 

a type rating. Therefore, if during the 

type certification process the FAA 

determined that a make and basic model 

of powered-lift was modified, but to a 

degree so as not to change its handling 

or flight characteristics, that type rating 

might include the series of powered-lift. 

In addition, the FAA has procedures to 

establish a common type rating. A 

‘‘common type rating’’ is a term used in 

FSB reports to describe a relationship 

between type ratings for aircraft with 

different type certificates that have no 

greater than Level D training 

differences. For example, the B–757 and 

the B–767 are separate type ratings 

determined to have commonality and, 

therefore, have a common type rating.72

The type rating for a certificated aircraft 

can be determined to be related to 

another type rating of another 

certificated aircraft of the same make 

provided the aircraft meet the criteria of 

the T1 (equivalence) or the T2 (handling 

characteristics) and T3 (core pilot skills 

with no greater than Level D 

differences).73

Opposition to Removal of 

§ 61.5(b)(7)(iii) 

Airbus Helicopters expressed concern 

regarding the proposed replacement of 

current § 61.5(b)(7)(iii), which sets forth 

the ratings that may be placed on a pilot 

certificate when an applicant 

satisfactorily accomplishes the training 

and certification requirements for other 

aircraft type ratings specified by the 

Administrator through the aircraft type 

certification procedures. Airbus 

Helicopters stated that replacing current 

§ 61.5(b)(7)(iii) with ‘‘Powered-lift’’ 

could impact the normal category 

helicopter requiring a type rating and is 

not consistent with the proposal in 

‘‘Chapter V.’’ 74 The commenter 

proposed replacing the current content 

of § 61.5(b)(7)(iv) (SIC pilot type rating) 

with ‘‘powered-lift’’ instead. 

While the commenter did not clearly 

describe what consequences may result 

from the proposed changes, the FAA 

disagrees with the commenter that the 

proposed language will have 

consequences on normal category 

aircraft. The provisions are simply reordered; current § 61.5(b)(7)(iii) will 

move to paragraph (b)(7)(iv) and current 

§ 61.5(b)(7)(iv) will move to paragraph 

(b)(9). 

Simplified Flight Controls and 

Advanced Air Mobility 

Several commenters raised the topic 

of AAM 75 aircraft and powered-lift with 


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uncontrolled airspace.’’ Public Law 17–203 (Oct. 

17, 2022). 

76 ‘‘Simplified flight controls’’ here has the same 

meaning as the proposed definition contained and 

in the Modernization of Special Airworthiness 

Criteria (MOSAIC) NPRM. An aircraft with 

simplified flight controls meets three criteria: (1) 

the pilot can only control the flight path without 

direct manipulation of individual aircraft control 

surfaces or adjustment of the available power; (2) 

the aircraft is designed to prevent loss of control 

regardless of pilot input; and (3) the aircraft must 

have a means of enabling the pilot to discontinue 

flight quickly and: safely and the means by which 

flight is discontinued is designed to prevent 

inadvertent activation. See MOSAIC NPRM: 

www.federalregister.gov/documents/2023/07/24/ 

2023-14425/modernization-of-specialairworthiness-certification. 

77The term ‘‘air taxi,’’ as used by this commenter 

refers to AAM operations. It is not a reference to 

operations by an air taxi operator as defined in 14 

CFR 298.3. 

78Modernization of Special Airworthiness 

Certification NPRM, 88 FR 47650 (July 24, 2023). 

79See 88 FR 47650 (July 24, 2023), see proposed 

§ 22.180. 

80Specifically, for an aircraft to be designated as 

having simplified flight controls, proposed § 22.180 

would require: (1) the pilot could only control the 

flight path of the aircraft or intervene in its 

operation without direct manipulation of individual 

aircraft control surfaces or adjustment of the 

available power, (2) the aircraft would be required 

to be designed to prevent loss of control, regardless 

of pilot input, and (3) the aircraft would need to 

have a means to enable the pilot to discontinue the 

flight quickly and safely. See 88 FR 47674 (July 24, 

2023) for additional discussion. 

81The FAA chose not to consider powered-lift 

privileges for sport pilots, given the complexity and 

ongoing development of powered-lift designs and 

associated pilot certification considerations herein. 

simplified flight controls 76 as it relates 

to type ratings. HAI stated that many 

AAM aircraft will not need type ratings 

to be operated safely and that many 

aircraft used in air taxi 77 operations 

today generally do not require type 

ratings. HAI recommended a cautious 

approach to type ratings when 

considering aircraft under development 

to serve the AAM market, specifically 

comparing aircraft used in air taxi 

operations flying in low altitude, dense 

urban environments, and congested 

airspace, where pilots are not generally 

required to hold a type rating. 

CAE generally echoed HAI’s 

statements regarding AAM. 

Additionally, CAE stated that aircraft 

designs with later introductions to the 

NAS might be semi-autonomous and 

use more of a push-button interface, 

simplifying demands on the pilot. CAE 

cited discussion from the FAA’s 

recently published NPRM commonly 

known as MOSAIC, where the FAA 

proposed to account for certain aircraft 

to use simplified flight controls.78 CAE 

emphasized that this concept could 

apply to all aircraft, advancing 

operations toward uncrewed operations. 

Similarly, AIR VEV disagreed with 

the type rating proposal as burdensome, 

specifically as it would apply to private 

pilots (discussed in the following 

section) operating simple powered-lift 

that do not possess complex 

characteristics and safety risk aspects of 

existing aircraft that require a type 

rating. AIR VEV disagreed with the 

FAA’s assumption that all 

manufacturers intend to produce 

powered-lift for commercial purposes. 

Specifically, AIR VEV noted that, as an 

OEM, they seek to develop a poweredlift to be utilized for initial pilot 

certification at the private pilot 

certificate level and that their poweredlift will not possess the same 

characteristics underlying the reason for 

a type rating as currently set forth by 

§ 61.31. AIR VEV claimed that the type 

rating requirement is at odds with the 

MOSAIC NPRM because this poweredlift rulemaking would require a type 

rating for the entire category of light 

sport aircraft. AIR VEV urged the FAA 

to follow the MOSAIC proposal of 

training and an endorsement for those 

powered-lift with simplified flight 

controls rather than the type rating 

requirement. 

An individual also supported a caseby-case type rating determination, citing 

a variety of autonomous factors 

including, in pertinent part: complexity 

and uniqueness of control laws 

(CLAWs), level of automation, control 

strategies, and ease or difficulty of 

recovery from failure modes and 

automation response to such failures. 

The individual stated that most 

machines employ highly automated 

flight controls, which would make it 

easier for pilots to operate different 

powered-lift once they understand the 

underlying system. The individual 

stated that several manufacturers are 

working on platform-independent 

CLAWs that are highly automated and 

inquired how the FAA would respond 

if industry standardization dominated 

powered-lift designs (e.g., a single type 

rating under this commonality). 

In the MOSAIC NPRM, the FAA 

recognized the rapid advancements in 

aircraft automation and flight control 

technology and noted that interfaces 

and flight controls may no longer 

resemble those found in traditional 

flight decks specifically in the context of 

light-sport aircraft.79 Section 1.1 of 14 

CFR currently sets forth a definition for 

light-sport aircraft; the MOSAIC NPRM 

proposed to eliminate the definition in 

§ 1.1 and instead proffer performancebased standards for aircraft, including 

powered-lift, to be certificated as lightsport category aircraft. To commenters’ 

points, MOSAIC proposed § 22.180, 

which would facilitate the certification 

of aircraft designed with simplified 

flight controls subject to certain 

conditions.80

Additionally, in the MOSAIC NPRM, 

the FAA proposed certain part 61 

qualification requirements to address 

pilots and flight instructors qualified to 

operate simplified flight control 

systems. Thus, the FAA proposed 

additional training specific to the 

particular make and model of aircraft 

with a simplified flight controls 

designation to ensure a pilot would be 

sufficiently proficient in the operation 

of that aircraft. Therefore, the FAA 

proposed qualification for simplified 

flight controls be attained by training 

and an endorsement and, in some cases, 

a practical test. Specifically, MOSAIC 

would permit any certificated pilot, 

regardless of certificate level,81 who 

holds the appropriate category and class 

to operate a simplified flight controldesignated aircraft only after receiving 

the model-specific training and 

endorsement from an authorized flight 

instructor specific to the safe operation 

of each simplified flight control 

designated aircraft. 

As stated in the MOSAIC NPRM, 

simplified flight control designs will 

vary from one aircraft to another (i.e., 

model to model), necessitating the 

model-specific training. Similarly, 

powered-lift will vary from one aircraft 

to another (i.e., type to type), regardless 

of whether they possess simplified flight 

controls. Where MOSAIC proposed to 

address the variance of simplified flight 

control handling characteristics via 

training and an endorsement, this final 

rule requires a type rating of all 

powered-lift to ensure proficiency in the 

aircraft. The FAA finds that applying 

only a vague amount of training verified 

by an endorsement requirement 

mirroring that proposed in MOSAIC, as 

urged by some commenters, would 

vastly underprepare a pilot to operate a 

wholly new category of aircraft. The 

FAA notes that the training and 

endorsement regime proposed by 

MOSAIC relies on the premise that a 

pilot would already hold a pilot 

certificate in that specific category. For 

example, should MOSAIC be finalized 

as proposed, a person who holds a sport 

pilot certificate with rotorcrafthelicopter simplified flight controls 

privilege with the model-specific 

limitation who seeks to operate another 

model of rotorcraft-helicopter with 

simplified flight controls would 

complete the training and endorsement 

required by the proposal. This scenario 

is not applicable to the emergence of a 

new category of aircraft for commercial, 


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82The FAA evaluates hazards and risk, balancing 

between safety and societal burden. The FAA then 

determines its safety oversight responsibilities 

considering factors, such as complexity and 

performance, number of passengers, risk to people 

and property on the ground, risk assumed by the 

pilot/flightcrew, risk assumed by the passenger(s), 

engineering judgment. See www.faa.gov/sites/

faa.gov/files/about/office_org/headquarters_offices/ 

avs/AIR_principles.pdf, The Safety Continuum—A 

Doctrine for Application, September 2014, FAA 

Docket No. FAA–2015–1621–0018. 

83By using ‘‘part 91 private operations’’ the FAA 

interprets the commenter to refer to operations 

conducted under part 91 by private pilots. 

passenger-carrying operations such that 

training and an endorsement establishes 

an acceptable level of safety in the NAS. 

Furthermore, although many 

powered-lift coming to market employ 

some simplified flight controls, none 

have currently made it through the 

aircraft certification process. Based 

upon the understanding of the current 

industry and market, the FAA maintains 

that the powered-lift that are coming to 

market are sought to be used in 

commercial passenger-carrying 

operations. Considering the FAA’s 

safety continuum,82 a higher 

expectation of safety exists for 

commercial operations with transport 

aircraft than for a 2- or 4-passenger 

general aviation aircraft, such as a light 

sport aircraft, for a variety of factors, 

including, but not limited to, 

complexity and performance, number of 

passengers, risk to persons and property 

on the ground, risk assumed by the pilot 

and flightcrew, and risk assumed by the 

passenger. Therefore, a powered-lift 

with simplified flight controls would 

still necessitate training and operational 

rules applicable to other similarly 

situated operators using helicopters and 

airplanes to achieve this level of safety 

(e.g., the level of aeronautical 

experience, skill, and knowledge 

expected of a pilot engaging in 

commercial operations). 

The FAA agrees that it has established 

a type rating for purposes other than are 

normally considered under § 61.31(a) 

and recognizes that a type rating for a 

private pilot certificate will result in a 

dissimilar training footprint for those 

operators who seek to provide training 

at the initial private pilot certificate 

level (i.e., in airplanes and helicopters). 

However, as previously discussed, the 

FAA is unable to establish a class of 

powered-lift at this time and determined 

that a type rating is necessary, even at 

the private pilot certification level, to 

carry out the privileges of that 

certificate. 

Additionally, the FAA sought to 

remove barriers and to ensure pilot 

groups training outside of the SFAR 

could take advantage of the distance 

reduction for aeronautical experience at 

the private pilot certificate level as 

discussed in section V.F.4. of this 

preamble and does not mandate a 

private pilot also hold or concurrently 

obtain an instrument rating as discussed 

in section V.F.4. of this preamble to 

balance those operational 

considerations typical of a private pilot. 

The FAA seeks to glean data and 

information from this approach to 

inform a future rulemaking. Once a base 

of pilots emerges via the flexibility 

enabled in this SFAR, pilots will be 

joining the industry through more 

conventional means and, if necessary, 

the FAA will be able to alter its 

approach when it pursues permanent 

regulations. 

Miscellaneous Type-Rating Comments 

HAI stated that the length of the 

SFAR, while intended to be temporary, 

indirectly creates a permanent type 

rating requirement because the 

implementation cost and company 

reliance on a 10-year regulation may not 

be recovered and may be used to justify 

the type rating in perpetuity. The FAA 

notes that it proposed to permanently 

amend § 61.31(a) to include powered-lift 

as a type rating that a pilot would need 

on his or her pilot certificate. Although 

the FAA is adopting this permanent 

change, this doesn’t foreclose further 

amendments within the time frame of 

the SFAR. Future advancements in 

technology within the lifecycle of the 

SFAR, or possible emergence of a class, 

could prompt the FAA to initiate a 

rulemaking to enable that effect. 

CAE stated that some powered-lift, 

particularly those intended for part 91 

operations by private operations,83

might not require a type rating at all 

because the FSB would determine that 

no type rating is necessary. Instead, CAE 

suggested that the FSB could require 

manufacturer-required training, 

mandated by the AFM, and developed 

in accordance with AC 61–137B through 

existing authority in § 61.31(h), which 

requires ‘‘type specific’’ training and 

endorsement. NBAA echoed CAE’s 

comments. 

The FAA’s intent is to use the SFAR 

structure to provide enough time and 

operational experience to consider 

whether type ratings will be necessary 

for future AAM aircraft. At present, no 

powered-lift have obtained the amount 

of operating experience necessary to 

provide the FAA with enough 

information to justify an alternate 

approach from that which was 

proposed. However, the SFAR structure 

will provide the FAA the flexibility to 

reconsider the type rating approach to 

certification in the future after aircraft 

certification and operational experience 

deem it possible to remove the 

requirement for a type rating without an 

adverse effect on operational safety. 

With respect to CAE’s suggestion for the 

FSB to require manufacturer-required 

training utilizing the authority contain 

in § 61.31(h) rather than determine the 

applicability of a type rating, the FAA 

disagrees. Using § 61.31(h) to impose 

type-specific training requirements for 

all powered-lift would result in the 

imposition of requirements on industry 

outside the regulatory process without 

providing an opportunity for notice and 

comment. Furthermore, the FAA 

disagrees that requiring manufacturer 

required training mandated through the 

powered-lift flight manual would be an 

appropriate avenue to require typespecific training. A manufacturer is free 

to outline training in an AFM; however, 

there would be no regulatory 

requirement to ensure this training 

remained in the respective powered-lift 

flight manual past initial type 

certification. Requiring compliance with 

a training program in this manner 

would be a novel concept requiring 

FAA approval and oversight, which was 

not proposed in this rulemaking. While 

the FAA notes that part 91 operations 

are required to comply with the 

operating limitations set forth in the 

AFM, pursuant to § 91.9(a), the standing 

regulations do not require continued 

compliance or alignment with training 

programs or parameters should they be 

set forth in an AFM. 

Amendment to § 61.31(l) 

As discussed, § 61.31 sets forth 

requirements for type ratings, additional 

training, and certain authorizations. 

Paragraph (l) specifically provides 

exceptions to, first, the section as a 

whole in § 61.31(l)(1) and, second, the 

rating limitations of § 61.31(c) and (d) 

specifically in § 61.31(l)(2). Currently, 

§ 61.31(l)(1) excludes operators of 

aircraft not type-certificated as 

airplanes, rotorcraft, gliders, lighterthan-air aircraft, powered-lift, powered 

parachutes, or weight-shift-control 

aircraft from § 61.31 applicability (i.e., 

the requirement to hold category and 

class ratings). This provision is meant to 

create an exception for aircraft for 

which there is no established category 

or class rating (e.g., hoverboards, 

jetpacks). The FAA determined that use 

of the term ‘‘type-certificated’’ could 

create confusion since not all aircraft 

that meet the regulatory definition of 

airplane or rotorcraft will be typecertificated. Further, the FAA 

determined the provision could be read 

as conflicting with more specific 


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84Public Aircraft Logging of Flight Time, Training 

in Certain Aircraft Holding Special Airworthiness 

Certificates, and Flight Instructor Privileges final 

rule, 89 FR 80310 (Oct. 2, 2024). 

85For purposes of the SFAR, these individuals 

will be conducting these official duties in addition 

to complying with the SFAR for the purposes of 

receiving powered-lift ratings as FAA personnel or 

manufacturer personnel that are required for type 

certification. Definitions of these personnel for the 

purposes of this SFAR are further discussed in 

section V.F.2.i. of this preamble. 

86See § 91.9 Civil aircraft flight manual, marking, 

and placard requirements. 

87For purposes of this preamble, references to 

‘‘military pilots’’ are inclusive of former U.S. 

military pilots. 

88Military pilots who receive an FAA certificate 

through § 61.73 must continue to follow FAA 

regulations to exercise the resulting FAA 

certificate(s) (e.g., recency of experience 

requirements in § 61.57). 

89At the time of publication of this final rule, the 

only powered-lift that have entered civil operations 

are those issued an experimental airworthiness 

certificate. For those manufacturers currently 

developing powered-lift, operating limitations 

pertaining to pilot qualifications may be applied to 

experimental powered-lift. FAA Order 8900.1 Vol. 

5, Chap. 9, Sec. 2. 

exceptions for experimental aircraft in 

§ 61.31(l)(2). Therefore, the FAA 

proposed to clarify the intent of this 

exception in paragraph (l)(1) by 

specifying that the section does not 

require a category and class rating for 

operators of aircraft that are not 

identified as an aircraft under § 61.5(b). 

The FAA did not receive comments on 

this proposal and adopts § 61.31(l)(1) as 

proposed with minor non-substantive 

edits for clarity. 

The FAA further analyzed this 

revision during the pendency of this 

rulemaking and determines that a 

conforming amendment is necessary to 

implement paragraph (l)(1) as intended 

and as it applies to the facilitation of 

powered-lift pilot certification. Many 

experimental aircraft have not yet 

achieved type-certification. As such, 

prior to removing the term ‘‘typecertificated’’ from paragraph (l)(1), the 

category and class exception in that 

paragraph would have applied to those 

experimental aircraft ‘‘not typecertificated.’’ Therefore, pilots utilizing 

experimental aircraft are excepted from 

holding a category and class rating for 

those aircraft ‘‘not type-certificated’’ set 

forth in current § 61.31(l)(1), provided 

no other rule or aircraft operating 

limitation requires them. The adopted 

revision to § 61.31(l)(1) clarifies that 

pilots of such experimental aircraft will, 

indeed, be required to hold category and 

class ratings, unless one of the 

exceptions noted in § 61.31(l)(2) applies. 

Specific to experimental aircraft, 

§ 61.31(l)(2)(iii)(B) excepts a person 

operating an aircraft under the authority 

of an experimental certificate from the 

rating limitations of § 61.31(c) and (d), 

provided the person holds a pilot 

certificate and no passengers are carried. 

Effectively, a certificated pilot could 

operate without the relevant category, 

class, or type, if applicable, provided no 

passengers are carried, and provided no 

other rule or operating limitation 

requires them. 

One purpose of the SFAR is to 

develop a pool of rated powered-lift 

pilots and instructors. As discussed in 

section V.F. of this preamble, test pilots 

and instructor pilots will operate the 

experimental powered-lift to provide 

the flight training set forth in new part 

194. The FAA reviewed whether the 

revision to § 61.31(l)(1) could have an 

unintended consequence requiring the 

operator of an experimental powered-lift 

to hold category, class, and comply with 

any other ratings limitations of § 61.31, 

adversely impacting the development of 

the powered-lift fleet and initial pilot 

cadre by requiring instructors to hold a 

powered-lift category rating to provide 

flight training. Specifically, even though 

the powered-lift will be experimental, it 

will still be identified as an aircraft 

under § 61.5(b) (i.e., a powered-lift). 

While § 61.31(l)(2)(iii)(B) states that the 

rating limitations of § 61.31(c) and (d) 

do not apply to the holder of a pilot 

certificate when operating an aircraft 

under the authority of an experimental 

certificate, this exception only applies 

specifically when the operation does not 

involve the carriage of passengers. 

With the recent publication of the 

Public Aircraft Logging of Flight Time, 

Training in Certain Aircraft Holding 

Special Airworthiness Certificates, and 

Flight Instructor Privileges final rule,84

§ 61.1(b) now defines ‘‘passenger’’ for 

purposes of part 61 as any person on 

board an aircraft other than a 

crewmember; FAA personnel; 

manufacturer personnel required for 

type certification; or a person receiving 

or providing flight training, checking, or 

testing as authorized by part 61. The 

FAA finds it unnecessary to further 

modify § 61.31(l)(2)(iii)(B) as it pertains 

to powered-lift because the definition of 

passenger excludes FAA personnel and 

manufacturer personnel associated with 

type certification. The regulation now 

explicitly allows these persons to be 

carried onboard without the PIC holding 

category and class ratings because they 

are onboard the experimental aircraft for 

specific purposes, generally to fulfill 

regulatory obligations, and possess 

knowledge of the risks associated with 

those purposes (e.g., flight test 

engineers).85 As written, 

§ 61.31(l)(2)(iii)(B) will continue to 

enable pilots of experimental aircraft to 

operate without holding the relevant 

category or class rating in the 

circumstances previously described. 

Importantly, in accordance with 

§ 91.319(i), the Administrator may 

prescribe additional limitations to 

experimental aircraft, including 

limitations on the persons that may be 

carried in the aircraft. These additional 

limitations may require pilots to hold 

category, class, or other ratings or 

limitations in certain situations. These 

additional limitations are issued as 

operating limitations at the time of 

airworthiness certification of the aircraft 

and must be complied with, in 

accordance with § 91.9.86

B. Applicability of the Type Rating 

Requirement to Military Pilots 

Currently, § 61.73(a) permits a 

military pilot or former military pilot 87

who meets certain requirements to 

apply based on their military pilot 

qualifications for a commercial pilot 

certificate with the appropriate category 

and class rating, an instrument rating 

with the appropriate aircraft rating, and 

a type rating.88 Similarly, a military 

instructor pilot or pilot examiner 

(including a former instructor pilot and 

former pilot examiner) may apply for a 

flight instructor certificate with 

appropriate ratings, subject to certain 

requirements under § 61.73(g). 

The NPRM did not propose any 

changes to these processes as it relates 

to powered-lift; in other words, military 

pilots with the appropriate experience 

and documentation may apply for a 

commercial pilot certificate with a 

powered-lift category rating, an 

instrument-powered-lift rating, a 

powered-lift type rating, and a flight 

instructor certificate with powered-lift 

category and/or instrument-powered-lift 

ratings under § 61.73. In fact, currently, 

the only FAA-certificated powered-lift 

pilots are those who have received their 

certificates through military 

competency. However, due to the 

absence of any type-certificated 

powered-lift,89 military pilots who have 

received an FAA powered-lift category 

rating are currently limited in their 

ability to exercise those privileges in 

civil operations. 

ALPA supported the FAA’s position 

that military experience in powered-lift 

should not by itself waive the 

requirement to obtain a type rating. 

ALPA also agreed that military pilots 

should be able to receive a military 

equivalent of a commercial powered-lift 

instrument certificate, but that 

experience should not exempt those 

pilots from completing the requisite 

training and certification required for 


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90Under § 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. 

91See FAA Order 8900.1, Volume 5, Chapter 2, 

Section 19, Table 5–88. 

92The SIC qualification requirements apply to 

persons seeking to serve as SIC of an aircraft typecertificated for more than one required pilot flight 

crewmember or in operations requiring an SIC pilot 

flight crewmember in part 91 (excluding subpart K 

of part 91). 

93See section V.H.2.i. of this preamble for 

additional discussion regarding a powered-lift 

category and type rating without an instrument 

rating. If a pilot held a ‘‘VFR only’’ limitation on 

their pilot certificate, the pilot could serve as SIC 

in VFR operations only. 

94The FAA notes that the provisions of § 61.55 

would be applicable to operations conducted in 

accordance with part 91, while part 91, subpart K, 

and part 135 have additional requirements before a 

person may serve as a SIC in those operations. 95Section 61.55(b). 

civilian pilots for a powered-lift type 

rating. HAI stated that, if type ratings 

are required as proposed, military pilots 

should be allowed to obtain that rating 

for the aircraft the military pilot 

operated, or any civilian version of that 

aircraft, with requisite civilian pilot 

training provided by the employer. HAI 

stated this would make development of 

the initial cadre less dependent on 

manufacturers. 

As previously discussed in section 

V.A. of this preamble, the FAA will 

require pilots to hold a type rating for 

each powered-lift they fly, which would 

equally apply to military pilots. 

Currently, a military pilot could apply 

for a type rating for certain aircraft on 

the basis of the pilot’s military 

experience, and this final rule does not 

change that allowance extended to 

military pilots seeking to operate 

civilian powered-lift. Specifically, an 

aircraft type rating may be issued to a 

military pilot through § 61.73(e) only for 

a type of aircraft that has a comparable 

civil type designation by the 

Administrator. Because there are 

currently no military powered-lift for 

which comparable civil type ratings 

have been designated, military pilots 

with powered-lift experience are unable 

to obtain a powered-lift type rating 

pursuant to § 61.73 and, therefore, are 

limited to the issuance of a powered-lift 

category rating and an instrumentpowered-lift rating. However, should a 

civil type-certificated version of a 

military powered-lift become available, 

pilots with the appropriate military 

experience, as identified in § 61.73, 

would be eligible to receive the type 

rating in the same manner that airplane 

and rotorcraft military pilots currently 

receive them. Those military instructors 

who have obtained or will obtain a 

flight instructor certificate with a 

powered-lift category and instrument 

rating through military competency 

would be permitted to conduct flight 

training in a powered-lift only after 

obtaining a type rating on their pilot 

certificate for the powered-lift in which 

they conduct flight training.90

ALPA accurately noted that, as 

previously explained, the FAA’s current 

regulatory framework does not restrict a 

military pilot from obtaining a poweredlift category rating on a pilot certificate 

provided the military pilot meets the 

requirements set forth in § 61.73. There 

are no civilian powered-lift to date that 

have completed FAA type certification, 

however, the U.S. Armed Forces 

maintains and utilizes powered-lift in 

military operations (e.g., the Bell-Boeing 

V–22 Osprey, McDonnell Douglas AV– 

8 Harrier, F–35B Lightning II STOVL), 

where pilots establish experience 

operating these powered-lift. Should 

these military powered-lift transition 

into civilian operations and receive a 

comparable civilian type designation, 

the military pilot could apply to receive 

that aircraft type rating in accordance 

with § 61.73, as supported by HAI. 

While the FAA does not anticipate 

surplus military powered-lift to enter 

civilian operations during the period of 

this SFAR, if such a scenario occurred, 

the FAA would follow existing 

regulations, policies, and procedures to 

address military surplus powered-lift as 

the FAA currently evaluates surplus 

military airplanes and rotorcraft.91

Specifically, type ratings are designated 

for military surplus aircraft with civilian 

certificate type ratings through the FSB 

process, which would evaluate each 

respective powered-lift. 

Because the allowances in § 61.73 

apply equally to powered-lift as 

rotorcraft and airplanes and for the 

reasons previously discussed, the FAA 

determined there is no need for changes 

to military competency regulations in 

this final rule. 

C. Applicability of the SIC Qualification 

Requirements of § 61.55 to Powered-Lift 

Section 61.55 prescribes the 

qualifications for a person seeking to 

serve as second-in-command (SIC) of 

certain aircraft,92 requiring a person to 

hold (1) at least a private pilot certificate 

with the appropriate category and class 

rating, (2) an instrument rating or 

privilege that applies to the aircraft 

being flown if the flight is under IFR.93

Additionally, unless the flight will be 

conducted as a domestic flight operation 

within the U.S. airspace, the person 

must hold at least a pilot type rating 

(SIC Privileges Only) for the aircraft 

being flown. Given the diverse 

characteristics of powered-lift, the FAA 

considered whether a person serving as 

SIC of a powered-lift should also be 

required to hold a powered-lift type 

rating on their pilot certificate and 

found the SIC qualification 

requirements of § 61.55 to be largely 

sufficient to serve as SIC of a poweredlift in part 91 operations (excluding 

operations conducted under subpart K 

of part 91).94 Specifically, a person 

seeking to serve as SIC would be 

required to hold the appropriate 

powered-lift category rating on their 

pilot certificate and complete 

familiarization training and certain pilot 

time 95 in the specific type of poweredlift for which SIC privileges are sought. 

Additionally, while the experience an 

SIC obtains in the powered-lift category 

may differ from type to type, for a pilot 

who has passed the practical test in a 

powered-lift capable of performing all 

the tasks required by the ACS, the 

existing SIC familiarization training 

would ensure persons seeking to act as 

SIC would gain sufficient experience 

operating the specific type of poweredlift before acting as SIC of that poweredlift. Therefore, despite adopting the 

requirement that a powered-lift PIC 

must hold a type rating, the FAA 

maintains in this final rule that there is 

no need to impose requirements beyond 

those contained in § 61.55 for persons 

seeking to serve as SIC of a powered-lift, 

except where a pilot does not receive 

training in a specific task as 

subsequently discussed. 

The FAA recognizes that some 

powered-lift may not be able to perform 

all tasks required on the applicable 

ACS. When this occurs, proposed 

§ 194.207 of this SFAR would enable an 

examiner to waive the task on the 

practical test. Therefore, a person may 

obtain a powered-lift category rating on 

their pilot certificate, thereby meeting 

the requirement in § 61.55(a) to hold at 

least a private pilot certificate with the 

applicable category rating, but not have 

performed all the tasks specified in the 

ACS. This person may then seek to 

serve as SIC of a powered-lift type that 

is capable of performing the task for 

which the pilot was never trained or 

tested. To ensure an SIC is trained and 

found proficient on any tasks that were 

omitted on the practical test prior to 

serving as SIC of a different powered-lift 

that is capable of performing that task, 

the FAA proposed new § 61.55(a)(4), 

which is adopted in this final rule. 

Specifically, § 61.55(a)(4) will require a 

person serving as an SIC of a poweredlift to satisfy the requirements as 

specified in new § 194.209(a). Section 

194.209(a) will require additional 


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96See ICAO Annex 1, paragraphs 2.1.3.2, 

2.1.4.1(b), and 2.1.4.1.1. 

97The FAA notes that HAI’s comment specifically 

referred to ‘‘1200’’ pounds, however, the FAA 

believes this was a typo and HAI intended 

‘‘12,500.’’ 

98The following are operating rules that require 

a second pilot: §§ 91.5, 91.109(c), 91.189, 91.1049, 

135.99, 135.101, and 135.111. The FAA notes that 

§ 91.531 specifies certain criteria that would be 

applicable when a second pilot is required to 

operate an airplane. 99Additionally, § 194.215(a) requires a person 

utilizing the SFAR and relief herein to hold certain 

non-powered-lift certificates prior to seeking a 

powered-lift category and type rating, which, by 

virtue of holding the certificates and ratings, 

includes the demonstration of certain skills in the 

NAS such as communication with ATC services, 

navigation, weather, communication. 

100The FAA recommends the authorized 

instructor utilize the applicable ACS in determining 

whether a pilot has demonstrated proficiency of a 

task as the ACS specify the approved standard for 

tasks under an area of operation. 

training and an endorsement to ensure 

the person seeking to serve as SIC of a 

powered-lift capable of performing tasks 

that were waived on the person’s 

practical test (by utilizing a powered-lift 

precluded from certain tasks) is trained 

and found proficient. This amendment 

is intended simply to inform all persons 

seeking to act as SIC of a powered-lift 

pursuant to § 61.55 and ensure 

awareness of the new temporary 

requirements and the situation under 

which they would apply and is adopted 

as proposed. 

Additionally, § 61.55 provides for the 

issuance of an SIC pilot type rating, 

which is required unless the flight will 

be conducted as a domestic flight 

operation within U.S. airspace. This 

requirement to hold the SIC pilot type 

rating outside U.S. airspace conforms 

the FAA pilot type rating requirements 

to the ICAO pilot type rating 

standards.96 To obtain the SIC pilot type 

rating, a person may either complete the 

SIC familiarization training § 61.55(b) 

subject to certain conditions set forth in 

§ 61.55(d) or may complete certain SIC 

training programs or checks as set forth 

in § 61.55(e). The FAA did not propose 

any revisions to this requirement or 

options to obtain the pilot type rating, 

as this rating is required to operate 

powered-lift in international airspace as 

it applies to any other aircraft. 

Therefore, this final rule continues to 

apply the current SIC pilot type rating 

requirements of § 61.55 to persons 

seeking SIC privileges in a powered-lift. 

The FAA received several comments 

regarding the proposed §§ 194.207 and 

194.209. HAI noted that SIC pilots 

would likely not be needed in 

operations conducted in many of the 

AAMs currently under development. 

HAI stated that aircraft under 12,500 97

with four to six seats do not require an 

SIC and additionally referenced that 

these aircraft will most likely be flown 

by part 135 operators required to 

provide pilots with training appropriate 

to the operations. 

The FAA agrees that many anticipated 

powered-lift operations will not require 

an SIC and notes a second pilot is 

required to operate an aircraft if (1) the 

type certificate (TC) for the aircraft 

requires two pilots, or (2) an operating 

rule requires two pilots for the 

operation.98 The FAA did not propose 

any new operating requirements that 

would create additional scenarios under 

which a second pilot would be required 

to operate a powered-lift other than 

those already applicable to all aircraft. 

ALPA disagreed that the current SIC 

requirements of § 61.55 sufficiently 

ensure safety for powered-lift. ALPA 

noted that powered-lift will not be 

designed to have similar controls or 

flight characteristics from type to type 

and recommended that SICs be typerated to ensure required crew members 

are appropriately trained. ALPA also 

stated that only having basic familiarity 

with the type of powered-lift for which 

SIC privileges are sought is an 

insufficient safety assurance. Similarly, 

an individual commenter recommended 

that the FAA reserve the right to require 

SICs to be type-rated on specific 

powered-lift based on factors such as 

complexity, operating environment, 

adverse low airspeed handling qualities, 

and level of automation. 

The FAA maintains that a person 

seeking to serve as SIC is sufficiently 

qualified by way of holding the 

powered-lift category on at least a 

private pilot certificate and completing 

familiarization in the specific type of 

powered-lift for which privileges are 

sought (and holding an instrument 

rating when the flight operates under 

IFR). First, because this SFAR enables a 

person to obtain a commercial pilot 

certificate with a powered-lift category 

rating, the initial pool of pilots serving 

as an SIC will hold a higher level of 

certificate than that minimum required 

by § 61.55(a).99 Second, the regulations 

already account for the possible gap in 

proficiency with certain characteristics 

unique to a type of powered-lift: for 

example, operational procedures, 

performance specifications, and 

emergency procedures. 

Section 61.55(b)(1) requires the person 

seeking to serve as SIC of a powered-lift 

to become familiar with information for 

the specific type of powered-lift for 

which SIC privileges are sought. This 

familiarization must include the 

operational procedures applicable to the 

powerplant, equipment, and systems; 

performance specifications and 

limitations; normal, abnormal, and 

emergency operating procedures; flight 

manual; and placards and markings. 

Additionally, under § 61.55(b)(2), the 

person would be required to log pilot 

time in the type of powered-lift that 

includes the performance of three 

takeoffs and landings to a full stop as 

the sole manipulator of the flight 

controls, engine-out procedures and 

maneuvering with an engine out while 

executing the duties of PIC, and crew 

resource management training. Given 

these experience considerations, the 

FAA does not find a safety gap to 

warrant different treatment of poweredlift SICs than SICs for other categories 

of aircraft that may differ from type to 

type, as well. Therefore, the FAA 

maintains that the minimum 

qualifications of § 61.55(a), which will 

be exceeded in practice, in tandem with 

familiarization training on the particular 

type of powered-lift will adequately 

inform and prepare a pilot to serve as 

SIC without holding the specific type 

rating for the powered-lift. 

The FAA recognizes the scenario 

where a person could hold a 

commercial pilot certificate with a 

powered-lift category and type rating for 

an aircraft that cannot perform certain 

maneuvers and seeks to serve as SIC of 

a powered-lift that is capable of 

performing the tasks that were waived 

on that person’s practical test. In this 

case, the FAA does agree a safety gap 

exists. However, as previously 

referenced, the FAA finds that 

§ 194.209(a) as proposed and adopted 

herein sufficiently addresses this safety 

gap. To the extent a pilot completes a 

practical test in a powered-lift that was 

precluded from performing each task 

required by § 61.43(a)(1) and, therefore, 

has not demonstrated proficiency on 

such task(s) before an examiner, 

§ 194.209(a) will prohibit that pilot from 

serving as SIC of a powered-lift that is 

capable of performing the tasks that 

were waived on the person’s practical 

test until certain requirements are met. 

Rather, to serve as SIC, the person must 

receive and log ground and flight 

training from an authorized instructor 

on the specific tasks that were waived, 

culminating in a logbook or training 

record endorsement from the authorized 

instructor certifying that the person has 

satisfactorily demonstrated proficiency 

in those tasks.100 The FAA finds that 

these additional requirements combined 

with the SIC qualification requirements 

prescribed in § 61.55 (e.g., 

familiarization training) address a 


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101Additionally, the PIC, who would hold a type 

rating, remains directly responsible for and is the 

final authority as to the operation of that poweredlift. 14 CFR 1.1 and § 91.3(a). 

102AWPC also emphasized that aligning with 

ICAO Annex 1 2.1.1.4 recommendation would 

alleviate the § 61.55 flight training dilemma. 

Section V.A. of this preamble addresses AWPC’s 

ICAO comments, and the FAA trusts the relief 

adopted by this final rule, as subsequently 

discussed, adequately alleviates AWPC’s concerns. 

103This would also not be an issue for FAA test 

pilots or aviation safety inspectors, who are added 

to the alternate SFAR framework as discussed in 

section V.F.2.i.d. of this preamble, for the same 

reasons. 

possible safety gap in differing, new, or 

absent flight characteristics.101

However, in the NPRM, the FAA 

identified two instances where a person 

seeking to act as SIC should be excepted 

from the aforementioned training and 

endorsement requirements set forth by 

§ 194.209(a). 

First, some pilots may seek to obtain 

multiple type ratings on their pilot 

certificate. Under § 194.209(b)(1), a 

person seeking an additional type rating 

could forgo the training and 

endorsement requirements described 

previously if that person subsequently 

passes a practical test for a type rating 

in a powered-lift that is capable of 

performing all the tasks specified in the 

ATP and Type Rating for Powered-Lift 

Category ACS in accordance with 

§ 61.43(a). For example, if a pilot is 

type-rated in powered-lift A that is not 

capable of performing stalls and, 

therefore, the task was waived during 

the pilot’s practical test. That pilot then 

seeks a type rating in powered-lift B, 

which is capable of performing stalls 

and, therefore, the pilot demonstrates 

proficiency in that task during the 

practical test. If the pilot then seeks to 

serve as SIC on powered-lift C, which is 

also capable of performing stalls, the 

person would not be required to receive 

ground and flight training in accordance 

with § 194.209(a), because they will 

have already demonstrated proficiency 

on the task that was initially waived 

through powered-lift B’s type rating 

practical test. 

The second scenario applies to pilots 

operating under subpart K of part 91 

and part 135. A person employed by a 

fractional ownership program as set 

forth in subpart K of part 91 or a person 

employed by a certificate holder 

authorized to conduct operations under 

part 135 may receive training and a 

competency check in a powered-lift that 

includes the tasks that were waived on 

the person’s practical test for a 

commercial pilot certificate with a 

powered-lift category rating. In 

accordance with § 135.323, a part 135 

air carrier or operator is required to 

establish and implement an approved 

training program that ensures each pilot 

is adequately trained to perform their 

assigned duties. Under § 135.323, the 

pilot must receive ground and flight 

training in the accompanying type of 

powered-lift and complete a 

competency check under § 135.293 

every 12 calendar months. Similarly, 

under § 91.1073, each program manager 

must establish and implement an 

approved training program that ensures 

each crewmember is adequately trained 

to perform their assigned duties, and 

§ 91.1065 requires each pilot to pass a 

competency check every 12 calendar 

months. 

In light of the previously discussed 

waiver authority, without relief, a 

situation may arise where a person 

receives training on the task that was 

previously waived on the person’s 

practical test and subsequently 

completes a competency check that 

includes the task. Therefore, in 

§ 194.209(b)(2), the FAA proposed an 

exception to the training and 

endorsement requirements for those 

pilots seeking to serve as an SIC who 

have received ground and flight training 

under an approved training program 

and have satisfactorily completed a 

competency check under § 135.293 or 

§ 91.1065 in a powered-lift, provided 

the approved training program and 

competency check include each task 

that was previously waived on the 

person’s practical test. 

AWPC identified a situation where 

application of § 61.55 as written would 

not fully enable a pilot to receive 

training in a powered-lift type 

certificated with a minimum crew of 

two pilots. AWPC expressed concern 

that the FAA’s position would mean 

that flight instruction could not be 

provided on an aircraft with a minimum 

crew of two pilots unless the pilot 

receiving training already meets the 

requirements of § 61.55 by holding a 

certificate with powered-lift category 

and instrument ratings. AWPC stated 

that the proposed SFAR should address 

entry into service for powered-lift that 

will be type-certificated with a 

minimum crew of two pilots and 

recommended providing relief to § 61.55 

to avoid a scenario where only pilots 

qualified through military competency 

may serve as flightcrew members.102

The FAA acknowledges the barriers 

that would be encountered for flight 

training in powered-lift type certificated 

for two pilots because, while the 

instructor will hold ratings to serve as 

PIC, the person receiving flight training 

will not have the powered-lift ratings 

required by § 61.55(a) to serve as SIC. 

Under the traditional airman 

certification framework, an applicant for 

a commercial pilot certificate will 

already hold the private pilot certificate 

and ratings required by § 61.55(a) by 

having received flight training in (1) an 

aircraft that does not require more than 

one required pilot flight crewmember, 

or (2) an aircraft type-certificated for 

two pilots because they would hold the 

private pilot certificate and ratings 

necessary to receive the familiarization 

training that would qualify them as an 

SIC under § 61.55. 

However, the lack of pilots with a 

powered-lift category rating at any 

certificate level (here, specifically, a 

private pilot certificate with a poweredlift category rating) creates a barrier in 

qualification as an SIC for any operation 

involving a powered-lift type 

certificated for two pilots, including 

training flights. The two affected 

populations of pilots under the SFAR 

would be (1) the initial cadre of pilots 

receiving flight training at the OEM, and 

(2) the pilots receiving training at the 

approved training program under part 

135, 141, or 142. This would not be an 

issue to test pilots and instructor pilots 

because these pilots will be operating an 

experimental powered-lift (i.e., not yet 

type-certificated for two pilots) and will 

be authorized to act as required 

crewmembers in accordance with a 

letter of authorization issued by the 

FAA for the conduct of flights during 

the powered-lift type certification 

process.103

The FAA agrees that, without relief, 

powered-lift type-certificated for two 

pilots would only be able to utilize 

pilots already holding a commercial 

pilot certificate with a powered-lift 

category (and instrument rating when 

the flight is under IFR) from the military 

competency provisions of § 61.73, 

largely inapplicable to new powered-lift 

pilots engaging in flight training (i.e., 

those pilots would already hold 

powered-lift ratings and, therefore, 

would not be engaging in the alternate 

framework of the SFAR). A lack of relief 

would essentially create a barrier to all 

flight training in powered-lift type 

certificated for two pilots for the initial 

cadre of pilots receiving training at the 

OEM and the pilots receiving training at 

an approved training program. 

Therefore, the FAA finds it necessary 

to provide relief for the initial cadre of 

instructors and pilots receiving training 

under an approved training program 

who are seeking a commercial pilot 

certificate with a powered-lift category 

rating and an instrument-powered-lift 

rating in a powered-lift type certificated 

for more than one required pilot flight 


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104At this time of this rulemaking, the SIC 

requirements applied only to large airplanes and 

turbojet powered multiengine airplanes type 

certificated for more than one required pilot flight 

crewmember. In 1986, the FAA extended the SIC 

pilot qualifications to include helicopters typecertificated for more than one required pilot flight 

crewmember (51 FR 40692, Nov. 7, 1986), citing the 

similar operating complexities of helicopters type 

certificated for more than one pilot and higher level 

of safety provided through specific training and 

flight testing of pilots (50 FR 10144, Mar. 13, 1985). 

105NPRM, Second-in-command qualifications 

and pilot-in-command proficiency checks, 36 FR 

5247 (Mar. 18, 1971), adopted in 1972 as a final rule 

(37 FR 14758). Renumbered from § 61.46 to § 61.55 

in 1973 (38 FR 3161). 

106Preflight Preparation, ATC Clearances and 

Procedures, and Navigation Systems. 

107Preflight Procedures, Emergency Operations. 108 §§ 61.63(b)(1) and 61.125(a). 

crewmember. The SIC requirements 

were initially codified to ensure 

sufficient experience prior to operating 

sophisticated aircraft,104 taking into 

account the aircraft’s specific operating 

characteristics. In that codification, the 

FAA found that the certificate 

prerequisites currently set forth in 

§ 61.55(a) sufficiently addressed the 

operation of sophisticated aircraft, while 

the familiarization requirements of 

§ 61.55(b) sufficiently addressed the 

aircraft’s specific operating 

characteristics.105 Likewise, the FAA 

finds that temporary relief in new 

§ 194.209(c), in tandem with the 

mitigations set forth in the training 

program itself, will sufficiently address 

the unfamiliar operating characteristics 

an applicant would encounter during 

flight training in a powered-lift type 

certificated for two required flight 

crewmembers such that the flight 

maintains a high degree of safety. 

Specifically, new § 194.209(c) will 

permit applicants receiving training in a 

powered-lift in accordance with 

§§ 194.221, 194.223, 194.229, and 

194.231 to serve as SIC during those 

training flights without meeting the 

requirements in § 61.55(a)(1), (a)(2), and 

(b)(2). In sum, a person receiving flight 

training under certain provisions of the 

SFAR would be excepted from (1) 

holding a powered-lift category rating 

on the person’s private pilot certificate, 

(2) holding an instrument-powered-lift 

rating (if the flight is flown under IFR), 

and (3) performing and logging flight 

pilot time in the type of aircraft or in a 

flight simulator for which SIC privileges 

are requested. However, the applicant 

would still be expected to meet 

§ 61.55(b)(1) prior to flight time 

designated as the SIC (i.e., the training 

flights), as subsequently discussed. 

First, applicants receiving training in 

accordance with §§ 194.221, 194.223, 

194.229, and 194.231 must possess the 

prerequisites set forth by § 194.215(a) 

(i.e., at least a commercial pilot 

certificate with a category and class 

rating and the applicable instrument 

rating). By virtue of holding a 

commercial pilot certificate and an 

instrument rating, the applicant would 

possess greater aeronautical experience 

than the current requirements set forth 

in § 61.55(a), which requires at least a 

private pilot certificate. The FAA 

recognizes that this aeronautical 

experience will not be in the applicable 

category in which the applicant seeks to 

serve as PIC (i.e., the pilot will hold an 

airplane or helicopter rating on their 

commercial pilot certificate but seek to 

serve as SIC in a powered-lift). The FAA 

finds the possibility of a safety gap is 

mitigated both by the significantly 

higher amount of aeronautical 

experience that a commercial pilot must 

attain and standard of proficiency and 

competency a commercial pilot must 

demonstrate on the practical test as 

opposed to a private pilot. This includes 

valuable experience operating in the 

NAS, communicating with ATC, 

interacting with other air traffic, and 

acting as PIC of an airplane or 

helicopter, all of which generally 

translate to a degree to the basic duties 

and responsibilities of a SIC where other 

mitigations, subsequently discussed, 

exist for the purpose of flight training. 

Additionally, under the SFAR, a 

person must also hold the 

corresponding instrument rating as part 

of the prerequisites in § 194.215(a). 

Again, the FAA recognizes this will not 

be the appropriate instrument rating as 

set traditionally required to act as SIC if 

the flight is flown under IFR as forth in 

§ 61.55(a)(2). However, the same 

concept applies insofar as the person 

will possess experience and have 

demonstrated skill operating an airplane 

or helicopter under IFR. Further, many 

of the skill elements a person must 

demonstrate on the practical test for the 

instrument-airplane or instrumenthelicopter exist on the instrumentpowered-lift practical test as well. For 

example, a person with an existing 

instrument-airplane or instrumenthelicopter rating is not required to 

demonstrate any of the tasks under AOO 

I, III, or V 106 on the instrumentpowered-lift practical test, and only 

demonstrate a limited number of tasks 

under AOO II and VII.107 Therefore, the 

FAA finds this foundational level of 

instrument experience, in tandem with 

the other mitigations described herein, 

provides a person with sufficient 

experience to serve as SIC in a flight 

training operation for which the person 

does not hold the ‘‘appropriate’’ 

instrument rating in the powered-lift. 

As discussed, § 61.55(b) was 

implemented to ensure a designated SIC 

is sufficiently knowledgeable in the 

specific operational characteristics of an 

aircraft type certificated for more than 

one pilot flightcrew member. 

Specifically, under § 61.55(b), the 

applicant would be required to meet the 

familiarization requirements set forth 

under paragraph (b)(1). Additionally, 

the applicant would be required to 

complete the pilot time in the type of 

powered-lift, or in a flight simulator 

representing the type of powered-lift, set 

forth under paragraph (b)(2). The pilot 

time under § 61.55(b)(2) must include 

three takeoffs and landings to a full stop 

as the sole manipulator of the flight 

controls, engine out procedures and 

maneuvering with an engine out while 

executing the duties of PIC, and crew 

resource management training. The FAA 

finds this paragraph (b)(2) to present a 

barrier to the flights for the purpose of 

flight training, as the applicant cannot 

be expected to sufficiently demonstrate 

these maneuvers before receiving flight 

training on such maneuvers. Moreover, 

the applicant would be actively 

becoming proficient in these maneuvers 

by nature of accomplishing flight 

training for certification. Therefore, the 

person would not be required to meet 

§ 61.55(b)(2). 

However, while there are 

foundational skills and proficiency 

elements that translate between the 

prerequisite ratings and the duties of an 

SIC in a powered-lift for the purposes of 

the narrowly tailored flight training 

operations, the FAA finds it crucial for 

a person to be adequately familiar with 

the specific type of powered-lift on 

which the person will be serving as SIC. 

Therefore, to ensure an appropriate 

level of safety while simultaneously 

enabling operators of powered-lift 

certificated with more than one required 

pilot flight crewmember to train in the 

aircraft, the FAA will continue to 

require the person to meet § 61.55(b)(1). 

Specifically, before the person may 

serve as SIC for flight training in the 

powered-lift, the person must become 

familiar with the information set forth 

by § 61.55(b)(1)(i) through (v). The FAA 

notes that, like the application of 

§ 61.55(b)(1) to any person seeking to 

serve as SIC regardless of aircraft, there 

is no minimum time or standardized 

delivery requirement for such 

familiarization. For example, because a 

person would be required to complete 

ground training for the powered-lift 

category rating,108 the person could 

complete the requisite SIC 

familiarization as part of the ground 


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109Additionally, § 61.195(g)(1) references the 

requirements in § 91.109, stating that a flight 

instructor must perform all training from in an 

aircraft that complies with the requirements of 

§ 91.109. Further, § 61.195(g)(2) requires the aircraft 

that a flight instructor provides flight training for 

a pilot certificate or rating issued under part 61 to 

have at least two pilot stations and be of the same 

category, class, and type, if appropriate, that applies 

to the pilot certificate or rating sought. 

110 § 91.109(a)(1). 

111 § 91.109(a)(2). 

112The applicant’s pilot certificate will be issued 

with a limitation that states: ‘‘The [name of the 

additional type rating] is subject to pilot in 

command limitations,’’ and the applicant is 

restricted from serving as pilot in command in an 

aircraft of that type. § 61.64(f)(2). 

113Additionally, the applicant must log each 

flight and the pilot in command who observed the 

flight must attest to each flight, the applicant must 

obtain the flight time while performing the duties 

of pilot in command; and finally, the applicant 

must present evidence of the supervised operating 

experience to a flight standards office to have the 

limitation removed. See § 61.64(g)(2),(3), and (4). 

training, as long as the subjects in 

§ 61.55(b)(1)(i) through (v) specific to 

the powered-lift type to be operated 

were present. 

D. Dual Controls Considerations Related 

to Flight Training and Supervised 

Operating Experience 

1. Introduction 

In the NPRM, the FAA did not 

propose any relief in the SFAR to the 

long-standing requirement that an 

aircraft must have dual controls for 

certain operations. 

Section 91.109(a) stipulates that no 

person may operate a civil aircraft that 

is being used for flight instruction 

unless that aircraft has fully functioning 

dual controls.109 This requirement is 

subject to limited exceptions including 

(1) manned free balloons 110 and (2) 

instrument flight instruction in an 

airplane equipped with a single, 

functioning throwover control wheel, 

provided the instructor has determined 

that the flight can be conducted safely 

and the person manipulating the 

controls has at least a private pilot 

certificate with appropriate category and 

class ratings.111 The prerequisite 

certificate and rating requirement 

ensures the person receiving instrument 

flight instruction in the airplane has 

previously demonstrated foundational 

knowledge and proficiency appropriate 

to the category and class in the airplane 

in which training occurs. The throwover 

control wheel also provides a means for 

the authorized instructor to directly 

intervene, when necessary, in the 

interest of safety. 

Similarly, an aircraft must have dual 

controls if it is used to conduct 

supervised operating experience under 

§ 61.64(g). Section 61.64 details 

requirements for certain situations when 

training or any portion of a practical test 

is conducted in an FSTD. Under 

§ 61.64(f), if an applicant for a certificate 

or rating in a powered-lift uses an FSTD 

for any portion of the practical test and 

does not meet the experience 

requirements set forth in § 61.64(e) and 

does not complete the specific tasks on 

the practical test listed in § 61.64(f)(1) in 

an aircraft, then the applicant’s pilot 

certificate is issued with a PIC 

limitation.112 Per § 61.64(g), the 

applicant may remove the limitation by, 

in part, completing 25 hours of flight 

time in an aircraft of the appropriate 

category, class (if a class rating is 

required), and type for which the 

limitation applies under the direct 

observation of a PIC, termed 

‘‘supervised operating experience’’ 

(SOE). That PIC must hold a category, 

class (if a class rating is required), and 

type rating, without limitations, for the 

aircraft in which SOE is being 

conducted.113 While the FAA concedes 

there is no explicit regulation requiring 

an aircraft to be equipped with dual 

controls when a pilot is completing the 

25 hours of required flight time in 

accordance with § 61.64, the PIC 

observing the flight is also acting as PIC 

of the operation and ensuring the safety 

of the flight. Therefore, the person 

observing the flight and acting as PIC 

must have access to a set of controls 

while the applicant is performing the 

duties of PIC while under the direct 

observation of the acting PIC. 

However, as noted in the NPRM, some 

manufacturers have or intend to only 

design powered-lift with a single set of 

controls. Therefore, the FAA invited 

public comment on three specific 

points: (1) how a flight instructor would 

provide flight training in a powered-lift 

with only a single set of flight controls 

without adversely affecting safety; (2) 

how an applicant would meet the SOE 

requirements with a single set of flight 

controls in a powered-lift; and (3) how 

an operator would fully qualify pilots 

for air carrier operations in an aircraft 

without dual flight controls while 

meeting the enhanced standard 

expected of air carrier operations. 

Additionally, the FAA requested 

commenters provide any relevant data 

or technical analyses that could assist 

the FAA in evaluating the viability of 

pathways to single set of flight controls. 

This section acknowledges comments 

received and describes the three 

alternate pathways that the FAA adopts 

in this final rule to facilitate airman 

certification in a powered-lift with a 

single functioning control and single 

pilot station while upholding safety in 

the NAS. 

2. Summary of Comments Pertaining to 

Flight Training and Dual Controls 

The FAA received many comments 

pertaining to the situations under which 

dual controls are required, as outlined 

above. The comments generally opposed 

the current requirements that have 

existed for many decades, and the FAA 

grouped the comments into the 

subsequent general categories. The FAA 

addresses some comments in the same 

sections but finds that the alternates 

adopted in this final rule sufficiently 

address the remainder of comments 

(e.g., by adopting a commenter’s 

suggestion in one of the alternate 

frameworks). 

Support for Maintaining Only Dual 

Controls 

ALPA supported the FAA’s position 

in the NPRM pertaining to dual 

controls. Specifically, ALPA stated that 

allowing a pilot to operate an aircraft in 

the NAS with a single set of flight 

controls while receiving flight 

instruction in that specific powered-lift 

would result in a degradation of safety 

because the instructor would not have 

the ability to take control of the aircraft. 

While ALPA recognized that the 

military trains pilots in single-control 

configured aircraft, ALPA emphasized 

that flight instruction with a single set 

of controls has not occurred in any civil 

capacity. Further, ALPA stated that it is 

far too early to consider autonomous 

systems (e.g., simplified vehicle 

operations) as they have not been 

properly studied or analyzed through 

data collection. ALPA stated that 

existing studies with newly automated 

systems show that training must 

increase to ensure the pilot masters the 

use of automation and retains mastery of 

flying with the different combinations of 

automation due to various degrees of 

automation failure. 

Neutral Over Dual Controls 

EASA expressed neither direct 

support nor direct opposition to the 

NPRM’s position pertaining to dual 

controls but provided situational 

awareness of their own regulations. 

Specifically, EASA stated that, 

according to the European requirements 

and standards for trainers, trainers 

require primary flight controls that are 

easily accessible by the student pilot 

and the instructor. EASA stated this 

may either be via dual controls or 

through a center control stick. 


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114 In this final action the FAA has determined 

utilizing § 61.31(h) in which a specific powered-lift 

would be subject to type specific training as 

determined by the FAA (as opposed to training for 

a type rating) would not adequately address the 

training necessary because of the unique differences 

inherently present in powered-lift being developed. 

Instead, the FAA has determined in the interest of 

safety that all powered-lift require a type rating as 

outline in adopted § 61.31(a)(3). 

115One commenter specifically referenced an 

opinion editorial article, (www.forbes.com/sites/ 

mikehirschberg/2023/08/10/faa-should-heed-1990spowered-lift-training-decision/), which discussed 

two DoD commissioned studies conducted by the 

Johns Hopkins University Applied Physics 

Laboratory and the Georgia Tech Research Institute. 

Both independent studies concluded a singleengine fighter aircraft could be just as safe as a twinengine fighter aircraft. The article further stated that 

the decisions for the F–35 to have only one seat and 

for the program to forgo the development of a dualseated trainer for new pilots was due to ‘‘[t]he 

expense of developing another variant—a two-seat 

trainer—was seen as completely unnecessary due to 

the high fidelity of flight simulators of the day and 

the capabilities of digital fly-by-wire flight 

controls.’’ The author asserted the FAA could allow 

the same practice for civilian powered-lift without 

compromising safety. 

116 Generally, commenters advocated for an 

alternate pathway for pilots with the prerequisites 

as proposed under the SFAR (i.e., a commercial 

pilot certificate with an airplane category rating or 

rotorcraft category, helicopter class rating and the 

corresponding instrument rating) rather than an ab 

initio applicant. 

117The FAA understands the commenter’s phrase 

of ‘‘buddy box system’’ in this context as two radio 

systems whereby the control of the powered-lift 

could be released to the student and removed from 

the student by the instructor with the flick of a 

switch. 

Align With ICAO Annex 1, 2.1.1.4 

Many commenters urged the FAA to 

align with ICAO Annex 1, 

recommendation 2.1.1.4. Commenters, 

including GAMA, Eve, and L3Harris, 

stated this alignment with ICAO would 

eliminate the requirement for dual 

controls because the dual controls 

requirement is directly related to flight 

training requirements to achieve a 

powered-lift category rating and an 

instrument-powered-lift rating. 

Specifically, commenters stated that all 

flight training for the addition of a type 

rating to a commercial pilot certificate 

with an airplane category rating or 

rotorcraft category rating with helicopter 

class rating could be conducted in a 

high fidelity FSTD. These commenters 

further urged the FAA to acknowledge 

the aeronautical experience in one 

category of aircraft as creditably similar 

to the experience required for poweredlift qualifications, citing §§ 61.3(e)(3) 

and 61.159(a)(5)(ii). 

As discussed in section V.A. of this 

preamble, the FAA is not implementing 

recommendation 2.1.1.4, which would 

permit a pilot to add a powered-lift type 

rating to an existing commercial pilot 

certificate with airplane category rating 

or rotorcraft category, helicopter class 

rating. This final rule maintains the 

traditional airman certification 

framework, even within the SFAR 

alternate requirements, to hold the 

powered-lift category rating. However, 

the FAA notes that, even if the FAA did 

align with the ICAO recommendation, 

barriers for single controls powered-lift 

would persist. Section 91.109 applies to 

civil aircraft being used for flight 

instruction generally; in other words, 

§ 91.109 is applicable to flight training 

in the aircraft for a type rating. The FAA 

acknowledges that type specific flight 

training could occur in an FSTD, 

pursuant to § 61.31(h), which could 

alleviate the dual controls 

requirement.114 However, in the event 

there was not yet a qualified FSTD 

representative of that type of aircraft, 

the person would complete their typespecific flight training in the aircraft, 

which would fall under § 91.109 

requirements (i.e., a set of fully 

functioning dual controls). 

Additionally, a person who chose to 

complete the type rating practical test in 

an FSTD pursuant to § 61.64 would be 

required to complete certain 

aeronautical experience requirements or 

complete SOE set forth by § 61.64, 

which, as discussed in the introduction 

to this section, inherently requires a set 

of dual controls. 

Align With the U.S. Armed Forces’ 

Approach 

Commenters urged the FAA to utilize 

the U.S. Armed Forces’ approach to 

qualifying pilots in powered-lift through 

high fidelity simulation, augmented 

flight controls, and endorsed solo 

experience. These commenters included 

GAMA, FSI, Archer, AUVSI, and Joby. 

Many comments specifically referenced 

the Department of Defense’s F–35 

Lightning Joint Strike Fighter 

program.115 Specifically, commenters 

stated that, in the case of the F–35 

program, the DoD found that a two-seat 

trainer to be unnecessary largely due to 

the abilities of high-fidelity simulators. 

GAMA and Joby urged the FAA to 

utilize the F–35B training and readiness 

manual, NAVMC 3500.118B, as a 

reference point for civilian powered-lift 

training programs. 

One individual commenter 

recognized the military’s development 

of ‘‘T’’ version aircraft: single-seat 

aircraft that have been modified with 

two seats and dual flight controls 

specifically for the purpose of flight 

training. The commenter stated that a 

similar scheme could be followed for 

civil powered-lift rather than instituting 

training provisions for powered-lift with 

a single set of controls. Relatedly, HAI 

recommended that the FAA implement 

a performance-based structure that 

allows OEMs to develop appropriate 

training plans using acceptable 

methods, including advanced 

simulation, to meet training and 

qualification objectives, and specifically 

suggested the FAA collaborate with 

defense contractors who have already 

demonstrated the safety, effectiveness, 

and cost benefits of single seat aircraft 

simulators will yield similar results for 

OEMs developing powered-lift for the 

commercial aviation sector. 

The FAA does not find the 

comparison of military aircraft to a 

wholly new category of aircraft to be an 

equivalent one. Military aircraft are not 

designed and built to the same safety 

standards as an FAA certificated 

aircraft. Single-seat, military combat 

aircraft—with or without ejection seat 

systems—are not designed to comply 

with the robust statutory or regulatory 

standards as passenger-carrying aircraft 

that receive an FAA type certificate. The 

DoD operations are inherently 

characterized by different safety 

continuum considerations and liability 

thresholds. Additionally, regarding 

simulator training, the amount of 

technology and resources available to 

DoD differs greatly from that which is 

available to the civilian aviation sector. 

Specifically, before military pilots begin 

training on single seat aircraft or 

simulators, they traditionally have 

already received training and 

qualification in at least another category 

of aircraft. Taking the differences into 

account, as discussed further in section 

V.D.3.ii. of this preamble, the FAA is 

adopting a similar, though not identical, 

approach to that of DoD in this final rule 

to facilitate airman certification for 

powered-lift used in the civil 

operations. 

Full Training and Testing in an FSTD 

Commenters including FSI, NBAA, 

CAE, Archer, Lilium, Supernal, and Eve 

overwhelmingly advocated for the 

concept that pilots could be fully 

trained and tested in an approved FSTD; 

likewise, the Advanced Air Mobility 

Institute encouraged the FAA to engage 

in collaboration with industry to 

explore utilization.116 117 For example, 

Archer specifically outlined a program 

under which the applicant would 

complete ground training and all 

aeronautical experience training in the 

FSTD, receive a solo endorsement, and 

then complete solo time in the poweredlift. Additionally, ADS recommended 

that advanced aircraft technology be 

considered when developing training 

requirements for powered-lift and also 


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118The FAA acknowledges that certain 

manufacturers were of the understanding that they 

would be classified as an airplane. Commenters 

expressed that reliance on this position led 

manufacturers to believe they would not need dual 

controls in powered-lift even for training. 

119Pursuant to § 91.109(a)(1) and (2), to utilize 

this exception, the instructor must determine that 

the flight can be conducted safely and the person 

manipulating the controls must have at least a 

private pilot certificate with appropriate category 

and class ratings. 

120Pursuant to § 91.109(b), the airplane must also 

be equipped with operable rudder pedals at both 

pilot stations; the pilot manipulating the controls 

must be qualified to serve and serves as PIC during 

the entire flight; the instructor must be current and 

qualified to serve as PIC of the airplane, meet the 

requirements of § 61.195(b), and have logged at least 

25 hours of PIC flight time in the make and model 

of airplane; and the PIC and instructor have 

determined the flight can be conducted safely. 

121See 14 CFR 20.655 (1938), which stated, in 

pertinent part, that ‘‘no flying instruction shall be 

given in any aircraft, for or without hire, unless 

such aircraft is equipped with fully functioning 

dual controls and a certificate instructor is in full 

charge of one set of said controls.’’ 

122 General Operating and Flight Rules and 

Related Airworthiness Standards and Crewmember 

Training, 43 FR 46233 (Oct. 5, 1978). 

123Pilot in Command Proficiency Check and 

Other Changes to the Pilot and Pilot School 

Certification Rules, 76 FR 54095 (Oct. 31, 2011). 

recommended that the FAA expand its 

credit of aeronautical experience in a 

simulator and subsequently require solo 

experience to be gained in the aircraft. 

Commenters relied on the comparative 

premise that training for a type rating 

may be fully completed in the 

simulator, with no time in the type of 

aircraft itself, which translates to the 

FAA’s recognition that FSTDs are a 

commonplace means of delivering 

training, particularly as it pertains to 

abnormal and emergency situations. 

In-Aircraft Monitored Training and 

Related Technology 

Commenters including FSI, NBAA, 

CAE, Lilium, and AUSVI, urged the 

FAA to consider innovative 

technologies outside of a traditional 

FSTD that could facilitate in-aircraft 

training for those powered-lift with a 

single set of controls. Specifically, 

commenters cited artificial intelligence, 

virtual reality, mixed reality, augmented 

reality, headsets with camera systems, 

eye tracking technology, aircraft control 

movements, and keystroke and 

touchscreen inputs as options for 

instructors to train (for purposes of 

§ 91.109) and supervise (for purposes of 

§ 61.64) from the ground. Additionally, 

commenters stated the instructor could 

observe from the forward most 

passenger-seat, in tandem with the 

aforementioned remote technologies, for 

real-time monitoring. An individual 

commentor also urged the FAA to 

consider capitalizing on remote safety 

pilot technology or built-in autonomous 

systems that are able to swiftly take over 

full control of the powered-lift during 

in-aircraft training sessions. Lilium 

stated that automated fly-by-wire 

systems and advanced flight control 

laws provide safety measures and 

envelope protection enhance situational 

awareness and reduces complexity of 

aircraft. Lilium described these features 

as contributing to a safe flight training 

regime by preventing over-corrections 

and stalls, while hands-free hover 

positioning and altitude hold 

capabilities further enhance safety 

during flight training, negating the need 

for dual controls requirements. 

Opposition to Dual Control Trainers 

Commenters disagreed with the 

FAA’s expectations as stated in the 

NPRM that powered-lift manufacturer’s 

develop dual control trainers for their 

single control aircraft. Commenters 

opposed such development, first, on the 

grounds that the dual control trainer 

would not be an accurate representation 

of the single control aircraft, which 

would present an operational 

discrepancy when the applicant would 

move from the dual control trainer to 

the actual powered-lift in the NAS. 

Additionally, many commenters 

emphasized that the development of a 

dual control trainer would be costly and 

create significant delays for 

manufacturers at this stage of poweredlift progress and certification, especially 

after relying on the FAA’s original 

position that powered-lift would be 

certificated as airplanes, which held 

until changed in 2022.118 These 

commenters included FSI, NBAA, CAE, 

Archer, Eve, HAI, and the Honorable Jeff 

Van Drew. 

3. Alternate Pathways 

In light of the overwhelming support 

for innovative pathways to facilitate 

training in powered-lift with a single set 

of controls, the FAA analyzed the safety 

intent of the requirement for dual 

controls in flight training and SOE to 

determine whether nontraditional 

alternate pathways could achieve an 

equivalent level of safety to in-aircraft 

training. In this final rule, the FAA 

adopts three pathways to accomplishing 

flight training and SOE for powered-lift 

with a single set of controls. This 

section first explains the FAA’s three 

adopted alternate pathways. The FAA 

trusts that these pathways will address 

the majority of commenters discrete 

issues; however, the second part of this 

section responds to certain comments 

that may not be enveloped in the three 

alternate pathways. 

i. Alternate One: Powered-Lift Equipped 

With a Single Instantly Accessible 

Functioning Flight Control 

As previously discussed, § 91.109(a) 

restricts a person from operating a civil 

aircraft that is being used for flight 

instruction unless that aircraft has fully 

functioning dual controls. However, 

there are some narrowly tailored 

exceptions to this restriction: (1) if the 

aircraft is a manned free balloon, (2) for 

the purpose of instrument flight 

instruction in an airplane equipped 

with a single, functioning throwover 

control wheel that controls the elevator 

and ailerons,119 and (3) for the purposes 

of a flight review under § 61.56 or to 

obtain recent flight experience or an 

instrument proficiency check under 

§ 61.57 in an airplane equipped with a 

single, functioning throwover control 

wheel that controls the elevator and 

ailerons.120 Dual controls requirements 

can be traced back to the inception of 

the Civil Aviation Regulations in 

1938 121 and the FAA instituted the first 

two exceptions in 1978 to then 

§ 91.21 122 in response to a public 

solicitation for proposals in relation to 

an Operations Review Program. The 

FAA explained that the exceptions were 

appropriate in light of numerous 

exemptions allowing AOPA and the 

AOPA Air Safety Foundation to conduct 

simulated instrument instruction at 

flight training clinics using singleengine airplanes equipped with a single, 

functioning throwover control. The FAA 

instituted the third exception in 2011, 

again, in response to numerous 

exemptions that allow instructors to 

provide recurrent flight training and 

simulated flight training for the purpose 

of meeting recency of experience 

requirements and flight review 

requirements in airplanes equipped 

with a single, functioning throwover 

control wheel.123

Notwithstanding the exception for 

manned free balloons, these exceptions 

share two characteristics. First, the 

flight instructors have access to a 

control such that if there exists a 

condition warranting immediate action 

(e.g., immediately taking the controls to 

maneuver the aircraft so as to see and 

avoid traffic or take controls to ensure 

a maneuver does not result in a mishap 

or exceed an aircraft limitation), the 

flight instructor can intervene. Second, 

in each of the two exceptions, the 

applicant pilot possesses a pilot 

certificate. In other words, the single, 

throwover control is considered 

sufficient in instances where the person 

manipulating the controls has 

prerequisite certificates and ratings (i.e., 

foundational aeronautical experience). 

Specifically, in the exception under 


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124Pursuant to AMC4 to appendix 6 of EASA 

regulations, the airplane used for instrument flight 

training provided outside an ATO by an IRI(A) or 

FI(A) should be fitted with primary flight controls 

that are instantly accessible by both the student and 

the instructor, for example, dual flight controls or 

a center control stick. Additionally, the regulation 

states that swing-over flight controls should not be 

used. 

125The FAA notes this relief is similar to that 

suggested by BETA Technologies, who 

recommended the FAA add additional 

requirements to § 91.109 to allow for shared 

controls for pitch and roll that may include devices 

other than control wheels. (A pilot uses a ‘‘control 

wheel’’ or ‘‘yoke’’ to control the attitude of an 

aircraft usually in both pitch and roll. Rotating the 

control wheel controls the ailerons and the roll 

axis.) The final rule as described herein will allow 

a shared control but does not require the shared 

control to be a control wheel device. 

126The FAA notes that since both pilots have 

immediate access to the control and, therefore, the 

ability to manipulate the controls of the poweredlift, if supervised operating experience was required 

after a person’s practical test via § 61.64 

requirements, the aircraft could be used for 

supervised operating experience. 

127Specifically, § 141.55 requires training courses 

to meet the minimum curriculum requirements in 

accordance with the appropriate appendix of part 

141. The appendices set forth the minimum 

curriculum requirements for that certification 

course under part 141 (e.g., eligibility for 

enrollment, aeronautical knowledge training, flight 

training, etc.). 

128For example, a person seeking an airplane or 

helicopter type rating has flexibility to take the type 

rating practical test independent of other practical 

tests and may obtain an instrument rating in an 

airplane or helicopter for which a type rating is not 

required prior to applying for a type rating in an 

airplane or helicopter. Additionally, because there 

exist airplanes and helicopters where a type rating 

is not required, a person could obtain the category 

and class ratings independent of a type or 

instrument rating. 

129See section V.F.3. of this preamble for further 

discussion of the FAA‘s determination that a 

powered-lift-instrument rating is necessary to 

utilize this pathway. 

§ 91.109(a)(1) and (2), the person 

receiving instrument flight instruction 

must have at least a private pilot 

certificate with appropriate category and 

class ratings. Similarly, in the second 

exception under § 91.109(b), the person 

manipulating the controls is a 

certificated and rated pilot who is 

receiving instruction for a flight review, 

recent flight experience, or an 

instrument proficiency check. These 

activities are conducted to maintain 

privileges, not to obtain them for the 

first time. 

Therefore, the FAA finds extending 

mirrored relief to that as provided in 

§ 91.109(a) and (b), and similar to that 

of EASA,124 would not adversely affect 

safety for pilots seeking certification 

under the SFAR (i.e., an instantly 

accessible, single, functioning flight 

control in an aircraft with single 

controls where two pilots are seated in 

the flightdeck of the aircraft). Both 

prongs of safety criteria will be met: (1) 

the powered-lift will have a control 

such that the flight instructor can 

immediately intervene in an emergency 

event, as well as maintain the ability to 

demonstrate a maneuver if necessary, 

and (2) the pilots under the SFAR will 

have at least a commercial pilot 

certificate with an airplane category 

rating or rotorcraft category rating with 

helicopter class rating and the 

corresponding instrument rating. 

Under § 194.253(a)(1), this alternate 

requirement would be extended only to 

those pilots seeking a powered-lift 

category rating, powered-lift type rating, 

and instrument-powered-lift rating 

under the SFAR (i.e., those qualified in 

accordance with § 194.215(a) who are 

instructor pilots, test pilots, FAA test 

pilots, aviation safety inspectors, the 

initial cadre of instructors, and pilots 

receiving training under an approved 

training program). Additionally, under 

new § 194.253(a)(1)(i) and (ii), the 

instructor must be an instructor pilot for 

the manufacturer of the powered-lift 

under the manufacturer’s proposed 

training curriculum or a flight instructor 

under an approved training curriculum 

under part 135, 141, or 142, as 

applicable. 

Under new § 194.253(a)(2), a person 

may operate a powered-lift for flight 

training without fully functioning dual 

controls provided it is equipped with a 

single, functioning control 125 that is 

instantly accessible by both the 

applicant and the instructor.126 As 

discussed in the NPRM, some poweredlift are equipped with inceptors, which 

encompasses a wide variety of nontraditional pilot controls through which 

pilot inputs are managed for the 

purpose of operating the powered-lift. 

The FAA notes that although this 

alternate pathway enables powered-lift 

with one flight control to be used in 

flight instruction, the two seats or pilot 

stations with access to this single flight 

control would be evaluated during the 

aircraft certification process using the 

certification standards for pilot stations. 

Additionally, instant accessibility 

means that the person providing the 

instruction would be able to take 

immediate corrective action and full 

control of the aircraft from their 

occupied seat. Finally, the instructor 

pilot must determine that the flight can 

be conducted safely. 

ii. Alternate Two: Full Flight Simulator 

(FFS) Training for Powered-Lift With 

Single Functioning Controls and a 

Single Pilot Station 

Overview 

While an instantly accessible, single, 

functioning flight control, including a 

throwover control, presents a viable 

option for training in an aircraft with 

single controls where two pilots are 

seated in the flight deck of the aircraft 

(i.e., where the control is accessible 

through virtue of side-by-side seats), the 

FAA acknowledges that some poweredlift will have a single pilot station. This 

would render the option of an instantly 

accessible, single, functioning flight 

control as inherently unfeasible. In light 

of commenters’ recommendations for 

full qualification through FSTD training 

and testing, the FAA evaluated how to 

facilitate a path for full training and 

testing in an FFS for a powered-lift 

category rating, powered-lift type rating, 

and instrument-powered-lift rating, 

while maintaining an equivalent level of 

safety to that of flight training in an 

aircraft equipped with fully functioning 

dual controls (or a single, functioning 

flight control that is instantly accessible 

to both the applicant and the person 

providing the flight instruction in their 

respective pilot station). To ensure an 

equivalent level of safety to that of inaircraft training through this 

unconventional training and testing 

framework, the FAA evaluated six main 

factors and mitigations: prior piloting 

experience, FAA oversight of training 

programs, simulator fidelity, 

demonstration and familiarity flights, 

solo flight, and SOE. To this end, the 

FAA adopts in this final rule an 

alternate framework to facilitate training 

and testing for a powered-lift category 

rating, powered-lift type rating, and 

instrument-powered-lift rating. This 

final rule facilitates the framework 

through § 194.253(b) and the alternate 

framework process in new appendix A 

to part 194, mirroring a part 141 

minimum curriculum appendix.127 The 

following sections describe the linear 

framework, safety considerations, and 

mitigations to enable training in an FFS 

that represents a powered-lift with 

single controls and a single pilot station. 

Applicability and Eligibility 

The relief provided in the alternate 

framework will apply to only those 

pilots simultaneously seeking a 

powered-lift category rating, a poweredlift type rating, and an instrumentpowered-lift rating in a powered-lift 

with single fully functioning controls 

and a single pilot station. Therefore, 

while the traditional airman 

certification approach under part 61 

permits a piecemeal approach for a pilot 

to obtain a rating,128 this alternate 

pathway for powered-lift ratings would 

require an applicant to train for all three 

ratings simultaneously.129 Because an 


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130Section 194.211 sets forth certain provisions 

permitting a person to obtain an initial powered-lift 

type rating without concurrently obtaining the 

instrument-powered-lift rating or an additional 

powered-lift type rating with a ‘‘VFR Only’’ 

limitation. The FAA is not extending the relief 

contained in § 194.211 to ensure that applicants 

utilizing this framework will be able to act as PIC 

while completing the cross-country requirements 

set forth in appendix A, section 8.(a)(iii). 

131E.g., Aircraft Flight Simulator Use in Pilot 

Training, Testing, and Checking and at Training 

Centers, final rule, 61 FR 34508 (Jul. 2, 1996); Pilot, 

Flight Instructor, and Pilot School Certification 

final rule, 74 FR 42500 (Aug. 21, 2009). 

132The FAA considered whether a lower 

certificate level (i.e., private pilot certificate) would 

be a viable alternative minimum level of 

qualification but finds that a private pilot’s 

experience through their limited privileges may not 

adequately ensure the foundational knowledge, 

skills, and proficiency such that the person should 

bypass in-flight training elements and situational 

exposure. 

133A pilot seeking an airplane category rating 

must have at least 250 hours (190 hours if training 

at a part 141 pilot school) and a pilot seeking a 

rotorcraft category helicopter class rating must have 

at least 150 hours to be eligible for a commercial 

pilot certificate. 

134The FAA notes that there currently exist 

scenarios where fully rated pilots in other 

categories of aircraft with a similar level of 

experience as described herein seek to train on an 

aircraft with a single set of controls and a single 

pilot station. The relief adopted herein is a 

temporary measure meant to springboard the entry 

of a new category of aircraft and sufficient numbers 

of flight instructors and pilots to support this 

industry sector. Moreover, unlike airplanes and 

helicopters, the type rating requirement for each 

powered-lift creates a unique scenario where a pilot 

cannot first obtain category and class ratings before 

separately seeking a type rating. One benefit of this 

SFAR is to collect information and data to later 

educate the FAA when contemplating future 

permanent amendments for both powered-lift and 

aircraft in general, including dual controls 

requirements. 

135The FAA has established a Flight Standards 

Certification Team (FSCT) to allow for the 

expedited processing of certifications. The process 

to complete certification of a new Air Agency 

applicant utilizing this relief would be 

required to seek the three ratings 

simultaneously, § 194.211 inherently 

would not be applicable to this 

population of applicants training and 

testing via this alternative in a poweredlift with single controls and equivalent 

FSTD.130

This training alternate pertains to the 

training requirements for powered-lift 

originally type certificated with single 

fully functioning controls and a single 

pilot station or a powered-lift 

undergoing the type certification 

process with these features. When 

opting for this alternate for initial and 

add-on ratings in a single flight control 

powered-lift, pilots are required to 

complete additional flight hours as 

stipulated in §§ 194.253 and 194.255 

(e.g., the familiarization flight, 

demonstration flight, and supervised 

operating experience). As a result, this 

alternate is not applicable to those 

powered-lift originally certificated with 

dual controls and dual pilot stations or 

those with single functioning flight 

controls and dual pilot stations. 

Similarly, this alternate is not 

applicable to dual control powered-lift 

designs that are later altered to a single 

set of fully functioning controls and a 

single pilot station through a 

Supplemental Type Certificate (STC) or 

other means, such as disconnecting a 

removable set of controls. 

When developing the FFS Training 

alternative, the FAA considered the 

level of experience that a pilot utilizing 

this alternative should possess. The 

FAA has long maintained the position 

of the importance of actual aircraft 

experience when an applicant uses 

flight simulation for training and 

testing, especially as it pertains to ab 

initio pilots.131 Where an ab initio pilot 

has little to no experience in an aircraft 

in the NAS, the FAA maintains that inaircraft training and testing (or required 

SOE when an applicant accomplishes 

the entire practical test in an FFS) is 

paramount in ensuring pilot 

proficiency. Simulation offers many 

benefits to training, particularly as it 

relates to training abnormal and 

emergency procedures, such as brown 

or white out conditions, engine 

inoperative procedures during critical 

phases of flight, and system 

malfunctions that cannot be safely 

replicated in actual flight. However, the 

actual flight environment requires 

certain knowledge and skills and 

provides experiences that may not be 

able to be comprehensively 

accomplished in a simulator (e.g., the 

experience of actually landing on a 

pinnacle, or conduct a steep approach 

into a confined area at night). 

Additionally, simulator training does 

not fully replicate the inflight 

environment in the flightdeck of an 

aircraft, taking into considerations such 

as realistic ATC communications, 

flightdeck distractions, temperature 

extremes and noise, unexpected 

interactions with traffic not 

communicating with ATC, or adapting 

to unexpected weather conditions to the 

degree expected in the actual flight 

environment. 

A pilot utilizing the SFAR will be 

required to have the prerequisite 

certificate and ratings prescribed in 

§ 194.215(a), which is a commercial 

pilot certificate with either an airplane 

category rating with a single-engine 

and/or multiengine land or sea class 

rating or a rotorcraft category rating with 

helicopter class rating, and the 

corresponding instrument rating.132

This requirement ensures the pilot 

seeking the powered-lift ratings via this 

appendix has extensive exposure to inaircraft flight training and aircraft 

operations within the NAS,133 including 

a variety of operational and 

environmental issues that cannot be 

fully replicated in an FFS. Additionally, 

to hold these ratings, the pilot would 

have demonstrated, at a minimum, a 

level of aircraft mastery required to 

achieve the commercial pilot certificate 

and instrument ratings and, therefore, 

be certificated at a level that enables 

them to serve as a pilot for 

compensation or hire. Therefore, the 

FAA has determined that holding such 

certificates and ratings will ensure that 

pilots utilizing the FFS Training 

alternative will possess key knowledge, 

skills, as well as exposure and 

experience of operating an aircraft in the 

NAS, all of which cannot be fully 

replicated in a simulator for a pilot that 

lacks the required prerequisites for entry 

in this training alternative.134

In addition to the prerequisites, an 

important aspect of this training 

alternative is the requirement for the 

training to be conducted by an FAAapproved program under part 135, 141, 

or 142. This ensures the training is 

conducted via an approved curriculum 

fostering quality, standardized training, 

which results in consistent, highly 

effective training. Additionally, these 

FAA-approved programs have a higher 

level of FAA oversight than training that 

is conducted outside of an FAAapproved training program. Requiring 

this training to be conducted under an 

approved program enables the FAA to 

evaluate the quality of the training and 

ensure the training course syllabuses are 

followed, and it affords the FAA the 

ability to work with the training 

provider to correct deficiencies. Another 

advantage of an approved program is 

that the provider and the FAA can 

gather data and monitor trends so that 

positive adjustments can be made to the 

program to ensure a high level of 

effective training continues to be 

provided. The FAA notes that the 

training curriculum submitted must 

encompass all the necessary training for 

a pilot to obtain a commercial pilot 

certificate with powered-lift category 

rating, an instrument-powered-lift 

rating, and type rating for the poweredlift that is being trained on that is 

equipped with only a single set of flight 

controls. 

However, under this appendix 

approach, if a manufacturer is not one 

of the certificate holders mentioned, 

they will not be able to utilize this 

provision.135 Although this necessitates 


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certificate consists of five phases; Preapplication, 

Formal Application, Design Assessment, 

Performance Assessment, and Administrative 

functions in which the FAA combines into three 

gates. Gate I consists of the Final Preapplication 

Statement of Intent and completion of the 

Preapplication Meeting. Gate II consists of the 

Formal Application and Design Assessment and is 

allotted 90 days for completion. Gate III consists of 

Performance Assessment and Administration 

Functions in which the FSCT allots 30 days for 

completion. Therefore, if an applicant is prepared, 

the timeline for certification would take 

approximately 120 days to complete. 

136 § 61.63(b)(2). 

137 § 61.65(a)(3), 61.65(b). 

138 §§ 61.63(b)(4), 61.63(d)(4), 61.65(a)(7). 

139As noted, only certain pilots will be eligible 

for this training under section 2 of the appendix. 

140 §§ 194.217 (b)(1), 194.219(b)(1), 194.221(b)(1) 

and 61.129(e)(3). 

141 §§ 194.225(b)(1), 194.227(b)(1), and 

61.65(e)(2). 

142Of the 35 hours of flight training in the FFS, 

15 hours is creditable toward the 35 hours of PIC 

flight time required by § 194.216(a). Additionally, 

the FAA notes that when instrument training is 

being logged toward a commercial pilot certificate 

with powered-lift category rating, the same training 

could be concurrently utilized and log toward the 

instrument training requirements required for a 

powered-lift-instrument rating. See Legal 

Interpretation to Ms. Kristine Hartzell- Airline 

Owners and Pilots Association (December 17, 

2010). 

that an OEM become a certificate holder 

under one of these parts, this 

requirement will help ensure the FAA 

has the necessary tools and authority to 

conduct surveillance and gather data on 

this new and novel approach to 

certificating pilots in a single flight 

control powered-lift. In this respect, the 

appendix approach differs from the 

provisions set forth in the SFAR for 

aircraft equipped with dual controls 

under the current regulatory framework, 

which do not necessarily require a 

manufacturer to become one of the 

certificate holders mentioned. For 

example, the alternate aeronautical 

experience requirements in §§ 194.217 

and 194.219 may be completed at a 

powered-lift manufacturer without the 

manufacturer having to become a part 

135 operator, part 141 pilot school, or 

part 142 training center. 

The first two sections of new 

appendix A to part 194 prescribe 

applicability and eligibility provisions 

in section 1. and 2., respectively. 

Specifically, appendix A, section 1.(a) 

sets forth the specific ratings for which 

a person may utilize the minimum 

requirements of the appendix to apply 

for a pilot training program in a 

powered-lift with a single control and a 

single pilot station and specifies that the 

powered-lift must be type certificated, 

or seeking type certification, with one 

set of controls and a single pilot station. 

Section 1.(b) requires that a person 

utilizing the pathway set forth in the 

appendix apply for all three ratings 

simultaneously. Section 2.(a) sets forth 

the prerequisite qualification 

requirements an applicant must possess 

as stipulated in § 194.215(a). Finally, 

Section 2.(b) requires the training and 

testing under the appendix to be 

provided under a part 135, 141, or 142 

approved training program. 

Ground Training 

Ground training is an integral part of 

a training program that ensures an 

applicant has received the required 

instruction on the required aeronautical 

knowledge areas and has been found 

competent. Section 61.63 prescribes the 

requirements to apply for additional 

aircraft category, class, and type ratings 

other than ratings at the ATP 

certification level, and § 61.65 

prescribes the requirements to apply for 

an instrument rating. A person who 

applies to add a powered-lift category 

and a type rating to a pilot certificate is 

required to complete the requisite 

ground training from an authorized 

instructor on the aeronautical 

knowledge areas specified in 

§ 61.125(b).136 Similarly, § 61.65 

requires a person to receive and log 

ground training from an authorized 

instructor or accomplish a home-study 

course of training on the aeronautical 

knowledge areas set forth in § 61.65(b) 

that apply to the instrument rating 

sought.137 The appendix will not alter 

the requirement to receive and log 

ground training on the applicable 

aeronautical knowledge areas, but 

section 3.(a) of the appendix will 

require the applicant to complete all the 

required ground training, which must be 

outlined in the certificate holder’s 

approved training program, prior to 

starting the simulator training phase. To 

ensure a person’s competency on the 

required aeronautical knowledge areas, 

including those for the specific 

powered-lift type, a person will be 

required to pass a knowledge check 

prior to starting the simulator training 

phase pursuant to new section 3.(b) of 

the appendix. However, because the 

person would already hold a 

commercial pilot certificate and an 

instrument rating, by virtue of the 

prerequisites in § 194.215(a), the person 

would not be required to take an FAA 

knowledge test.138 Rather, the 

knowledge check will be within the 

purview of the training program to 

determine the processes and procedures 

(e.g., number of questions, scenario 

based questions, etc.) of the knowledge 

check, but it must comprehensively 

cover the required aeronautical 

knowledge areas. The required 

knowledge check may be administered 

using written or oral questions or a 

combination of both written and oral 

questions, and the outcome of the 

knowledge check will be documented in 

the applicant’s training record. The 

method and content of a knowledge 

check must be submitted as part of the 

required documentation when a person 

submits the training program to the FAA 

for review and approval. A knowledge 

check should be similar to a progress or 

stage check commonly found in an 

operator’s approved training program 

under parts 135, 141, and 142, the intent 

of which is to ensure the applicant 

possesses the foundational aeronautical 

knowledge of a specific powered-lift 

type before commencing the next phase 

of simulator training. 

Full Flight Simulator Training 

In lieu of flight training in an aircraft, 

section 4. of the appendix will permit 

the flight training requirements 

referenced in § 194.217 through 

§ 194.235 as well as any other 

applicable flight training requirements 

under part 61 to be accomplished in a 

qualified Level C or higher FFS. An 

operator will be required to submit their 

training program to the FAA for 

approval. The program must incorporate 

all the flight training necessary for an 

eligible applicant 139 to receive a 

powered-lift category, instrumentpowered-lift rating, and type ratings 

under parts 61 and 194. At a minimum, 

the training program must include at 

least 20 hours 140 of flight training in an 

FFS for the commercial pilot poweredlift category and 15 hours 141 of flight 

training in an FFS for the instrument 

rating.142

This FFS training may only 

commence after the applicant completes 

the ground training portion of the 

training program as set forth by section 

3.(a) of the appendix. As discussed in 

section V.F.2 of this preamble, to ensure 

the applicant receives training in an FFS 

that replicates flight in the actual 

aircraft as closely as possible, the FFS 

must be a Level C or higher qualification 

level. The fidelity, and therefore 

qualification level, of the FFS is a vital 

element of this alternative method of 

training since the applicant will receive 

no flight training in the aircraft, may not 

possess a powered-lift category rating 

and instrument-powered-lift rating, and 

will have little or no prior experience 

flying this powered-lift type. 

Additionally, after the completion of the 

FFS training phase, the applicant who is 

seeking a powered-lift category, 

powered-lift instrument rating, and 

powered-lift type rating concurrently for 


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143As is currently applicable, when an applicant 

is concurrently seeking a pilot certificate with 

instrument and type ratings, and there are 

overlapping tasks between the practical tests the 

applicant may conduct a task required for the 

multiple ratings sought a single time provided the 

task is performed to the higher standard. For 

example, if an applicant seeking a commercial pilot 

certificate with instrument-powered-lift rating, and 

type rating for the aircraft sought must conduct a 

precision approach for both the type rating and 

instrument rating, the applicant would only need to 

demonstrate the task once provided they perform it 

to the higher standard. 

144Appendix A to part 194, 4.(b), 5.(a) and 

6.(a)(4). 

145The FAA has previously found this timeperiod to be an appropriate amount of time between 

proficiency retention between training and solo 

flights and aligns with limitations on student pilots 

operating an aircraft in solo flight. See § 61.87(n). 

the represented powered-lift, will 

transition to flight in the actual aircraft 

with only single controls and a single 

pilot station. Therefore, the applicant 

must have some experience with a 

closer degree of realism of the FFS, 

which is only characterized at these 

highest qualification levels. For those 

pilots who already possess a poweredlift category and instrument rating and 

are seeking only a type rating for the 

powered-lift, the required qualification 

level of the simulator aligns with 

established requirements to add a type 

rating for other categories of aircraft. 

Therefore, as set forth in new section 

4.(a) of the appendix, an applicant 

seeking all three ratings must complete 

all the applicable flight training 

requirements of § 194.217 through 

§ 194.235, including the two instrument 

cross-country flights required by 

§ 194.235, which will be conducted in 

the FFS, and the applicable flight 

training requirements under part 61. 

However, the cross-country 

requirements of § 194.233 will be 

accomplished during the solo segment 

of the training program. At the 

successful completion of the FFS 

training phase, as detailed in the 

approved training program, and prior to 

advancing to the in-aircraft phase, the 

applicant must satisfactorily accomplish 

a check administered by a person 

authorized to conduct this check. As set 

forth in 4.(b) of the appendix, a person 

authorized to administer the check can 

be a check pilot, a training center 

evaluator (TCE), an authorized 

instructor, an instructor pilot, an FAA 

aviation safety inspector (ASI), or 

another person authorized by the FAA 

to administer this check. Specifically, 

the check must consist of oral 

questioning and the satisfactory 

performance of all the maneuvers and 

procedures required for the issuance of 

a commercial pilot certificate with a 

powered-lift category rating, for the 

issuance of an instrument-powered-lift 

rating, and for the issuance of a 

powered-lift type rating.143 Requiring 

the applicant to demonstrate the 

maneuvers and procedures required for 

the issuance of the rating(s) ensures the 

applicant has the knowledge and 

mastery of controlling the aircraft prior 

to advancing to the training segment 

where flight in the aircraft without a set 

of dual controls will occur (i.e., when 

the applicant will have full control of 

the aircraft and the flight instructor may 

not have a method by which to 

intervene). This check requirement is 

also important since the applicant will 

not yet possess a powered-lift category 

or instrument rating, thereby possessing 

no prior experience flying this poweredlift type in addition to holding little to 

no category experience. The successful 

completion of the FFS check establishes 

a 90-day window in which the applicant 

must accomplish both the familiarity 

flight and demonstration flight as 

discussed in the following sections.144

Failure to complete both the familiarity 

flight and demonstration flight within 

this 90-day timeframe will require the 

applicant to return to the FFS and 

successfully complete a demonstration 

of proficiency, of which the content 

should include, at a minimum, the 

maneuvers and tasks contained in 

section 10. of appendix A. 

The FAA notes that because the FFS 

training would be provided under a part 

135, 141, or 142 approved training 

program, the applicable requirements of 

those parts must also be met. This 

includes documenting the training and 

testing in accordance with the part 

under which the training program is 

offered, pursuant to the regulations 

within those parts. 

Aircraft Familiarity Flight 

The aircraft familiarity flight is the 

first of two in-flight training program 

segments required to transition the 

applicant from the FFS training phase to 

the aircraft training phase of the training 

program. Section 5. of the appendix will 

dictate the requirements of the aircraft 

familiarity flight. The purpose of this 

segment is to expose the applicant to the 

operation of the aircraft in actual flight 

in the NAS where the authorized 

instructor must demonstrate all of the 

maneuvers and procedures required for 

the issuance of a commercial pilot 

certificate with a powered-lift category 

rating, for the issuance of an instrumentpowered-lift rating and for the issuance 

of a powered-lift type rating, pursuant to 

new section 5.(b)(1). Additionally, it 

will provide the authorized instructor 

an opportunity to familiarize the 

applicant with the local flight area to 

include practice areas and departure 

airport familiarization. The aircraft 

familiarity flight must be accomplished 

in the aircraft with an instructor piloting 

the aircraft with the applicant having 

unobstructed visual sight of the controls 

and the instrumentation, and able to 

engage in active communication with 

the instructor during the entire flight 

under new section 5.(b)(2). During the 

aircraft familiarity flight, if the same 

task or maneuver is required for the 

issuance of a commercial pilot 

certificate with a powered-lift category 

rating, for the issuance of an instrumentpowered-lift rating, and for the issuance 

of a powered-lift type rating that same 

task or maneuver does not have to be 

demonstrated more than once. 

Additionally, tasks or maneuvers that 

have been waived in accordance with 

§ 194.207(c) are not required to be 

demonstrated (i.e., tasks that the 

powered-lift physically cannot perform). 

Pursuant to new section 5.(c), the 

aircraft familiarity flight may involve 

one or more flights to accomplish a 

demonstration of all the required tasks. 

After a person completes the aircraft 

familiarity flight, the authorized 

instructor may endorse the applicant in 

accordance with new section 5.(d) to act 

as PIC to accomplish the demonstration 

flight with an authorized instructor on 

board. However, this endorsement will 

be valid only for 90 days from the date 

of the check in the FFS was completed 

(i.e., the check in accordance with new 

section 4.(b) of the appendix).145 This 

timeframe is because the demonstration 

flight will be the first flight that the 

applicant pilots the actual aircraft in the 

NAS for which they do not have a 

category rating; therefore, the linear 

process of flights (proficiency check in 

FFS, aircraft familiarity flight, and 

demonstration flight) must be 

accomplished in a timely manner so the 

proficiency from the FFS training and 

the information obtained from the 

aircraft familiarity flight does not 

degrade. 

Demonstration Flight 

The next phase in the training 

program set forth in the appendix 

includes a demonstration flight. The 

purpose of a demonstration flight is to 

enable an authorized instructor to 

ascertain that an applicant possesses 

satisfactory proficiency in the operation 

of the aircraft to then act as PIC safely 

in solo flight. In other words, the FAA 

finds a safety gap would exist if the 

applicant went directly from the FFS to 

solo in the aircraft, even with an aircraft 

familiarity flight because the applicant 


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146For example, the endorsement could be 

limited to operation in cross-winds no greater than 

8 knots. See Advisory Circular 61–65H. 

147See footnote 139. 

148This approach is no different from what 

occurs when a flight instructor determines they 

cannot provide the necessary two-month 

endorsement for a practical test. A person may not 

proceed until they obtain the necessary 

endorsement. 

would have no supervised experience 

manipulating the controls before solo 

flight in the NAS. The demonstration 

flight under new section 6.(a)(2)(i) will 

require the applicant to pilot the aircraft 

and demonstrate all the maneuvers and 

procedures required for the issuance of 

a commercial pilot certificate with a 

powered-lift category rating, for the 

issuance of an instrument-powered-lift 

rating, and for the issuance of a 

powered-lift type rating while an 

authorized instructor observes the 

applicant. During the entire flight, the 

instructor must have (1) an 

unobstructed visual sight of the 

controls, (2) an unobstructed visual 

sight of the instrumentation, and (3) the 

ability to engage in active 

communication with the applicant, 

pursuant to new section 6.(a)(2)(ii). Like 

the aircraft familiarity flight, the 

demonstration flight may occur over one 

flight or multiple flights under new 

section 6.(a)(3). Upon successful 

completion of the demonstration flight, 

the instructor may endorse the applicant 

to act as PIC of the powered-lift in solo 

flight, subject to any conditions and 

limitations the instructor believes to be 

warranted.146 This endorsement will be 

valid for no more than 90 days 147 from 

the day the demonstration flight is 

successfully completed. These 

endorsement requirements will be set 

forth in new section 6.(a)(4). 

If the authorized instructor or 

instructor pilot finds they cannot 

endorse the applicant for solo flight, the 

applicant must acquire additional 

training to obtain the necessary solo 

flight endorsement within the 90-day 

window that begins from the successful 

completion of the check conducted in 

the FFS, as detailed in the FFS Training 

section above. The training program 

should have a procedure for 

determining how that additional 

training will occur (e.g., additional FFS 

simulator training, repeated familiarity 

flight, repeated demonstration flight, 

etc.) and what items must be 

retrained.148

Lapse in Endorsement To Act as PIC To 

Accomplish the Demonstration Flight 

If the applicant has not successfully 

completed the demonstration flight 

within 90 days from the day the FFS 

check was completed, then the 

applicant must return to the FFS and 

successfully complete a demonstration 

of proficiency, pursuant to new section 

6.(b)(1). This demonstration of 

proficiency will not require all the 

maneuvers and procedures required for 

the issuance of a commercial pilot 

certificate with a powered-lift category 

rating, for the issuance of an instrumentpowered-lift rating, and for the issuance 

of a powered-lift type rating to be 

demonstrated. Instead, under new 

section 6.(b)(1)(i), the approved training 

program should detail the minimum 

content of the demonstration of 

proficiency and should include, at a 

minimum, the maneuvers and tasks 

contained in section 10 of the appendix. 

The FAA already has minimum 

maneuvers and procedures contained in 

the regulations that must be completed 

successfully in order for a person to be 

endorsed for solo flight in a poweredlift. The minimum maneuvers and 

procedures contained in paragraph 10 of 

appendix A are those that the FAA has 

previously found to be necessary in 

order for the person to successfully 

operate a powered-lift in solo flight. For 

the training conducted under appendix 

A, this baseline of maneuvers and 

procedures is adequate to ensure 

applicants are found to be proficient to 

operate a powered-lift in solo flight. An 

additional mitigation is that the 

applicants utilizing this appendix 

would be already rated at the 

commercial pilot certificate level in 

accordance with § 194.217. 

Additionally, the check pilot, TCE, 

authorized instructor, instructor pilot, 

an FAA ASI, or other person authorized 

by the FAA to administer this check 

may add any additional maneuvers or 

tasks they believe should be 

demonstrated by the applicant to ensure 

the applicant has retained the 

proficiency in the powered-lift to 

continue to the in-aircraft segments of 

the training program. The FAA 

considers these individuals qualified to 

administer the demonstration of 

proficiency because they have been 

deemed qualified to conduct the full 

check required by 4.(b) of the appendix. 

A demonstration of proficiency in the 

FFS is more appropriate than a repeated 

in-flight demonstration flight, to ensure 

that the trainee is adequately 

knowledgeable and proficient in the 

operation of the aircraft before 

continuing to conduct solo operations in 

the aircraft in the NAS. This is 

especially important as the flight 

instructor does not have the ability to 

intervene should an unsafe condition 

arise. Additionally, using an FFS for the 

demonstration of proficiency allows an 

instructor to provide additional 

guidance and training, if necessary, on 

items the trainee may require a refresher 

on due to the length of time since the 

original check was completed in the 

FFS (i.e., more than 90 days). 

After the additional demonstration of 

proficiency, pursuant to new section 

6.(b)(1)(ii), the applicant will be 

required to engage in another aircraft 

familiarity flight in accordance with the 

requirements of section 5.(b) of the 

appendix. Upon successful completion 

of the subsequent aircraft familiarity 

flight, the applicant may receive another 

endorsement for the applicant to act as 

PIC to accomplish the demonstration 

flight with an authorized instructor on 

board under section 6.(b)(2). This 

endorsement will be valid for 90 days 

from the day the demonstration of 

proficiency conducted in the FFS was 

successfully completed. 

Solo Flights 

Upon successful completion of the 

demonstration flight and after obtaining 

the endorsement to act as PIC of the 

powered-lift in solo flight, the applicant 

will begin the solo flight segment of the 

training program, as set forth in new 

section 6.(c) of the appendix. 

Specifically, the FAA finds that 

requiring the applicant to complete 20 

hours of solo flight in the aircraft will 

sufficiently ensure the applicant gains 

an equivalent level of proficiency as that 

under traditional flight training, as 

subsequently discussed. First, the FAA 

notes that under the traditional flight 

training framework for a commercial 

pilot certificate, an applicant is required 

to obtain only 10 hours of solo flight 

time under § 61.129(e)(4). The FAA 

finds that the solo flight time parameters 

are equally as vital in this alternate 

framework for experience in solo 

operations integrating the areas of 

operation listed in § 61.127(b)(5), night 

VFR conditions, and certain takeoffs 

and landings. However, the FAA 

recognizes that the SFAR provides relief 

to the cross-country solo requirement of 

§ 61.129(e)(4)(i). Therefore, under the 

appendix, the applicant may utilize the 

corresponding alternate provision for 

the cross-country time as set forth in 

§§ 194.217 through 194.231, as 

applicable. 

The FAA finds that because the 

applicant will have completed all flight 

training in the FFS rather than receiving 

exposure to the actual flight 

environment, the applicant will be 

required to obtain another 10 hours of 

solo flight time. The FAA finds that 10 

additional hours of solo flight time, 

which must include the maneuvers and 


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149 § 194.216(a). 150 § 194.216(b). 151By virtue of being the sole occupant in the 

powered-lift, the applicant would be the pilot in 

command of the powered-lift in flight. 

§ 61.51(e)(1)(ii). 

152The FAA expects that a certificate holder will 

detail these maneuvers and procedures in the 

appropriate module or lesson for their submission 

when seeking approval of their approved training 

program incorporating this new method of training. 

153This is similar to the original linear process of 

demonstration of proficiency in the FFS, aircraft 

familiarity flight, and demonstration flight, except 

the applicant will not be required to complete 

another aircraft familiarity flight and both 

demonstrations may be abbreviated in their content. 

procedures required for the issuance of 

the three ratings, is an appropriate 

amount of time to expose the pilot to the 

realistic operating environment (e.g., 

weather conditions, air traffic, etc.). 

Additionally, because the SFAR reduces 

the amount of pilot in command in a 

powered-lift time from 50 hours to 35 

hours 149 and permits 15 hours of those 

35 hours to be attained in an FFS,150 by 

the time the applicant completes the 20 

hours of pilot in command time 151 in a 

powered-lift, they will meet the 

eligibility requirements to take the 

practical test. 

Finally, § 194.233, adopted herein, 

sets forth alternate means to satisfy the 

cross-country aeronautical experience 

requirement for a commercial pilot 

certificate with a powered-lift category 

rating, specifically prescribed by 

§ 61.129(e)(3)(ii) and (iii) and (e)(4)(i). 

Section 194.233 replaces the 

requirements described in § 61.129(e)(ii) 

and (iii) and also requires an applicant 

to conduct an additional cross-country 

because of the reduction of the total 

straight-line distance from 100 nautical 

miles to 50 nautical miles. Although 

§ 194.233(a) requires three crosscountries to be conducted as flight 

training, under appendix A, the FAA is 

requiring the applicant to conduct all 

cross-country experience listed in 

§ 194.233 as solo flight in the aircraft. 

Although these cross-country flights 

will be conducted as solo flights, the 

applicant will already have conducted 

cross-country flights in the FFS 

representing the powered-lift as 

required by § 194.235. Therefore, the 

applicant will have demonstrated the 

ability to conduct a cross-country flight 

in the FFS and will be adequately 

prepared to conduct a solo crosscountry in the NAS because of their 

extensive training in the FFS, and the 

prerequisites set forth by § 194.215. 

Requiring in-aircraft cross-country 

flights in the NAS would ensure the 

applicant is exposed to items that may 

not be adequately replicated in an FFS 

environment, such as pilotage, dead 

reckoning, realistic ATC 

communications, and unforecast 

weather events, thereby ensuring the 

applicant correlates all previous training 

in a powered-lift. 

Lapse in Endorsement for Solo Flights 

The FAA anticipates that applicants 

will accomplish all the required solo 

tasks and flight hours within the initial 

90-day endorsement for the applicant to 

act as PIC of the powered-lift in solo 

flight. However, the FAA recognizes 

that there may be instances where an 

applicant is unable to complete those 

tasks and flight hours within the initial 

90-day endorsement (e.g., prolonged 

weather activity). The FAA identified 

two distinct scenarios that will require 

endorsement: re-endorsement within 

the 90-day endorsement window and reendorsement outside the 90-day 

endorsement window. 

If an applicant identifies that they 

will be unable to complete their solo 

flights within the 90-day time period, 

but that period has not fully lapsed yet, 

the applicant will be required, at a 

minimum, to complete a demonstration 

flight with a check pilot, a TCE, an 

authorized instructor, an instructor 

pilot, an FAA ASI, or another person 

authorized by the FAA, as set forth in 

new section 6.(d)(1). However, because 

the 90-day period has not yet lapsed, the 

applicant will not be required to 

demonstrate all maneuvers and 

procedures required for issuance of a 

commercial pilot certificate with the 

applicable ratings, as is required of the 

typical demonstration flight. Rather, the 

abbreviated demonstration flight must 

include at least the maneuvers and tasks 

set forth in section 10 of the 

appendix.152 Additionally, the person 

administering the demonstration flight 

may require any other maneuvers or 

procedures necessary to satisfactorily 

ensure the applicant maintains 

proficiency such that they are qualified 

to act as PIC. When the applicant 

successfully completes of the 

abbreviated demonstration flight, the 

person who administered the 

demonstration flight may endorse the 

applicant again to act as PIC of the 

powered-lift in solo flight for a period 

not to exceed 90 days. 

If the 90-day endorsement period has 

expired, an applicant will require a reendorsement to act as PIC of the 

powered-lift in solo flight. Because more 

than 90 days will have lapsed since the 

applicant demonstrated proficiency, the 

FAA finds it is necessary for the 

applicant to demonstrate proficiency 

again before operating the aircraft in 

solo flight. Therefore, the applicant will 

be required to successfully complete, 

first, another demonstration of 

proficiency in the FFS and, second, 

another demonstration flight with a 

person authorized to administer the 

demonstration flight on board, as set 

forth in new section 6.(d)(2). However, 

each of these modules may be 

abbreviated since the applicant has 

already completed a full check in the 

simulator and a full demonstration 

flight encompassing the maneuvers and 

procedures required for the issuance of 

the applicable rating(s). Using an FFS 

permits the person authorized to 

administer the demonstration of 

proficiency to provide training and 

allows for the applicant to regain 

proficiency, especially if any items are 

noted for which the applicant may lack 

proficiency. Conducting this 

demonstration of proficiency in the FFS 

gives the applicant an opportunity to 

practice maneuvers and procedures in 

an environment where no risk is posed 

to the applicant and the person 

administering the demonstration of 

proficiency, should the applicant’s 

proficiency lapse and result in an unsafe 

condition without the ability for the 

instructor to intervene. As previously 

stated, demonstration of proficiency in 

the FFS must include, at a minimum, 

the maneuvers and tasks contained in 

section 10 of the appendix. Upon 

successful completion of the 

demonstration of proficiency conducted 

in the FFS, the person administering the 

demonstration of proficiency may 

endorse the applicant to act as PIC to 

accomplish the demonstration flight 

with an authorized instructor on board. 

This endorsement will only be valid for 

90 days from the day the demonstration 

of proficiency conducted in the FFS was 

successfully completed.153 The 

demonstration flight conducted in the 

aircraft must consist of at least the 

maneuvers and procedures as outlined 

in section 10 of the appendix because 

the applicant will have already 

demonstrated base proficiency in the 

original cycle of proficiency 

demonstration and have experienced a 

refresher through the demonstration of 

proficiency in an FFS. If the applicant 

does not successfully complete the 

demonstration flight within 90 days 

from the day the demonstration of 

proficiency in the FFS was completed, 

then the cycle would start over again 

with the applicant completing another 

demonstration of proficiency in the FFS. 

In this specific scenario (i.e., an expired 

solo endorsement) the FAA finds that 

another aircraft familiarity flight should 

not be a requirement after a 

demonstration of proficiency in the FFS 

because the applicant would already 


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154The FAA notes specific stipulations to part 

194 were necessary to ensure the requirements in 

§ 61.129(e)(3)(iv) were attainable by the groups of 

pilots under the adoption of this SFAR (e.g., 

instructor pilots, test pilots, FAA test pilots, FAA 

ASIs, and initial cadres of flight instructors). 

Therefore, the provisions in §§ 194.217(b)(2), 

194.219(b)(2), and 194.221(b)(2) as adopted in this 

final rule provide parameters under which these 

pilot groups receive the necessary flight training 

toward the practical test. As described in section 

V.D.3.ii. of this preamble, the FAA notes all relative 

flight training requirements in parts 61 and 194 are 

still applicable to pilots receiving training under 

this appendix. Therefore, the FAA did not deem it 

necessary to add provisions in paragraph 7 

concerning the training in preparation for the 

practical test, because these provisions would 

already be applicable under the sections listed or 

§ 61.129(e)(3)(iv). 

155See section XVI. 

156Section 61.64(f). Section V.E.1. of this 

preamble discusses the amendments adopted in this 

final rule to § 61.64(e), where a person would not 

be required to have a limitation on their certificate 

if the person has 500 hours of flight time in the type 

of powered-lift for which the rating is sought. 

157Section 61.64(g). The pilot must also log each 

flight and the PIC who observed the flight must 

testify in writing to each flight. Additionally, the 

pilot must obtain the flight time while performing 

the duties of PIC. 

have some operational experience in the 

aircraft through, first, the original 

aircraft familiarity flight and, second, 

the original demonstration flight where 

the applicant demonstrated the 

applicable maneuvers and tasks to a 

person authorized to administer the 

demonstration flight. However, this 

does not preclude an instructor or a 

training program from requiring another 

aircraft familiarity flight if the training 

program or instructor determines it 

necessary in the interest of safety. Upon 

successful completion of the 

demonstration flight, the person who 

administered the demonstration flight 

may endorse the applicant to act as PIC 

of the powered-lift in solo flight, subject 

to any conditions and limitations the 

instructor believes are warranted. This 

endorsement will be valid for no more 

than 90 days from the day the 

demonstration flight is successfully 

completed. 

For example, an applicant 

successfully completes the FFS check 

on January 1, 2025, and the applicant 

then completes the aircraft familiarity 

flight on January 15, 2025. Immediately 

following the aircraft familiarity flight, 

the applicant receives the endorsement 

for 90 days to complete the 

demonstration flight, which will expire 

no more than 90 days from the date of 

the FFS check. To reiterate, the reason 

the 90 days begins on the date of the 

FFS check is because it is the date upon 

which the applicant has last 

demonstrated proficiency in the aircraft, 

as the applicant is just observing 

another pilot during the aircraft 

familiarity flight. Therefore, the person 

has 90 days from January 1, 2025, to 

complete their demonstration flight (i.e., 

the applicant acts as PIC while an 

authorized instructor observes). After 

the person satisfactorily completes their 

demonstration flight, the applicant will 

receive another endorsement by the 

authorized instructor to act as PIC on a 

solo flight even though the pilot is not 

appropriately rated. 

This endorsement starts a new 90-day 

clock to complete the solo flight time 

requirements. Thus, suppose the 

applicant successfully completes the 

demonstration flight on February 1, 

2025, and receives the endorsement to 

facilitate the solo flights. On April 25, 

2025, the applicant realizes that 

completing the solo flights before May 

2, 2025, (90 days from February 1, 2025) 

is unattainable. The applicant may 

complete an abbreviated demonstration 

flight with an authorized instructor, to 

include the maneuvers and tasks set 

forth by section 10. of the appendix 

because the original 90 days has not 

expired. The applicant will then receive 

another 90-day endorsement to 

complete the solo flights. Conversely, 

suppose the applicant does not 

complete the solo flights before May 2, 

2025, and realizes such on May 10, 

2025. The applicant will be required to 

successfully complete both an 

abbreviated demonstration of 

proficiency in an FFS, successful 

completion of which will result in a 90- 

day endorsement for the demonstration 

flight, and after successful completion 

of an abbreviated demonstration flight, 

the applicant will receive a 90-day 

endorsement for solo flight. 

Practical Test 

After the applicant completes all 

required training, experience, and solo 

flight under the training program, the 

applicant will then complete the 

appropriate practical test(s). First, under 

§ 61.129(e)(3)(iv),154 to apply for a 

commercial pilot certificate with a 

powered-lift category rating, a person 

must complete three hours of training 

on the areas of operation listed in 

§ 61.127(b) in a powered-lift with an 

authorized instructor in preparation for 

the practical test within the preceding 

two calendar months from the month of 

the practical test. Under new section 

7.(a) of the appendix, a person may 

complete this training in a Level C or 

higher FFS. The FAA notes that it is 

possible a person could complete the 

full training program in a timeline that 

would allow the crediting of the FFS 

training in this new section to meet the 

requirements of both § 61.129(e)(3)(iv) 

and section 7.(a). In other words, if the 

training program in section 4 of the 

appendix is completed within the 

preceding two calendar months, the 

activity could be counted for purposes 

of both the 20 hours of flight training 

and the three hours of practical test 

preparation. If the applicant does not 

have the three hours of training in 

preparation for the practical test within 

the preceding two calendar months from 

the month of the test, the applicant 

would be required to receive the 

required number of hours of instruction 

in an FFS to meet that three-hour 

requirement. 

Section 61.45(e) permits the use of an 

aircraft with single controls to be used 

for a practical test if certain provisions 

are met. Specifically, the examiner must 

agree to conduct the test in the aircraft 

with a single set of controls and the 

examiner must be in a position to 

observe the proficiency of the applicant. 

Additionally, § 61.45(e)(2) bars a test 

involving a demonstration of instrument 

skills from being conducted in an 

aircraft with single controls. Although 

using the single control aircraft to 

conduct the practical test is a 

theoretically viable option, the 

demonstration of instrument skills (as 

required by the instrument-powered-lift 

rating practical test and other discrete 

tasks that will be on the powered-lift 

category and type tests, such as a 

precision and missed approach) could 

not be accomplished in that aircraft, 

thus requiring the use of the FFS to 

demonstrate instrument skills, resulting 

in an SOE limitation, as subsequently 

discussed. When developing the 

practical test, as is typical practice, the 

examiner must ensure that the practical 

test meets the requirements of § 61.43, 

thereby encompassing all the tasks and 

maneuvers in the applicable Airman 

Certification Standards.155 However, 

since the practical test consists of tasks 

required for the issuance of the three 

ratings, if there is a duplication of a 

task, only a single demonstration of that 

task on the practical test is acceptable if 

the task is performed at the highest 

standard. 

As previously discussed in this 

section, when an applicant for a 

certificate or rating uses an FSTD for 

any portion of the practical test and 

does not meet certain experience 

requirements set forth in § 61.64, the 

applicant’s certificate will be issued 

with a PIC limitation.156 Under 

§ 61.64(g), the person may remove the 

limitation when the person performs 25 

hours of flight time in the aircraft 

category, class, and type under the 

direct observation of the fully qualified 

PIC.157 However, the FAA finds this 


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158Because flight time must be under the 

observation of another fully rated pilot, but the fully 

rated pilot would not be at the controls (and, 

therefore, unable to act as PIC), the FAA cannot 

restrict all persons from being on board the aircraft. 

The observing pilot would be considered as 

necessary for conduct of the flight. 

159The FAA expects the majority of test pilots 

and instructor pilots to meet § 61.64(e) with the 

comprehensive flight time they will accrue by 

virtue of the professional duties, which would 

springboard the first cadre of fully rated pilots to 

observe the flight activities in the appendix. 

160As discussed in the NPRM, the FAA considers 

cross-country experience as a foundational set of 

skills that is necessary for a pilot in a powered-lift. 

At the time of this final rule, the FAA evaluated 

certification project and the ranges that were 

reported to the FAA. The FAA is retaining this 

experience requirement and notes that a poweredlift capable of performing this cross-country flight 

must be used for issuance of an initial category 

rating. 

161The FAA notes that this cross-country flight 

may be credited to the overall 10 hours of flight 

time set forth in section 8.(a) of the appendix and 

is not a mutually exclusive requirement in addition 

to the 10 hours. 

limitation would not permit a pilot to 

conduct supervised operating 

experience for a powered-lift with single 

controls and a single pilot station 

because the PIC limitation would 

restrict the pilot from operating the only 

set of controls (i.e., acting as PIC). 

Therefore, to mirror the typical part 61 

training and testing regime, new section 

7.(b), will require that a person who 

uses an FSTD for any portion of the 

practical test in accordance with 

§ 61.64(a) after training in accordance 

with the appendix will receive a 

limitation stating the certificate is 

subject to certain PIC limitations and 

will be restricted from the carriage of 

persons or property other than 

necessary for the conduct of the 

flight.158 Additionally, the carriage of 

property for compensation or hire is not 

permitted, but the carriage of property 

under part 91 would be permitted, such 

as company materials. The FAA notes 

that if a pilot met the experience 

requirements of § 61.64(e), as adopted 

herein and subsequently discussed, the 

person would not receive the limitation 

on their certificate.159

Under new section 7.(c), the 

limitation may be removed from the 

pilot certificate by meeting the 

requirements set forth in section 8. of 

the appendix, which prescribes the 

requirements for supervised operating 

experience for a powered-lift with single 

controls and a single pilot station 

mirroring that of § 61.64(g). 

Supervised Operating Experience for a 

Powered-Lift With Single Controls and 

Single Pilot Station 

The PIC limitation that the pilot 

receives under the alternate framework 

of the appendix functions to restrict the 

carriage of persons or property on board 

the aircraft, other than necessary for the 

conduct of the flight while under the 

observation of a pilot who holds a 

category and type rating without 

limitations for that powered-lift. In 

practical terms, this would occur while 

a pilot who holds a PIC limitation is 

carrying another pilot while conducting 

supervised operating experience. In 

such scenarios, the pilot with the PIC 

limitation can carry persons or property 

because it would be necessary for the 

flight’s operation (i.e., for obtaining 

SOE). As previously discussed, under 

§ 61.64, a person receives a similar 

limitation under § 61.64(f), and 

§ 61.64(g) provides an avenue to remove 

the PIC limitation by completing certain 

SOE. This final rule applies the same 

concept in section 8.(a) of the appendix. 

As discussed, an FFS cannot fully 

replicate the operational experience that 

the actual flight environment provides 

to a pilot, which requires the pilot to 

operate the powered-lift while 

simultaneously making decisions, 

communicating with ATC, and 

interacting with other aircraft. Because 

the pilot will have attained all flight 

training in the FFS, the FAA finds that 

a certain degree of in-flight experience 

is necessary before the pilot may 

conduct commercial operations 

involving the carriage of persons or 

property (e.g., part 135 operations). 

To remove the limitation, under new 

section 8(a), an applicant seeking a 

powered-lift category rating, instrumentpowered-lift rating, and powered-lift 

type rating will be required to perform 

10 hours of flight time in an aircraft of 

category and type for which the 

limitation applies under the observation 

of a pilot who holds a category and type 

rating without limitations for that 

powered-lift. The FAA notes this is a 

reduction from the requirements of 

§ 61.64(g)(1), which requires 25 hours of 

SOE under the direct observation of the 

pilot in command who holds a category, 

class, and type rating, without 

limitations, for the aircraft. When 

setting the flight time requirement for 

SOE under this alternative, the FAA 

considered that the applicant will have 

been previously exposed to operating 

the powered-lift in the NAS while 

completing the training segment 

requirements through multiple flights 

atypical to the traditional training 

regime (e.g., aircraft familiarity flight, 

the demonstration flight). Additionally, 

during the applicant’s solo flight 

segments, they will have attained a 

minimum of 20 hours of PIC while 

conducting maneuvers, procedures, and 

cross-country flights as the sole 

occupant of the aircraft, rather than the 

option in § 61.129(e)(4), which permits 

the 10 hours of flight time to occur with 

an authorized instructor on board while 

performing the duties of PIC. 

To ensure the pilot is proficient in 

specific key flight regimes that were 

fully trained and tested in the simulator 

rather than the actual flight 

environment, the FAA finds it necessary 

to require certain elements within the 

SOE. Specifically, the FAA will require 

a cross-country flight to be conducted 

during SOE as stipulated in new section 

8.(b). Although the applicant will have 

gained an ability to conduct IFR 

procedures in the specific powered-lift 

type while conducting the cross-country 

requirements of § 194.235 in an FFS, the 

applicant will benefit from the 

additional experience of interacting 

with ATC that cannot be fully 

duplicated due to the sterile nature of 

the simulator environment, such as 

interactions with ATC, other aircraft, 

and the full flight environment, which 

all can be unpredictable. The presence 

of a fully qualified pilot supervising this 

cross-country flight will facilitate the 

fully qualified pilot to provide feedback 

or guidance on the PIC’s proficiency in 

cross-country elements in the actual 

flight environment. Therefore, this 

cross-country flight will mirror the 

requirements of § 194.235. This crosscountry flight must be on an IFR flight 

plan, consist of a flight of 100 nautical 

miles along airways or by directed 

routing from an air traffic control 

facility,160 consist of an instrument 

approach at each airport, and involve 

three different kinds of approaches with 

the use of navigation systems.161 Since 

there is only a single set of controls and 

a single pilot station, the applicant 

cannot conduct any portion of this flight 

with a view limiting device. 

Deviation for Level C or Higher Full 

Flight Simulator 

Many commenters discussed the use 

of novel technology (e.g., virtual reality 

(VR), extended reality (XR), and mixed 

reality (MR) systems) in simulation that 

could be used as a replacement for inaircraft flight training. However, those 

technological advancements have not 

yet been demonstrated to the FAA to 

ensure those novel technologies provide 

a level of fidelity equivalent to that 

which is currently applicable for a Level 

C FFS or higher qualification for any 

aircraft. However, the FAA recognizes 

that during the ten-year period of the 

SFAR, technological advancements 

might be developed and perfected, thus 

enabling the use of new technology to 

replicate the level of fidelity required 

for simulation to effectively replace all 


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162Level C FFS technical standards are defined in 

part 60 under Appendix A (airplanes) and 

Appendix C (helicopters), See 14 CFR part 60 

Appendices A and C. 

163FAA Order 8900.1 Volume 3, Chapter 2, 

Section 1, paragraph 3–41. 

in-aircraft flight training. Currently, this 

level of fidelity is only attainable in a 

Level C or higher FFS.162 If such 

technological advancements occur, and 

in order to be proactive and agile, 

section 9. of the appendix will facilitate 

deviation authority to enable training to 

be conducted in the new technology 

simulation device. Therefore, to 

authorize a deviation from the simulator 

qualification requirements in section 4. 

of the appendix, the Administrator must 

determine that the alternative training 

device is of adequate fidelity to be used 

as a substitution for in-aircraft flight 

training, and the effectiveness and 

objectives of the training program can be 

met utilizing the alternative training 

device. 

The FAA notes the deviation 

authority is only applicable to the level 

of fidelity necessary to replace flight 

training in the aircraft and, therefore, is 

only applicable to the FFS training for 

powered-lift with single functioning 

controls and a single pilot station 

alternative permitted under appendix A. 

For a deviation, the FAA currently 

provides direction on how to submit a 

deviation to the Administrator through 

policy in FAA Order 8900.1.163 The 

applicant must submit an application in 

writing and detail the specific 

regulatory section from which a 

deviation is requested, include the 

specific reasons for why the deviation is 

requested, demonstrate how an 

equivalent level of safety will be 

maintained, and any other information 

requested by the FAA based on the rule 

in which deviation is sought and the 

complexity of the operation to which 

the deviation would apply. The FAA 

sees that an evaluation of fidelity is 

critical to ensure the flight training 

environment is adequately replicated 

because this training device is replacing 

actual experience gained in flight. 

iii. Alternate Three: Deviation Authority 

While the FAA finds the two 

preceding options will facilitate 

opportunities for pilots to obtain 

powered-lift ratings in powered-lift that 

are not equipped with a full set of dual 

controls, the FAA acknowledges the 

potential development of technological 

advancements that could further enable 

flight training in a powered-lift 

equipped with single flight controls and 

a single pilot station. Specifically, these 

technological advancements may 

sufficiently facilitate flight training for 

powered-lift ratings but may not fit 

squarely into the frameworks set forth 

by new § 194.253(a) or (b). Such 

technological alternatives have not yet 

been demonstrated or validated at a 

level or with sufficient reliability that 

would be required to replace dual 

controls and two pilot stations in a 

powered-lift used for flight training. As 

such, permanent changes to the 

regulations are not appropriate at this 

time. However, given feedback from 

commenters, the FAA recognizes that 

during the ten-year period of the SFAR, 

current technological advancements 

could be perfected and integrated into 

the training footprint, including 

technologies not yet envisioned. To 

encourage innovation and provide a 

pathway for technological 

advancements that could achieve an 

equivalent level of safety as the purpose 

of §§ 91.109(a) and 61.195(g), the FAA 

will adopt deviation authority as a third 

alternative to allow for flight training in 

a powered-lift equipped with a single 

set of fully functioning controls to be 

used for flight training. 

First, this deviation authority will be 

limited to powered-lift equipped with a 

single set of fully functioning controls 

in an approved training program under 

part 135, 141, or 142. As previously 

discussed, programs under these parts 

have a higher level of FAA oversight 

than training that is conducted outside 

of an FAA-approved training program 

(i.e., through part 61). Additionally, this 

oversight provides the FAA the 

opportunity to ensure the quality of the 

training is maintained. It also allows the 

training provider and the FAA to gather 

data and monitor trends after approval 

of a novel system to be used in lieu of 

dual controls. In turn, this enables 

quicker detection and more responsive 

actions to correct deficiencies when 

those novel systems are used. 

When the training provider applies 

for a deviation to utilize a new 

technology or flight training plan to 

replace dual controls in a powered-lift 

used for flight training, the plan of 

action must incorporate characteristics 

that provide an equivalent level of 

safety that meets or exceeds the safety 

margin currently provided by a second 

set of controls in the same or similar 

powered-lift used for flight training. 

Flight training carries a higher risk 

compared to many other forms of flight 

operations because the maneuvers being 

taught may require the aircraft to be 

flown, for example, close to the ground, 

in a high-traffic environment, or at the 

limits of aircraft performance. 

Compounding these factors, poweredlift is new to flight operations outside of 

the military, and training in poweredlift is currently non-existent outside of 

the military. Flight training requires an 

instructor to be actively engaged in how 

the applicant is operating the poweredlift, to see and be aware of the flying 

environment, including other nearby 

aircraft, weather, terrain, class of 

airspace, etc., and all while providing 

high-quality instruction. Since, during 

flight instruction, the applicant is not 

rated or is inexperienced in an aircraft 

the responsibility for making the 

immediate corrective action falls on the 

person providing the flight instruction. 

Other than the flying skills necessary 

to make those corrective actions, 

recognition, and ability to make 

corrective actions are required. One 

important recognition factor to take into 

consideration for a system in lieu of a 

dual control aircraft, is that the 

instructor has the same visual cues 

available to them as the person flying 

the aircraft from their pilot station. This 

includes the field of view outside of the 

aircraft as well as inside the aircraft, to 

include the instrumentation and 

controls. This provides the instructor 

with the visual cues so they can 

determine if intervention is required. 

When intervention is required, the 

instructor must be able to take 

immediate corrective action and full 

control of the powered-lift to prevent a 

mishap. In addition, to provide effective 

instruction and timely and correct 

intervention, the FAA and the people 

using the technology needs to consider 

and understand how the advanced 

technology works and what its 

limitations are. Therefore, in the 

preceding example, the Administrator 

would consider the level of field of view 

the flight instructor will have outside 

the aircraft, as well as the one inside 

aircraft, including instruments and 

flight controls while conducting flight 

training. 

Another key element the 

Administrator will consider in granting 

deviation authority includes that the 

flight training and supervised operating 

experience requirements that can be 

effectively conducted using the system 

in place of dual controls installed on the 

aircraft. Although the system may 

provide the instructor or the pilot 

observing SOE with the required visual 

cues and the ability to take control of 

the powered-lift, effective flight 

instruction or SOE might not be 

possible, especially when considering 

all the maneuvers that can be required 

for flight training or any limitations of 

the system replacing the requirement for 

dual flight controls. Additionally, the 

instructor or pilot observing SOE would 

need the ability to see outside the 

aircraft what is normally visible from 


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164See FAA Order 8900.1 Volume 3, Chapter 2, 

Section 1, paragraph 3–41, which details that the 

request must be in writing, with the specific 

regulatory section from which a deviation is 

requested detailed, and include: the specific 

reasons for why the deviation is requested, how an 

equivalent level of safety will be maintained, and 

any other information requested by the FAA based 

on the rule in which deviation is sought and the 

complexity of the operation to which the deviation 

would apply. 

165An applicant would not receive the limitation 

if the completed tasks of preflight inspection, 

normal takeoff, normal instrument landing system 

approach, missed approach, and normal landing on 

the practical test in an aircraft appropriate to the 

category, class, and type for the rating sought, 

pursuant to § 61.64(f)(1). 

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

the pilot station, thereby enabling them 

to intervene or provide guidance when 

appropriate. It would logically follow, 

that if the instructor had no way to 

observe the student’s performance or 

what should be visible from a pilot 

station in the aircraft, they could not 

provide effective training or 

supervision. Continued effectiveness of 

the training provided under this 

deviation, and monitoring of such, also 

justifies why this deviation may only be 

granted to FAA approved training 

programs under part 135, 141, or 142. 

The additional FAA oversight will 

recognize deficiencies with a training 

program’s system and require corrective 

actions to continue to use the system 

permitted by the deviation. 

Therefore, the FAA adopts in this 

final rule a third option to facilitate the 

use of technological advancements that 

would replace the requirement for fully 

functioning dual controls when 

conducting flight training. Under 

§ 194.253(c), the training provider under 

part 135, 141, or 142 must demonstrate 

certain elements, as subsequently 

discussed, in a form and manner 

acceptable to the Administrator. As 

discussed in section V.D.3.ii. of this 

preamble, the FAA currently provides 

direction on how an applicant must 

submit an application for a deviation.164

During review of the deviation request, 

the FAA may request more information 

from the applicant to assist the FAA in 

determining if granting the deviation is 

warranted. Additionally, the applicant 

can provide revised information as 

necessary to address any deficiencies 

noted by the applicant or the FAA. 

Upon approval, the FAA will issue the 

certificate holder under part 135, 141, or 

142 paragraph A005 detailing the 

deviations approval as is currently done 

today. Additionally, as this technology 

evolves or the need for deviation further 

emerges, the FAA will update guidance 

as necessary. 

The first provision of § 194.253(c) 

allows for a deviation to be made to 

§§ 91.109 and 61.195 that considers the 

ratings held by the pilot and the 

certificate holder’s approval of a course 

of training that incorporates factors that 

would provide for an equivalent level of 

safety and afford for an instructor to 

immediately take control of the aircraft 

and recover from an unsafe condition. 

Therefore, § 194.253(c)(1) will require 

the certificate holder to demonstrate in 

a form and manner acceptable to the 

Administrator that the person providing 

flight training and the PIC observing any 

applicable SOE can take immediate 

corrective action and full control of the 

powered-lift and that the flight training 

and any applicable SOE can be 

effectively conducted in the poweredlift. Additionally, under § 194.253(c)(2), 

the alternate flight training and 

applicable SOE may not adversely affect 

safety. This demonstration could be 

done through a flight training versus 

solo complement, or even the 

development of a certificated system 

that would provide for an instructor to 

take control of the aircraft remotely. The 

FAA will not set strict parameters 

around this operational capability to 

allow for innovation that meets the 

safety intent of the existing sections 

requiring dual pilot stations with dual 

controls for flight training or SOE. The 

FAA notes that this provision is only 

applicable to operators of a powered-lift 

and only for the purposes of an initial 

cadre of pilots. The strict approvals 

provided by parts 135, 141, and 142 

would act as a safety mechanism by 

providing oversight to supplement the 

equivalent level of safety determination. 

Specifically, the deviation will be 

approved through the use of the 

operator’s operations specifications 

issued by the FAA. 

Under § 194.253(c)(3), the 

Administrator may cancel or amend a 

letter of deviation authority at any time 

the Administrator determines that the 

requirements of section 9 of appendix A 

are not met, or if such action is 

necessary in the interest of safety. Given 

the novel approach underpinning a 

deviation, it is especially important for 

the FAA to be able to require changes 

or rescind deviations upon a 

determination that the new approach 

results in safety concerns. In the case of 

a rescission, training in a powered-lift 

with single controls will need to 

proceed under another available 

regulatory avenue. 

E. Supervised Operating Experience of 

§ 61.64 

1. Amendment to § 61.64(e) 

Section 61.64 addresses the use and 

limitations of FFSs and FTDs for 

training or any portion of a practical test 

for certificates and ratings, including 

aircraft type ratings. Specifically, under 

§ 61.64, an applicant for an aircraft type 

rating may accomplish the entire 

practical test (except for the preflight 

inspection) in a Level C or higher FFS. 

To ensure the applicant has sufficient 

experience operating the aircraft prior to 

serving as PIC, an applicant must satisfy 

certain aeronautical experience 

requirements set forth in § 61.64(b) 

through (e), as appropriate to the type 

rating sought. If the applicant meets one 

of the aeronautical experience 

requirements, then the applicant 

receives a type rating without 

limitation. If an applicant does not meet 

one of these requirements, the applicant 

receives a PIC limitation on their 

certificate in accordance with 

§ 61.64(f)(2).165 The limitation may be 

removed from the certificate upon 

completion of the SOE requirement set 

forth in § 61.64(g): 25 hours of flight 

time while performing the duties of PIC 

in an aircraft of the category, class, and 

type for which the limitation applies 

under the direct observation of a 

qualified PIC who holds the appropriate 

ratings, without limitations, for the 

aircraft. 

As discussed in the NPRM,166 the 

FAA evaluated whether the 

requirements in § 61.64 would 

adequately implement the operation of 

powered-lift into the NAS. As it pertains 

to powered-lift, an applicant may 

accomplish the entire practical test for 

a powered-lift type rating in a Level C 

or higher FFS and obtain the poweredlift type rating without a PIC limitation 

on their pilot certificate if the applicant 

satisfies one of the experience 

requirements set forth in § 61.64(e). 

These options include: (1) hold a type 

rating in a powered-lift without an SOE 

limitation; (2) have been appointed by 

the U.S. Armed Forces as PIC of a 

powered-lift; (3) have 500 hours of flight 

time in the type of powered-lift for 

which the rating is sought; or (4) have 

1,000 hours of flight time in two 

different types of powered-lift. Upon 

comparing the experience requirements 

for powered-lift type rating applicants 

in § 61.64(e) to those experience 

requirements for airplane and helicopter 

type rating applicants in § 61.64(b), (c), 

and (d), the FAA determined during the 

development of the NPRM that the 

category-specific experience 

requirements for powered-lift type 

ratings in § 61.64(e)(1), (2), and (4) do 

not achieve the same objective as the 

class-specific experience requirements 

for airplane and helicopter type ratings 

in § 61.64(b)(1) through (3); (c)(1) 


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167While the FAA acknowledges that there are 

currently no type-certificated powered-lift, 

developmental and certification flight tests, which 

are conducted in accordance with an experimental 

certificate to the aircraft and authorization to the 

manufacturer’s test pilots, could be credited toward 

the pilot’s 500 hours of flight time in the type of 

powered-lift for which a rating is sought. 

168The FAA also proposed to make a conforming 

amendment to § 61.64(f) technical in nature that 

would replace the cross reference to § 61.64(e)(1) 

through (4) to only referencing paragraph (e). 

169As discussed in section V.D.3.ii. of this 

preamble, this final rule adopts certain 

miscellaneous amendments to make clear that 

regulatory references to class throughout part 61 are 

only appropriate if the regulations require classes 

for that category of aircraft. These miscellaneous 

amendments include § 61.64(g)(1). 

170Section 91.3(a). See also 14 CFR 1.1, which 

provides the PIC has final authority and 

responsibility for the operation and safety of the 

flight. 

171 GAMA, A Rationale Construct for Simplified 

Vehicle Operations (SVO), (May 20, 2019). 

172ALPA also supported the use of the highest 

fidelity devices (e.g., an FFS with six degrees of 

motion) to ensure the appropriate level of 

aerodynamic modeling. This preamble discusses 

the FAA’s FTSD position(s) in section IV.C of this 

preamble. 

173 Joby additionally recommended to remove the 

instrument requirements in the five checking points 

to be conducted in the aircraft. The FAA does not 

agree with Joby recommendation as this 

fundamental testing element minimally ensures a 

pilot can operate an aircraft in IFR conditions if 

necessary. As further discussed in section V.A. of 

this preamble, a pilot operating a powered-lift could 

be subject to inadvertent IMC, where a pilot must 

hold the requisite skills to operate an aircraft in 

IMC conditions. 

174The FAA quotes Archer’s phrasing here as the 

FAA is unsure what other requirements the FAA 

proposed to impose outside of the traditional 

airman certification framework that Archer intends 

to refer to. While the FAA proposed alternate 

requirements, the FAA finds these requirements are 

relieving rather than additional. 

through (3); and (d)(1), (2), and (4). 

Therefore, the FAA proposed the 

removal of § 61.63(e)(1), (2), and (4). 

However, the FAA proposed to retain 

§ 61.64(e)(3), 500 hours of flight time in 

the type of powered-lift for which the 

rating is sought,167 consolidated into 

§ 61.64(e) and adopts the provision as 

proposed.168 Powered-lift type rating 

applicants who do not use a poweredlift during the practical test and do not 

satisfy proposed § 61.64(e) (current 

§ 61.64(e)(3)) will be required to 

accomplish SOE in the type of poweredlift for which they obtain a type rating, 

pursuant to § 61.64(g). Pursuant to 

§ 61.64(g)(2), the SOE must be under the 

direct observation of the PIC who holds 

the category, class,169 and type ratings, 

without limitations, for that aircraft (as 

it applies to a powered-lift, a poweredlift category rating and a type rating). 

The alternate pathways adopted by this 

final rule will enable persons to obtain 

powered-lift ratings without a limitation 

on their commercial pilot certificates by 

training and testing in a powered-lift, 

therefore creating the initial cadre of 

qualified PICs to directly observe SOE. 

As previously stated, because the 

applicant would have a limitation on 

their pilot certificate that prohibits the 

applicant from serving as PIC in an 

aircraft of that type, the applicant is not 

acting as PIC of the aircraft during the 

SOE. Rather, the qualified PIC is 

observing the applicant performing the 

duties of PIC and is the only person who 

is directly responsible for and final 

authority as to the operation of the 

aircraft.170 Therefore, while SOE is not 

considered flight training so as to 

require dual controls by § 91.109(a), the 

supervising PIC must have access to 

controls in the aircraft to fulfill their 

responsibility to maintain direct 

responsibility for the operation and 

safety of the flight. The FAA explained 

in the NPRM that each powered-lift 

would be required to have a version of 

the aircraft that contains fully 

functioning dual controls, consistent 

with those expectations for flight 

training in airplanes and helicopters 

that require a type rating. Additionally, 

the FAA acknowledged a movement 

toward Simplified Vehicle Operations 

(SVO) whereby automation coupled 

with human factors best practices may 

reduce the quantity of skill and 

knowledge training that a pilot must 

acquire 171 as an alternate way to 

perform SOE in a powered-lift with 

single controls and a single pilot station. 

2. Alternate Requirement for PoweredLift Without Fully Functioning Dual 

Controls Used in Supervised Operating 

Experience When Adding a Type Rating 

The FAA continues to lack sufficient 

operational data to analyze and 

implement the use of the SVO 

technology that was noted in the NPRM. 

Without this information, it is not 

possible to codify permanent relief 

enabling SOE on an aircraft without 

dual functioning controls. However, as 

previously discussed, the FAA invited 

public comment specifically pertaining 

to how an applicant would meet the 

SOE requirements with a single set of 

flight controls in a powered-lift. ALPA 

generally agreed with the provisions of 

the proposal that rely on the use of an 

FFS 172 and that the pilot would receive 

a limitation on the grounds that SOE 

would ensure the pilot has adequate 

experience and competence operating 

the powered-lift in the actual flight 

environment. 

GAMA, NBAA, CAE, Eve, Joby, and 

L3Harris provided comments 

specifically pertaining to this question. 

Generally, commenters reasoned that 

SOE should only apply to newly rated 

PICs to ensure they are acclimated with 

performing PIC duties, not necessarily 

PICs who’ve already obtained PIC 

experience through the SFAR 

prerequisite ratings. GAMA, Joby,173

and Eve asserted that SOE is not 

mandatory for obtaining a type rating, 

even when the aircraft is equipped with 

a single set of controls. Specifically, 

commenters stated that SOE is not 

required when the five checking points 

of § 61.64(f)(1) can be assessed in 

aircraft with single controls at the 

examiner’s discretion under § 61.45(e). 

Archer expressed the lack of need for 

SOE, stating that the FAA’s purpose of 

SOE to ensure applicants have sufficient 

experience operating the powered-lift 

for which the type rating is sought in 

the actual flight environment prior to 

acting as PIC of the aircraft for the first 

time in the NAS is met through the 

‘‘other requirements’’ 174 the FAA is 

levying on pilots seeking a category and 

type rating. 

The FAA notes that the five checking 

points of § 61.64(f)(1) that commenters 

refer to are: (1) preflight inspection, (2) 

normal takeoff, (3) normal instrument 

landing system approach, (4) missed 

approach, and (5) normal landing. The 

FAA agrees with the commenters that 

SOE is not required if the applicant 

completes these five checking points in 

the aircraft because the person’s 

certificate would not be issued with a 

limitation. However, if the entirety of 

the practical test is completed in the 

FSTD or if the applicant completes one 

of the checking points in the FSTD, it 

follows that the certificate would 

receive a PIC limitation pursuant to 

§ 61.64(f)(2), unless the person meets 

one of the experience requirements set 

forth by § 61.64(b) through (e), as 

applicable. In that scenario, the PIC 

limitation may be removed by 

completing SOE pursuant to § 61.64(g). 

Additionally, the FAA agrees with 

Archer that the purpose of SOE is to 

ensure applicants have sufficient 

experience in the aircraft in the NAS 

and actual operating environment that 

the PIC would operate within. However, 

the FAA does not agree that SOE is 

entirely unnecessary on the basis of 

‘‘other requirements’’ that the FAA 

proposed in the NPRM or that SOE 

should only apply to initial PICs in the 

NAS. When SOE is required, the FAA 

does not give latitude based on the 

pilot’s experience in other categories of 

aircraft. Therefore, the FAA is not 

requiring anything more than is already 

required for a pilot when adding a 

different category or type to their 

existing certificate. If Archer refers to 

the prerequisites proposed in 


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175Supervised line flying is defined under 

AC120–53 as amended, is associated with the 

introduction of equipment or procedures requiring 

post-qualification skill enhancement during which 

a pilot occupies a specific pilot position and 

performs particular assigned duties for that pilot 

position under the supervision of a qualified 

company check airman. 

176 In other words, a person who has 500 hours 

of flight time in the specific type of powered-lift 

would not receive a limitation on their certificate 

warranting SOE. 

§ 194.215(a) (i.e., a commercial pilot 

certificate with at least an airplane 

category and single- or multiengine 

class rating or a rotorcraft category and 

helicopter class rating, and the 

corresponding instrument rating), the 

FAA finds that this would not ensure 

that a pilot possesses sufficient 

operating experience in the actual flight 

environment specific to the poweredlift. As discussed in section V.G.1 of this 

preamble, pilot proficiency does not 

exactly translate from category to 

category. While the pilot may have a 

plethora of PIC experience in the NAS 

in an airplane or helicopter, training 

and testing in a simulated environment 

necessitates operating experience 

specific to the powered-lift itself. 

Several commenters suggested 

alternatives to SOE. GAMA stated that 

the FAA does not need to grant a 

blanket authorization for SOE in single 

control aircraft. Rather, GAMA 

suggested two alternatives to ensure an 

equivalent level of safety and oversight. 

First, GAMA suggested amending the 

SOE regulations to include an alternate 

operation ‘‘as authorized by the 

Administrator’’ through a letter of 

authorization (LOA). Second, GAMA 

suggested the FAA make a 

determination during the FSB process as 

to whether the manufacturer 

demonstrates operational suitability and 

reduced pilot skill and knowledge 

required for safe operation such that 

pilots may be exempt from SOE or be 

authorized to conduct SOE virtually. 

Similarly, other commenters, such as 

L3Harris and Eve, suggested leveraging 

the FSB process to determine if a 

combination of SOE in an FSTD and 

scenario-based training (SBT), exposing 

the pilot to in-flight situations (i.e., 

situational awareness, workload 

management, communication, decision 

making) in lieu of SOE would meet an 

equivalent level of safety. Further, 

NBAA recommended utilizing the FSB 

process for a determination as to 

whether supervised line flying (SLF), as 

defined in AC 120–53,175 could be used 

as a post-qualification in lieu of SOE. 

Eve suggested utilizing line operational 

simulations, line-oriented flight training 

(LOFT), special purpose operational 

training (SPOT), and line operational 

evaluations (LOE) to comply with 

operating experience requirements in 

single pilot operations. 

The FAA finds the use of limitations 

and a broad overarching 

‘‘determination’’ would be arbitrary 

thereby not providing uniform 

expectations of manufacturers regarding 

the required pilot skill and knowledge 

for safe operation of an aircraft. The 

FAA would also not be able to broadly 

apply this relief to the manufacturer 

since the relief itself would be 

applicable to an individual pilot who 

has trained and tested entirely in the 

simulator. Further, the FAA does not 

agree with the feasibility of utilizing the 

FSB process to determine if SOE would 

not be required or reduced for a pilot 

operating a specific powered-lift. The 

FAA does not currently permit the FSB 

process to determine under what 

conditions SOE is required or could be 

reduced; a change of this nature would 

be a global change affecting all aircraft, 

which is out of the scope of this 

rulemaking, especially without any data 

or rationale to support safety 

considerations. 

The FAA does not agree with 

L3Harris and EVE’s suggestions to 

combine SOE with aircraft and FSTD 

experience. As discussed previously in 

this section, the FAA maintains its 

position that SOE is only valid when 

conducted in an aircraft due to the 

unique characteristics in the actual 

operating environment that the FFS 

inherently cannot replicate. 

The FAA also disagrees with NBAA 

and other commenters that suggest SLF 

is an adequate replacement to SOE. 

Powered-lift are coming to the civilian 

market for the first time and the only 

pilots with powered-lift experience in 

the NAS are military pilots and test 

pilots. Therefore, while applicants for a 

powered-lift type rating may accomplish 

their training and testing in FFS under 

an approved training program, the FAA 

has determined that applicants must 

have sufficient experience operating the 

powered-lift for which a type rating is 

sought as is the case for other categories 

of aircraft. As discussed further in 

section V.E.2 of this preamble, the FAA 

sees that the contents of AC 120–53 in 

regard to supervised line flying would 

not be applicable in this scenario 

especially in a standalone context with 

reference to § 61.64. Section 61.64 is 

applicable to every pilot receiving a 

rating, while supervised line flying is 

only a consideration when talking in 

terms of an air carrier’s approval of a 

training program. Powered-lift could 

benefit from supervised line flying if 

such is deemed necessary through an 

FSB but utilizing those standalone part 

61 requirements would not be 

appropriate. Initially, the SFAR enables 

certificate holders certain flexibility 

when considering receiving a pilot 

certificate under part 61 through 

training conducted under parts 135, 

141, and 142. 

However, in consideration of 

commenters’ general positions and this 

final rule’s facilitation of flight training 

in powered-lift with a single set of 

controls and single pilot seat, the FAA 

finds that it is appropriate to extend 

certain relief in the context of SOE as 

well. Pilots who already possess a 

powered-lift category and instrument 

rating and are only adding a poweredlift type rating to their certificate would 

be able to utilize regulatory pathways 

already provided in part 61 for training 

and testing in an FSTD. Specifically, as 

is currently applicable to airplanes and 

helicopters requiring the applicant to 

hold a type rating, even if those aircraft 

were equipped with a single functioning 

flight control and single pilot station, 

the type rating could be wholly 

accomplishable in a Level C FFS or 

higher per § 61.63(d) and § 61.64. 

However, after accomplishing the 

practical test for a type rating entirely in 

the simulator, the person would receive 

a limitation on their certificate with PIC 

restrictions, but the pilot observing the 

SOE would need to be onboard the 

aircraft from an observing position. 

Therefore, the FAA adopts new 

§ 194.255, which will contain the 

alternate requirements for powered-lift 

without fully functioning dual controls 

used in supervised operating experience 

when adding a type rating. 

New § 194.255 largely mirrors current 

§ 61.64(f) and (g), with minor revisions 

to account for the inherent limitations of 

a single controls and single pilot station 

aircraft. Notwithstanding the limitation 

prescribed in § 61.64(f), a person who 

does not meet the requirements of 

§ 61.64(e) 176 will receive a limitation on 

the certificate restricting the person 

from operating the powered-lift type 

from carrying any person or property on 

the aircraft, other than necessary for the 

purpose of the narrowly tailored 

parameters of SOE (see § 194.255(a)). 

New § 194.255(b) sets forth the removal 

requirements, which mirror § 61.64(g). 

Finally, under new § 194.255(c), the 

observing pilot will be required to have 

unobstructed visual sight of the controls 

and instrumentation. 


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177 88 FR 38946 at 38965 (June 14, 2023). 

178The FAA recognizes that the only pilots and 

flight instructors with powered-lift ratings are those 

obtained through the military competency 

provisions of § 61.73. While there are 

approximately 905 powered-lift pilots and 447 

powered-lift flight instructors (as of January 2024) 

through this process to form an initial cadre, these 

numbers are likely insufficient to meet forthcoming 

demands. 

179 14 CFR 121.431(b) defines an operating cycle 

as a complete flight segment consisting of a takeoff, 

climb, enroute portion, descent, and a landing. 

180This preamble addresses Archer’s comments 

pertaining to FSTD credit and cross-country time in 

sections V.D.2. and V.F.ii. of this preamble, 

respectively. 

181A sortie is a military aviation term typically 

used to describe the combat mission of a singular 

military aircraft. The FAA notes that there is no 

equivalent term in FAA regulations but understands 

the term in this situational context to refer to 

‘‘training flights.’’ 

F. Establishment of an Alternate 

Pathway for Pilot Certification 

The introduction of powered-lift as a 

new category of civil aircraft creates 

unique challenges for the training and 

certification of airmen. The traditional 

framework for a pilot follows an 

incremental path to build piloting skills 

through an iterative series of training 

activities with a flight instructor, 

accumulation of other flight experience, 

and successful completion of a practical 

test with an evaluator (i.e., student pilot 

to private pilot to commercial pilot to 

ATP for part 121 and certain part 135 

operations). Under this building block 

approach, a pilot must meet minimum 

aeronautical experience requirements at 

each certificate level which include 

total time and subsets of flight time like 

pilot-in-command time, night time, and 

cross-country time. In many instances, a 

portion of this time must be 

accomplished in the aircraft for the 

category rating sought. 

However, as discussed in the NPRM, 

two predominant barriers exist in the 

introduction of powered-lift into civil 

operations.177 First, the FAA does not 

anticipate that the initial powered-lift 

that obtain type certification will be 

broadly available for basic airman 

training and certification at the private 

pilot level. Rather, manufacturers intend 

to produce powered-lift for commercial 

purposes, meaning the initial pilots will 

be required to hold at least a 

commercial pilot certificate to act as 

required flightcrew members (i.e., PIC or 

SIC) for compensation or hire. This 

situation disrupts the building block 

approach to flight training and 

certification which is customary for 

other categories of aircraft. Second, 

because there are no civil powered-lift, 

a person would have difficulty 

obtaining flight training due to the low 

numbers of qualified flight instructors 

who constitute a key foundation of the 

civil airman certification framework 178

and would not have the necessary flight 

time in a powered-lift to be eligible for 

a rating at the commercial pilot level. 

To address these barriers without 

adversely affecting safety, the FAA 

proposed subpart B of part 194 to 

establish alternate pathways for pilots to 

obtain powered-lift ratings through 

alternate aeronautical experience 

requirements and expanded logging 

provisions, while maintaining the 

general building block framework 

prescribed by part 61. Many 

commenters supported the FAA’s 

general intention to create an alternate 

framework for powered-lift pilots in 

light of the aforementioned barriers to 

certification (i.e., current lack of 

powered-lift in civilian operations and 

lack of powered-lift flight instructors). 

Specifically, several powered-lift 

manufacturers agreed that the part 61 

framework is inadequate as applied to 

the integration of powered-lift in the 

NAS and expressed support for the 

concept of an alternate framework. 

Airlines for America agreed with the 

FAA’s framework in encompassing the 

current building-block approach while 

also redefining the aeronautical 

experience requirements for poweredlift. 

Alternate Approaches: Cycle-Based and 

Competency-Based 

Commenters recommended different 

approaches to certificating powered-lift 

pilots and flight instructors than that 

proposed by the NPRM, which 

leveraged the building block approach 

with alternate requirements where 

necessary. One commenter expressed 

that the FAA’s proposed alternate 

approach may be feasible as the 

industry matures, but that it is infeasible 

for initial powered-lift operations. 

Suggested alternatives included a 

competency-based approach and a 

cycle-based approach. 

Archer proposed a cycle-based 

approach in lieu of part 61 certification, 

specifically in context of the alternate 

experience framework in general and 

cross-country alternate requirements, 

stating that the traditional hours-based 

training and experience does not 

account for the unique characteristics of 

powered-lift. Archer stated that the 

length of training requirements is 

impossible to achieve in some poweredlift, specifically providing the example 

of powered-lift exceeding helicopter 

minimum training times. Archer urged 

the FAA to contemplate a cycle-based 

approach to pilot training utilizing 

§§ 121.434 and 61.159(b) as a guide and 

recommended amending 

§ 61.129(e)(2)(iii) to permit powered-lift 

pilots to substitute 10 operating 

cycles 179 for 10 hours of cross-country 

time.180

SAE International suggested 

developing pilot training criteria in 

accordance with ICAO Annex 1 

focusing on a competence-based, 

performance-based approach to pilot 

training and certification, much like 

EASA member states do. The 

commenter believed a more 

competence-based approach will 

mitigate risk and provide well trained 

and qualified pilots and instructors 

without being prescriptive (hours 

based). 

Similarly, Lilium proposed a 

competency-based approach to 

powered-lift certification rather than an 

hour requirement under the premise 

that some powered-lift will have limited 

endurance and range. Lilium stated that 

requiring in-flight hours will lead to an 

excessive number of ‘‘sorties,’’ 181

ultimately escalating training costs 

without improving safety. Instead, 

Lilium recommended a framework 

where a pilot demonstrates specific 

skills relevant to the operation of a 

particular powered-lift established by 

the FSB because applicants will already 

be trained and qualified as commercial 

pilots (with an instrument rating). 

Lilium emphasized flying experience 

already held by a pilot against the 

powered-lift type rating specifics and 

the operational characteristics of 

powered-lift (e.g., short duration flights 

with an emphasis on landings and 

takeoffs) whereby certification should 

be tailored to the representative 

conditions and maneuvers. GAMA 

echoed Archer and Lilium’s 

recommendation, stating that because 

the SFAR applies to already-qualified 

commercial pilots with significant 

experience, the elevated prerequisites 

justify a competency and trainingoriented curriculum rather than an 

hours-based approach. AWPC urged the 

FAA to consider flight hours required in 

a powered-lift that focus only on 

achieving the minimums required by 

§§ 61.65(f), 61.129(e)(3), and 

61.129(e)(4), which are training oriented 

requirements instead of a prescriptive 

time building metric. AWPC also urged 

the FAA to leverage a training and 

through a competency-based approach 

in combination with passing a practical 

test to ATP certificate standards. 

Finally, SAE International supported a 

competency approach to training and 

certification. 

The FAA declines to adopt a cyclebased approach or competencyVerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4700 E:\FR\FM\21NOR2.SGM 21NOR2

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182Specifically, § 61.159(b) permits a person who 

has performed at least 20 night takeoffs and 

landings to a full stop to substitute each additional 

night takeoff and landing to a full stop for 1 hour 

of night flight time to satisfy the 100 hours 

requirements of night flight time in § 61.159(a)(2). 

However, not more than 25 hours of night flight 

time may be credited in such manner. 

183Airplane Transport Pilot Certificate with 

Airplane Rating final rule, 34 FR 17162 (Oct. 22, 

1969). This provision was originally adopted in 

§ 61.145(b), later redesignated as § 61.155(b) in 1973 

(38 FR 3156). The 1997 final rule relocated 

§ 61.155(b) to present-day § 61.159(b) (62 FR 16220, 

Apr. 4, 1997). 

184Airplane Transport Pilot Certificate with 

Airplane Rating NPRM, 33 FR 12782 (Sept. 10, 

1968). 

185Section 61.153(d)(1). In lieu of a commercial 

pilot certificate with an instrument rating issued 

under part 61, an ATP applicant may meet the 

military experience requirements under § 61.73 to 

qualify for a commercial pilot certificate and an 

instrument rating (§ 61.153(d)(2)) or may hold 

certain foreign ATP licenses with instrument 

privileges or a foreign commercial pilot license 

(§ 61.153(d)(3)). 

186 ICAO Doc. 9868, Procedures for Air 

Navigation Services, Training, 3d Edition (2020). 

approach in this final rule for the 

following reasons. 

By referring to a cycle-based 

framework, the FAA understands 

commenters as meaning that operational 

cycles, as used in part 121, should be 

the model in which the FAA dictates 

experience requirements for applicants 

seeking a pilot certificate with poweredlift ratings. Section 121.431 provides the 

only FAA definition of ‘‘operating 

cycle,’’ which is specifically earmarked 

for the purpose of subpart O of part 121 

(Crewmember Qualifications). 

Specifically, § 121.431(b) defines an 

operating cycle as a complete flight 

segment consisting of a takeoff, climb, 

enroute portion, descent, and a landing. 

Within part 121, the cycle-based 

approach is not used in the context of 

flight training, but rather it refers to 

activity after a part 121 pilot completes 

an air carrier training program and is 

designed to consolidate what the pilot 

has learned in training. Part 121 

flightcrew members utilizing these 

provisions are certificated pilots in 

accordance with part 61, which means 

they have obtained significant operating 

experience in the category, class, and 

type, where appropriate, of aircraft to 

achieve initial certification. At such 

time, the pilot already holds the 

category and type rating necessary to 

operate the aircraft and the pilot has 

already met the cross-country 

requirements in category and 

demonstrated proficiency in operating 

the aircraft to receive a type rating. 

Additionally, this substitution of hours 

with operating cycles occurs while 

under supervision of a check pilot, for 

the purpose of this experience of an air 

carrier’s overall compliance with part 

121, not for initial category and type 

certification. 

In sum, the purposes of § 121.434 and 

the use of operating cycles (i.e., 

preparing a pilot specifically for part 

121 operations) are vastly different from 

the traditional certification framework 

and corresponding alternate experience 

requirements for powered-lift. Because 

the FAA only has experience and 

operational data of operating cycles in 

an unparalleled training scenario (i.e., 

in the context of additional training 

after the foundational certificates and 

ratings are obtained), and commenters 

did not provide any supporting data to 

justify a pivotal airman certification 

transition, the FAA does not find that 

the use of operating cycles to obtain a 

powered-lift category rating provides an 

equivalent level of experience to ensure 

foundational proficiency when 

obtaining an initial powered-lift 

category rating. 

Archer also urged the FAA to adopt 

a model like that set forth by § 61.159(b) 

that would permit a pilot to substitute 

cycles of a takeoff and landing to a full 

stop for one hour of flight time to satisfy 

certain aeronautical experience 

requirements.182 The FAA finds that the 

substitution in § 61.159(b) is not feasible 

to implement into a model for poweredlift certification at this time. The FAA 

proposed the substitution of 20 night 

takeoffs and landings as currently set 

forth by § 61.159(b) in 1968, which was 

later adopted in 1969.183 The proposed 

rule 184 explained that the aeronautical 

experience for an ATP certificate 

required at least 100 hours of night 

flight time with no minimum number of 

landings. Additionally, when flight 

times were first developed in the 

regulations, airplanes had to stop more 

frequently for fuel and, therefore, logged 

more takeoffs and landings in the 100- 

hour time frame. 

However, the FAA noted that because 

of technological advancements, 

airplanes made fewer fuel stops and, 

therefore, accomplished many fewer 

landings within the ATP night flight 

time experience of 100 required hours. 

Therefore, to account for this 

discrepancy, as well as to ensure 

proficiency in operations involving a 

reduction in a pilot’s vision, associated 

darkness, and available lighting, the 

FAA adopted the substitution in 

§ 61.159(b) to incentivize an applicant 

for an ATP certificate to complete these 

critical flight operations to proficiency 

without instituting a required minimum 

in the regulations. However, this time is 

limited to 25 hours of the 100 hours of 

required night flight time experience; 

therefore, requiring pilots to still attain 

at least 75 hours of night flight time. 

Comparably, the FAA notes that the 

cross-country flight time required for a 

powered-lift pilot certificate is ten 

hours, and vastly less than the 100 

hours of night flight time the 

commenter’s comparison is based upon. 

As discussed in section V.A. of this 

preamble, one critical point of pilot 

proficiency in the powered-lift category 

is the transition period from vertical 

take-off to horizontal flight and back to 

vertical landing. Should the FAA 

contemplate a takeoff and landing cycle 

mirroring § 61.159(b), the transition 

period into vertical flight would be a 

critical element to include in the scope 

of that cycle, which would be the 

equivalent of a cross-country flight. The 

situations a pilot encounters during the 

terminal and enroute portions of a crosscountry flight constitute valid 

experiences to increase a pilot’s 

opportunity to use dead reckoning and 

pilotage over the entire route, not only 

the takeoff or landing portion of the 

flight. The FAA further discusses 

endurance challenges in cross-country 

requirements in section V.F.4.ii. of this 

preamble. 

Additionally, the FAA notes this 

substitution’s applicability to those 

applicants seeking an ATP certificate is 

different from the minimum certificate 

level held by the target cadre of pilots 

this SFAR is directed toward. An 

applicant for an ATP certificate with an 

airplane category rating must hold a 

commercial pilot certificate with an 

instrument rating issued under part 

61,185 inherently including a 

prerequisite level of experience in the 

airplane category. In the absence of data 

presented to support a cycle-based 

substitution, the FAA finds that 

implementation of a cycle-based 

framework at the foundational entrylevel of pilot certification for poweredlift may introduce a reduction in pilot 

proficiency in comparison to the 

traditional pathways of airman 

certification. 

Similarly, at this time, the FAA does 

not find it appropriate to implement a 

novel approach to initial category 

ratings through competency-based 

training. As defined by ICAO, 

competency-based training is training 

and assessment characterized by a 

performance orientation, emphasis on 

standards of performance, and their 

measurement and the development of 

training to the specified performance 

standard.186 Traditionally, a 

competency-based training framework is 

free of defined schedules and hour 

requirements. While operators under 

parts 121 and 135 regularly utilize 


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187Pioneer of educational psychology, E.L. 

Thorndike formulated three laws of learning in the 

early 20th century. These laws are universally 

accepted and apply to all kinds of learning: the law 

of readiness, the law of exercise, and the law of 

effect. Since Thorndike set down his laws, three 

more have been added: the law of primacy, the law 

of intensity, and the law of recency. Primacy in 

teaching and learning, stipulates that what is 

learned first, often creates a strong, almost 

unshakable impression and underlies the reason an 

instructor needs to teach correctly the first time. 

Aviation Instructor’s Handbook, FAA–H–8083–9B 

(2020) pages 3–11 through 3–12. 

188The FAA recognizes this in a balance of 

crediting certain experience, while also requiring 

specific experience relative to the ratings and 

certificates a pilot is accomplishing. For example, 

§§ 61.129 (a)(4), 61.129 (b)(4), and 61.129 (c)(4) 

require solo experience to be conducted in singleengine airplane, multiengine airplane, or helicopter. 

Likewise, 10 hours of flight training and specific 

cross country flights are required to be 

accomplished in the specific category of aircraft 

required for single-engine airplane, multiengine 

airplane, or helicopters by §§ 61.129 (a)(3), 

61.129(b)(3), or 61.129 (c)(3) respectively. The FAA 

has found it appropriate to codify these existing 

requirements, as applicable to the ratings sought, 

and finds these contributing human factors 

considerations are integral to overcoming any 

negative learning effects from previous experience 

a pilot may have in a different aircraft. 

competency-based training (and cyclebased framework) to facilitate additional 

and specific experience for more 

complex operations, the FAA does not 

utilize competency-based training as a 

pathway to airman certification in part 

61 (neither foundational initial 

certification nor added ratings). 

Under the traditional airman 

certification process under part 61 (and 

part 141), a pilot must meet minimum 

aeronautical experience requirements at 

each certificate level that include total 

time requirements (e.g., 250 total hours 

to be eligible for a commercial pilot 

certificate) and subsets of flight time 

like pilot-in-command time, nighttime, 

and cross-country time. While these 

requirements are characterized by time 

components, this framework ensures 

that flight training envelops smaller 

blocks of flight training (e.g., instrument 

training in a powered-lift under 

§ 61.129(e)(3)(i)) or flight time (e.g., 10 

hours of cross-country flight time in a 

powered-lift under § 61.129(e)(2)(ii)) 

that, together, constitute the total 

objective of minimum aeronautical 

experience for a category rating on a 

certificate (e.g., 250 hours of flight time 

for a commercial pilot certificate with a 

powered-lift category rating). 

Additionally, these subsets are tethered 

to flight proficiency regulations 

respective to the certificate sought (e.g., 

§ 61.127(b)) to ensure a person receives 

training on critical areas of operation. 

The applicable Airman Certification 

Standard or Practical Test Standard 

mirrors these areas of operation as the 

practical test standard. An hours-based 

approach ensures a set amount of flight 

time, exposing the pilot to a crosssection of, for example, flight 

environments, scenarios, and potential 

emergencies. Conversely, a wholly 

competency-based framework may not 

ensure a pilot receives such 

comprehensive exposure to 

foundational aeronautical experience, 

particularly where a practical test 

cannot encompass every flight scenario 

to confirm an independent 

determination of competency. For 

example, an applicant for a commercial 

pilot certificate is required to conduct 

aeronautical experience at night but is 

not required to demonstrate competency 

during a practical test at night. 

In regard to commenters’ reference to 

experience already held as a helicopter 

or airplane pilot, as the FAA outlined in 

section V.E of this preamble, this would 

not be wholly appropriate. Because a 

powered-lift is essentially a hybrid 

aircraft, pilots who have completed 

airplane training or helicopter training 

are not going to have 1:1 proficiency in 

a powered-lift. In other words, a pilot 

fully trained to only airplane 

proficiency will not have experience in 

a vertical land and takeoff regime and, 

conversely, a pilot fully trained to only 

helicopter proficiency will not have 

experience in horizontal flight regime. 

Furthermore, pilots who first received a 

pilot certificate in an airplane or 

helicopter could have deeply ingrained 

tendencies due to the law of primacy 187

that can be very difficult to overcome. 

The FAA notes that this could have a 

significant impact on a pilot 

transitioning from airplane or helicopter 

to powered-lift. For example, a pilot 

performing a circling approach is 

conducting a maneuver requiring 

physical skills, while also cognitively 

evaluating surroundings to manage the 

flight path and perform a safe landing in 

the aircraft in which the circling 

approach is being conducted. During 

this maneuver, the pilot must 

incorporate motor skills as well as 

cognitive abilities to correlate the 

surrounding environment while being 

able plan and execute an appropriate 

flight path to safely land (i.e., 

considering possible interaction with 

other traffic, maintaining clear of clouds 

while on the approach). If the applicant 

first learned this in an airplane, and 

then was transitioning to conducting the 

task in a powered-lift, what was first 

learned in the airplane would be in the 

forefront of a pilot’s actions. Checklists, 

procedures, and maintaining positive 

control of the aircraft while executing 

this maneuver in a different category of 

aircraft warrants training in the aircraft 

on specific maneuvers to ensure the 

pilot has the skills necessary to operate 

in the NAS. 

Furthermore, the FAA disagrees that 

training wholly in a simulator would 

effectively mitigate any negative transfer 

of learning present due to the pilot’s 

previous experience. Effective training 

under realistic operating conditions and 

variability (i.e., in an aircraft versus in 

a simulator) provides the operational 

experience necessary for a pilot to 

overcome primacy. Simulator 

experience can present an environment 

that helps develop a pilot’s motor skills 

as well as their cognitive skills to 

respond to a scenario. However, when 

obtaining a category rating, the 

integration of motor skills with 

cognitive skills is only fully attained to 

a level that mitigates any negative 

tendencies due to the law of primacy 

when the pilot is provided the 

opportunity to perform functions in the 

actual flight environment.188 Therefore, 

these possible proficiency gaps 

necessitate experience specific to a 

powered-lift rather than fully crediting 

a pilot with an airplane category or 

helicopter class rating with a poweredlift category rating. 

Additionally, the FAA does recognize 

the time that a helicopter or airplane 

pilot has through prerequisites in the 

alternate framework and generalized 

requirements in § 61.129. For example, 

§ 61.129(e)(1) requires 100 hours in a 

powered aircraft, only 50 of which must 

be in a powered-lift. Other than the 

requirement that the aircraft used be a 

powered aircraft, the regulation does not 

specify which powered aircraft the other 

50 hours must be accomplished in. 

Therefore, the other 50 hours could be 

accomplished in an airplane or 

helicopter. 

Finally, an SFAR intended to 

facilitate operations of a new and novel 

category of aircraft is not the 

appropriate place to implement a new 

airman certification framework due to 

the lack of operational data to illustrate 

that a novel framework would provide 

an equivalent level of safety in initial 

pilot category training. For these 

reasons, this final rule does not 

introduce a cycle-based or competencybased pathway to initial powered-lift 

ratings at this time. 

Safety Management System Processes 

A4A stated that any effort to provide 

alternative flight time and experience 

requirements should be vigorously 

vetted through the Safety Risk 

Management (SRM) process. 

The FAA uses a Safety Management 

System (SMS) to integrate the 


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189FAA Order 8040.4C Safety Risk Management 

Policy. 

190See § 194.215(b). 

191While the commenter did not specifically 

opine on the alternate eligibility prerequisite itself, 

the FAA determined this point is best adjudicated 

in relation to the prerequisites for the alternate 

framework. 

192 § 107.1. 

193 §§ 107.73(c) and 107.74(b). 

management of safety risk into 

operations, acquisition, rulemaking, and 

decision making. SMS consists of four 

components: Safety Policy, safety risk 

management (SRM), Safety Assurance, 

and Safety Promotion 189 The FAA has 

its own established SRM policy, which 

supports the FAA’s SMS by providing 

the ability to consistently conduct SRM 

and provide safety risk information to 

decision makers. The NPRM proposed 

both limited permanent changes and an 

SFAR to facilitate powered-lift 

operations and permit the FAA to gather 

data and better understand what a 

comprehensive permanent regulatory 

framework should look like. The FAA 

has not identified any hazards with the 

narrowly tailored alternate experience 

that would trigger the SRM process. 

Additionally, with each alternate 

requirement proposed (and adopted in 

this final rule), the FAA likewise 

proposed (and adopts) certain risk 

mitigations (e.g., extra cross-country 

flights, requirements that the alternate 

requirements may only be utilized 

through approved training programs 

with FAA oversight). Since the FAA can 

initiate SRM at any time through its 

established policy, the FAA would 

initiate an SRM as necessary to ensure 

risk is mitigated. For example, if it 

becomes apparent that a specific hazard 

may exist because of the alternate 

experience, the FAA would initiate an 

SRM to identify and assess hazards 

related to the alternate flight time and 

experience requirements adopted in this 

final rule. 

The following sections briefly 

describe the proposed alternate 

requirements and address any 

comments on that proposal. To note, 

where the FAA did not propose and 

adopt an alternate aeronautical 

experience or logging provision, the 

person must meet the applicable part 61 

requirement, as appropriate.190

1. Applicability of Alternate 

Requirements 

Because the alternate eligibility 

requirements facilitate a degree of relief 

from certain provisions in § 61.129, the 

FAA proposed certain prerequisites to 

ensure the applicant possesses extensive 

flight experience and a solid 

foundational skill set in § 194.215(a). 

Therefore, except for the alternate 

requirements for cross-country 

discussed later in this section, to utilize 

the alternate aeronautical experience 

and logging requirements for obtaining 

a powered-lift category rating and 

instrument-powered-lift rating, the FAA 

proposed a person already hold at least 

a commercial pilot certificate with at 

least an airplane category and singleengine or multiengine class rating or a 

rotorcraft category and helicopter class 

rating. The FAA also proposed the 

person hold an instrument-airplane or 

instrument-helicopter rating that 

corresponds to a category rating held at 

the commercial pilot certificate level. 

Commenters generally supported the 

parameters proposed in § 194.215(a). 

A4A, Archer, and Bristow supported 

the proposal that alternate requirements 

be allowed only for pilots who already 

hold a commercial pilot certificate and 

corresponding instrument rating for 

another category of aircraft. Archer 

stated that the prerequisites offer a 

meaningful skills and experience 

advantage that substantially mitigates 

the challenge of training in aircraft that 

have different flight control 

characteristics, and may have a single 

set of controls, but share an operating 

environment and fundamental 

aerodynamics. Archer further noted that 

possessing one category rating to enable 

eligibility for another category rating is 

unprecedented but would constitute a 

near-term enabler for innovation. The 

FAA agrees with the benefits pointed 

out by commenters and emphasizes 

that, by virtue of holding these 

certificates/ratings, the powered-lift 

applicant will have, first, satisfied the 

respective aeronautical experience and 

training requirements and, second, 

demonstrated flight proficiency and 

competency through successful 

completion of the requisite knowledge 

and practical tests. Additionally, the 

applicant will have valuable practical 

experience, such as operating in the 

NAS, communicating with ATC, 

interacting with other air traffic, and the 

duties and responsibilities of acting as 

PIC of an airplane or helicopter. 

One commenter questioned whether 

pilots of aircraft that operate primarily 

in wing-borne flight should be eligible 

for powered-lift designations in general 

given that they are unlikely to 

experience the unique aerodynamic and 

handling qualities-related effects of 

aircraft that generate thrust via 

proprotors. The commenter also 

provided examples such as lateral 

darting, settling with power, untoward 

low airspeed aerodynamic effects, and 

one thrust-producing device operating 

within ground effect while the other is 

operating out of ground effect.191

Another individual suggested 

prerequisites consisting of an airplane 

category rating; rotorcraft category, 

helicopter class ratings; and part 107 

UAS certificate. The commenter 

acknowledged that this would narrow 

the pool of eligible pilots but stated that 

initial pilots with dual qualifications in 

addition to a part 107 UAS rating would 

be the most adequately situated to 

inform industry in training adaptation 

and procedures. 

The unique aerodynamic and 

handling qualities of a powered-lift 

necessitate specific powered-lift training 

and flight time, which is why a pilot 

who operates primarily in wing-borne 

flight (i.e., an airplane-rated pilot) must 

complete specific powered-lift 

aeronautical experience requirements 

rather than being automatically eligible 

for a powered-lift category rating solely 

on the basis of a prerequisite certificate. 

The prerequisites for the alternate 

framework simply function to ensure 

that an applicant has an advanced level 

of aeronautical knowledge as a 

foundation before capitalizing on 

certain relieving provisions. However, 

the FAA disagrees with the premise that 

holding a remote pilot certificate issued 

under part 107 translates into 

experience that should be credited or 

required in the applicability of the 

proposed alternate requirements for 

manned aircraft under this rulemaking. 

Part 107 applies to the registration, 

airman certification, and operation of 

civil small UAS within the U.S.192 To 

obtain a part 107 certificate, a person 

need only meet the eligibility 

requirements of § 107.61, which 

includes either (1) passing an initial 

aeronautical knowledge test covering 

the areas of knowledge in § 107.73 or (2) 

completes training covering the areas of 

knowledge in § 107.74, if the person 

holds a part 61 certificate (other than a 

student pilot certificate) and meets the 

flight review requirements of § 61.56. 

Several of these knowledge areas are 

specifically tailored to small UAS that 

would not translate to recognizable 

experience applicable to a powered-lift. 

For example, effects of weather on small 

UAS performance and operations will 

be handled differently by a remote pilot 

than the effects of weather 193 on a large 

powered-lift with a pilot physically 

onboard the aircraft. For these reasons, 

the FAA finds there would be little net 

benefit by also requiring a part 107 

small UAS rating on a person’s pilot 

certificate to the prerequisites of the 

alternate eligibility framework. 


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194Section 61.123 prescribes the general 

eligibility requirements for a commercial pilot 

certificate; paragraph (f) requires an applicant to 

meet the aeronautical experience requirements of 

subpart F (Commercial Pilots) that apply to the 

aircraft category and class rating sought (i.e., 

§ 61.129). 

195Pilot, Flight Instructor, Ground Instructor, and 

Pilot School Certification Rules, final rule, 62 FR 

16220 (Apr. 4, 1997). 

196See 88 FR 38946 at 38967 (June 14, 2023). 

197While this section discusses obtaining a 

powered-lift category rating on a commercial pilot 

certificate, section V.F.3. of this preamble discusses 

obtaining an instrument-powered-lift rating. 

198Section V.F.4. of this preamble discusses 

alternate means to satisfy the cross-country 

aeronautical experience requirements for a private 

pilot certificate with a powered-lift category rating 

and an instrument-powered-lift rating. 

199The FAA adopts these alternate eligibility 

requirements in a temporary state in the SFAR to 

obtain operational data to properly inform a 

permanent rulemaking in the future. 200 § 61.129(e)(1). 

Therefore, the FAA adopts the 

requirement that a person must hold at 

least a commercial pilot certificate with 

at least an airplane category and singleor multi-engine class rating or a 

rotorcraft category and helicopter class 

rating, and the corresponding 

instrument rating (i.e., instrumentairplane or instrument-helicopter), to 

utilize the alternate experience 

requirements (except for cross-country) 

in § 194.215(a). 

2. Obtaining a Powered-Lift Category 

Rating on the Commercial Pilot 

Certificate (§ 61.129(e)) 

Section 61.129(e) sets forth the 

aeronautical experience 

requirements 194 to obtain a commercial 

pilot certificate with a powered-lift 

category rating. Section 61.129(e)(1) 

through (4) require specific flight time, 

such as flight time in powered aircraft, 

flight time in powered-lift, PIC flight 

time (including a certain amount of PIC 

time in a powered-lift), cross-country 

time, flight training time, and solo flight 

time (or flight time performing the 

duties of PIC in a powered-lift with an 

authorized instructor onboard), 

resulting in at least 250 hours of total 

flight time. These flight time 

requirements specific to powered-lift, 

resulting from the 1997 final rule, 

largely mirror the aeronautical 

experience requirements for 

airplanes.195

By virtue of this rulemaking, and as 

extensively discussed in the NPRM,196

the FAA acknowledges the lack of 

certificated powered-lift in civil 

operations available in which pilots can 

build the necessary flight time required 

in § 61.129(e). Even with the 

introduction of powered-lift into civil 

aviation, pilots will encounter an 

inability to satisfy several of these 

requirements for a commercial pilot 

certificate (and an instrument rating 197), 

such as the required PIC flight time in 

powered-lift in § 61.129(e)(2)(i) and 

cross-country experience in powered-lift 

in § 61.129(e)(3) and (4). Additionally, 

the logging requirements of § 61.51(e) 

present obstacles for a pilot who is not 

rated in a powered-lift to log PIC flight 

time in a powered-lift. 

Therefore, the FAA proposed to 

enable certain applicants for a poweredlift category rating on their commercial 

pilot certificate to satisfy alternate 

aeronautical experience and logging 

requirements for (1) test pilots and 

instructor pilots, (2) the initial cadre of 

instructors, (3) pilots receiving training 

under an approved training program, 

including provisions that would enable 

certain applicants to credit time 

obtained in an FFS toward certain flight 

time requirements. The FAA also 

proposed alternate requirements for 

cross-country flights, which are 

generally applicable to all applicants for 

a commercial pilot certificate with a 

powered-lift category rating.198 This 

section discusses the adopted alternate 

framework in part 194 199 (i.e., alternate 

experience, logging, cross-country 

requirements, and provisions facilitating 

FFS credit) and responds to comments. 

While the alternate framework is 

largely adopted as proposed in subpart 

B to new part 194, the FAA determined 

the challenges presented in obtaining 

PIC flight hours in a powered-lift 

necessitate further relief in the context 

of hours required and available credit in 

an FFS, as subsequently discussed. 

Section V.F.6. of this preamble provides 

tables summarizing the adopted 

alternate requirements for persons 

seeking a powered-lift category rating on 

a commercial pilot certificate. 

The FAA received many comments 

pertaining to the total amount of hours 

of flight time in a powered-lift set forth 

by § 61.129(e)(1) and, second, the hours 

of PIC flight time in a powered-lift set 

forth by § 61.129(e)(2). The FAA did not 

propose an hour reduction to either of 

these provisions in the NPRM. Because 

each of these provisions apply to all 

populations of pilots under the SFAR 

(i.e., test pilots, instructor pilots, initial 

cadre instructors, and pilots receiving 

training under an approved training 

program), this section discusses the 

additional relief provided by this final 

rule to PIC flight time in a powered-lift 

and available FFS credit. Subsequent 

sections provide additional discussion 

applicable to specific pilot populations. 

Alternative Structured Options for 

Flight Time in § 61.129(e)(1) 

AWPC, GAMA, and Joby suggested 

reducing the requirement that a pilot 

must log 100 hours in a powered 

aircraft, 50 of which must be in a 

powered-lift.200 Each suggested 

structured alternatives in lieu of the 

hour requirement. AWPC noted the 

commonality between ACS utilized for 

training and testing and suggested that, 

in conjunction with the prerequisites to 

utilize the SFAR, the FAA should 

approve a course that is competency 

and training oriented rather than 

prescriptive time building. AWPC 

suggested credit through an Initial 

Operating Experience (IOE) or other 

SOE toward flight hours toward 

§ 61.129(e)(1). Similarly, 

notwithstanding Joby’s emphasis on 

eliminating the powered-lift category 

rating as discussed in section V.A. of 

this preamble, Joby suggested that the 

FAA facilitate other methods for 

obtaining aeronautical experience prior 

to conducting commercial operations in 

lieu of a category-based emphasis on 

time building. Joby specifically stated 

that § 61.129(e)(1) is not aligned with 

type-specific training and experience in 

the SFAR. Joby contended supervised 

line flying (SLF) requirements, 

including virtual observation or a 

probationary period, would be 

appropriate in light of the broader 

training program. Similarly, ADS 

recommended the FAA leverage the FSB 

process to require post-qualification 

SLF. Finally, GAMA questioned the net 

safety benefit of the requirement of 

§ 61.129(e)(1) flight time in a poweredlift as mere time-building and urged the 

FAA to transition away from 

§ 61.129(e)(1) time building and, 

instead, prioritize scenario-based 

training in an FSTD through SLF and 

LOFT. 

The FAA does not find that activities 

such as SLF, IOE, or LOFT achieve a 

level of safety for an initial powered-lift 

category rating such that a full 

substitution is warranted. SLF, IOE, and 

LOFT are tools utilized by an operator 

to transition a certificated pilot into the 

operational environment specific to that 

operator (i.e., structured flight training 

environments to line operations). For 

example, SLF is typically conducted 

upon the introduction of equipment or 

procedures for a specific pilot position 

and particular assigned duties within an 

air carrier (e.g., introduction of a new 

system like ADS–B, RAAS, or new 

operations like ETOPS), presuming the 

pilot is appropriately certificated and 


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201Section 61.129(e)(2). 

202To underscore, flight time that a pilot is 

currently accruing, and has previously accrued, that 

meets the conditions adopted in the SFAR may be 

applied toward the 50-hour requirement when the 

pilot applies to take the practical test. 203 87 FR 57578 (Sept. 21, 2022). 

rated. To date, these tools are not 

tailored toward flight training toward an 

initial category and type rating. 

The alternatives suggested by 

commenters (i.e., SLF, IOE, and LOFT) 

could all be used by certificate holders 

as supplementary to their part 135 

operations. However, the FAA does not 

find that these programs provide an 

equivalent or greater level of safety to 

the aeronautical experience 

requirements set forth by part 61 such 

that a reduction in flight time required 

for an initial powered-lift rating is 

justified at this time. The requirement to 

obtain a certain amount of flight time in 

the aircraft a pilot seeks a rating for is 

not a new or novel concept unique to 

powered-lift. While the FAA anticipates 

challenges with the traditional part 61 

framework, the FAA finds the alternate 

requirements, as adopted by this final 

rule, to be sufficient measures in 

furthering powered-lift civilian 

operations. Additionally, because there 

are no certificated powered-lift for 

civilian operations upon which the FAA 

may base an overhaul of the traditional 

training time and hours-based 

framework on, nor did commenters 

provide any data or persuasive 

evidence, the FAA declines at this time 

to implement the novel concept of 

category certificate elimination or credit 

of SLF, IOE, and LOFT toward an initial 

rating. 

Reduction of Powered-Lift Pilot-inCommand Time (§ 61.129(e)(2)) 

A person who applies for a 

commercial pilot certificate with a 

powered-lift category rating must log at 

least 250 hours of flight time consisting 

of at least, in pertinent part, 100 hours 

of PIC flight time, which includes at 

least 50 hours in a powered-lift.201

Under § 61.51(e)(1), as relevant to this 

section, a pilot may log PIC time only 

when the pilot is the sole manipulator 

of the controls of an aircraft for which 

the pilot is rated (category, class, and 

type rating, if appropriate) or is the sole 

occupant of the aircraft. While the FAA 

explained in the NPRM, and still 

maintains, that the proposal would 

permit pilots to log the time that meets 

the criteria in this final rule 

retroactively,202 the FAA did not 

propose to decrease the requirement to 

log 50 hours of PIC flight time in a 

powered-lift for any pilot under the 

SFAR. Many commenters urged the 

FAA to implement a provision reducing 

this requirement. 

Many commenters stated that the 50- 

hour requirement in existing 

§ 61.129(e)(2)(i) is simply a timebuilding requirement that does not add 

value to a pilot’s experience, especially 

where pilots under the SFAR will have 

extensive prior PIC experience through 

virtue of the prerequisite requirements. 

These commenters included: HAI, 

L3Harris, AWPC, GAMA, Lilium, 

Archer, and Supernal. 

Commenters stressed that the 

simplicity of powered-lift renders time 

building of little value and questioned 

the net safety benefit of a 50-hour 

requirement. For example, Archer 

proposed a 30-hour minimum 

considering the unique capabilities of 

powered-lift, many of which possess 

control frameworks that provide 

inherent hands-off stability. Archer 

noted that many OEMs’ reliance on 

battery electric driven propulsions 

would make maneuver-centric 

repetition in aircraft training difficult. 

Supernal emphasized the importance of 

the critical skill of transitioning between 

vertical and on-wing flight as opposed 

to total flight hours. Similarly, GAMA 

and L3Harris proposed a substitution 

like that set forth in § 61.159(b) whereby 

an applicant could perform a certain 

number of powered-lift takeoffs and 

landings in lieu of a certain amount of 

flight hours. Commenters also 

referenced commonality between 

maneuvers required by the powered-lift 

Airmen Certification Standards (ACS) 

and the airplane and helicopter ACS for 

purposes of the prerequisite 

requirements set forth by § 194.215. 

GAMA, Lilium, and AWPC emphasized 

that this gives further credence to 

reducing the hour requirement (i.e., 

because those pilots will have already 

demonstrated proficiency in overlapped 

tasks by virtue of holding the 

prerequisite ratings). 

Additionally, commenters urged the 

FAA to consider the environment 

within which training under the SFAR 

will occur to warrant a reduction in 

hours. Specifically, AWPC and GAMA 

emphasized that training under the 

SFAR would be conducted under an 

approved course under parts 135, 141, 

and 142, which require certain 

prerequisites to entry and a 

standardized course of instruction. 

Commenters, including Archer, likened 

this to courses under part 141, where 

the FAA approves certain reduced 

aeronautical experience time compared 

to part 61. Specifically, Archer noted 

that appendix I to part 141, (4)(c)(3) 

requires a minimum of 30 hours of flight 

training to add a helicopter class rating 

to an existing pilot certificate and urged 

the FAA to adopt similar parameters. 

Further, GAMA and AWPC cited the 

recent final rule, Recognition of Pilot in 

Command Experience in the Military 

and Air Carrier Operations,203 to 

support the premise that there is a lack 

of safety benefit provided by a timebuilding approach. Specifically, the 

commenters stated that the FAA 

explained in that final rule that time 

spent in certain flight regimes in a 

military powered-lift was equivalent to 

time in an airplane for the purposes of 

meeting specific aeronautical 

experience requirements for an ATP 

certificate. Both commenters stated that 

the minimum times should be linked to 

those specified in §§ 61.65(f) 

(aeronautical experience for the 

instrument-powered-lift rating), 

61.129(e)(3) (20 hours of training on the 

areas of operation in § 61.127(b)(5)), and 

61.129(e)(4) (solo flight time or flight 

time performing the duties of PIC with 

an authorized instructor on board), 

which are training oriented rather than 

time building, in conjunction with 

passage of a practical test to ATP 

certificate standards to ensure 

equivalent level of safety. 

Finally, several commenters 

emphasized that the 50-hour PIC flight 

time in a powered-lift set forth by 

§ 61.129(e)(2)(i) would present resource 

and cost challenges contrary to public 

interest. AWPC noted that time building 

in a large, multi-engine turbine powered 

tiltrotor would be contrary to public 

interest because of the consumption of 

large quantities of fuel, especially at a 

time when the AAM industry is making 

strides toward zero carbon emissions, in 

addition to other noise impacts. Other 

commenters, such as Lilium, noted that 

electric aircraft would have limited 

range and endurance capabilities that 

would make accumulating time in an 

aircraft difficult. HAI stated that 

requiring 50 hours of PIC in a poweredlift would be overly burdensome and 

unnecessary, especially considering the 

minimum qualifications a pilot would 

have to hold would be at the 

commercial pilot certificate level. HAI 

and GAMA expressed concern that the 

flight endurance and resource 

limitations would extend each FSB 

process from six to nine months. They 

further emphasized the challenges 

presented for OEM’s where FSB 

members would be required to travel 

long distances to conduct their duties. 

First, the FAA does not agree that 

aeronautical experience is only a timebuilding exercise but emphasizes that 

the aeronautical experience 


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204See Udo-Imeh, N. E., & Landry, S. J. (2021). 

Dimensions of Pilot Experience and Their 

Contributing Variables. 63rd International 

Symposium on Aviation Psychology, 376–384. 

corescholar.libraries.wright.edu/isap_2021/63. 

205 §§ 61.129(a)(2)(i) and (b)(2)(i). 

206See proposed § 194.223(c). 

207Specifically, to use the SFAR’s alternate 

framework, a person must already hold at least a 

commercial pilot certificate with at least an airplane 

category and single- or multiengine class rating or 

a rotorcraft category and helicopter class rating. The 

person will also be required to hold an instrumentairplane or instrument-helicopter rating that 

corresponds to a category rating held at the 

commercial pilot certificate level. 

208By virtue of a person holding the prerequisites 

as set forth in 194.215(a), the person would have 

accrued experience in horizontal flight or vertical 

land and take off such that regardless of the 

category the person holds, the person will have 

some degree of PIC experience in a powered-lift 

flight regime. Conversely, a person who holds, for 

example, an airplane category rating who seeks a 

rotorcraft category rating will only possess 

experience in a horizontal flight regime, 

inapplicable to the flight regime experienced in 

rotorcraft. The FAA notes that, while this time is 

valuable and applicable to powered-lift experience 

and operations, thereby warranting a reduction in 

PIC flight time as explained herein, actual 

experience in the category of aircraft (i.e., a 

powered-lift) is essential to attaining full 

proficiency in the powered-lift where aeronautical 

knowledge and operational gaps will exist by virtue 

of operation in another category of aircraft (e.g., an 

airplane category pilot will have no experience with 

vertical land and takeoff). Additionally, see section 

V.F. of this preamble for additional discussion on 

primacy effect. 

requirements are an iterative process to 

ensure a pilot has adequately trained to 

proficiency while gaining a minimum 

level of experience to be a safe pilot in 

the NAS. The FAA maintains the value 

in accruing experience in the aircraft 

through minimum time requirements, as 

such experience builds a pilot’s ability 

to respond and make decisions in 

unexpected conditions. For example, 

with respect to weather, some research 

indicates, first, a lower level of pilot 

experience increases accident rates 

versus incident rates during adverse 

weather events and, second, increased 

experience results in better decisionmaking abilities. The study also found 

that increased experience results in a 

lower accident rate than subgroups that 

had less pilot experience when studying 

actual occurrences related to adverse 

weather events.204

However, in light of commenters’ 

contentions, the FAA reevaluated the 

amount of time required by 

§ 61.129(e)(2)(i) for those pilots using 

the alternate framework set forth by the 

SFAR. Specifically, the FAA compared 

the experience requirements in existing 

§ 61.129 for airplanes (§ 61.129(a) and 

(b)) and helicopters (§ 61.129(c)) related 

to those required for a powered-lift 

rating (§ 61.129(e)). An applicant must 

have 50 hours of PIC flight time in an 

airplane when applying for an airplane 

single-engine rating and multiengine 

rating; 205 for a helicopter class rating, 

however, an applicant must only log 35 

hours of PIC flight time in the helicopter 

class to be eligible for a commercial 

pilot certificate. As discussed, to receive 

a powered-lift rating at the commercial 

pilot certificate level, a pilot would 

need 50 hours of PIC time in a poweredlift, which aligns with the time 

requirement for airplanes. 

While the NPRM did not propose to 

reduce the hours set forth in 

§ 61.129(e)(2)(i), it proposed to allow 

pilots under the SFAR receiving training 

from a certificate holder to credit up to 

15 hours of PIC time obtained in a Level 

C or higher FFS toward the 50-hour PIC 

requirement.206 However, after 

reconsidering the hybrid nature of a 

powered-lift in relation to the 

prerequisites 207 and requirements set 

forth under the alternate framework and 

weighing the current requirements in 

§ 61.129 for a commercial certificate for 

powered-lift, airplanes, and helicopters, 

the FAA agrees that a reduction in flight 

hours as PIC in a powered-lift under the 

SFAR would sufficiently ensure pilots 

are proficient in the duties of a PIC 

operating a powered-lift and alleviate 

some of the burden posed for operators 

of a powered-lift without jeopardizing 

safety. 

When determining the amount of 

reduced time, the FAA specifically 

considered a reduction to align with the 

PIC time in a helicopter. The FAA 

maintains that a powered-lift is 

essentially a hybrid between an airplane 

and helicopter While part 61 does not 

traditionally facilitate any category-tocategory reduction in PIC aeronautical 

experience, the hybrid status of a 

powered-lift, in conjunction with the 

mitigations discussed herein and certain 

operational symmetry between 

helicopter and powered-lift, substantiate 

the alignment of powered-lift PIC time 

to helicopter PIC time for pilots under 

the SFAR.208 While the FAA’s position 

is that powered-lift are, for practical 

purposes, operated largely like 

airplanes, key operational differences 

necessitate closer alignment with 

helicopter requirements for the 

purposes of airman certification than 

alignment with airplane requirements. 

Specifically, as noted by commenters, 

powered-lift operations will be of 

shorter range, resulting in condensed 

critical phases of flight as compared to 

airplanes, which should be reflected in 

the training footprint. Given that 

powered-lift training flights and 

commercial operations will generally 

consist of shorter range distances, 

combined with the advanced technology 

detailed by the commenters (e.g., handsoff capabilities, advanced automation, 

Simplified Vehicle Operations), the 

reduction in flight time will not 

negatively affect safety because 

applicants will conduct a substantial 

number of takeoffs, transitions from 

vertical and on-wing flight, and 

landings (i.e., the critical phases of 

powered-lift flight) within 35 hours, 

similar to helicopters. Conversely, 

airplanes inherently possess longer 

range capabilities, resulting in less 

burden to reach the 50-hour PIC time in 

an airplane and longer cross-country 

horizontal flight opportunity. 

Finally, applicants seeking a 

commercial certificate with a poweredlift category rating must conduct their 

training under an approved training 

program under part 135, 141, or 142 

under the SFAR to qualify for this PIC 

relief. As noted by commenters, 

appendix D to part 141, which sets forth 

the minimum curriculum for a 

commercial pilot certification course, 

and appendix I, which sets forth the 

minimum curriculum for an additional 

aircraft category rating course, generally 

facilitate a reduced hour footprint than 

the corresponding certificates in part 61. 

This relief is largely due to the greater 

oversight, structured training program, 

dedicated training facilities, and FAAapproved curriculum offered at the part 

141 pilot school. The FAA finds that the 

approved part 135, 141, and 142 

programs under which an SFAR pilot 

would receive training offer the same 

safeguards (e.g., oversight, structure, 

etc.) for certain reduced footprints such 

that a similar degree of relief may be 

offered for these approved programs 

without a reduction in safety. 

Therefore, the FAA is reducing the 

total hours of PIC in the powered-lift 

from 50 hours to 35 hours to situate 

pilots seeking a powered-lift rating 

under the SFAR more similarly on their 

commercial pilot certificate to those that 

are attaining a helicopter rating on their 

commercial pilot certificate. 

Notwithstanding the eligibility 

requirement specified in § 61.123(f), 

new § 194.216(a) will permit an 

applicant for a commercial pilot 

certificate with a powered-lift category 

rating under §§ 194.217, 194.219, 

194.221, or 194.223 to log 35 hours of 

pilot-in-command flight time in a 

powered-lift in lieu of the aeronautical 

experience requirement of 

§ 61.129(e)(2)(i) (i.e., 50 hours). In turn, 

this requires minor revisions to the reg 

text as proposed in those alternate 

experience provisions (§§ 194.217, 

194.219, 194.221, and 194.223). Because 

§ 194.216(a) renders § 61.129(e)(2)(i) 

inapplicable to pilots under the SFAR 


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

210See proposed § 194.223(d). This relief was also 

proposed for those pilots receiving training under 

an approved training program leading to an 

instrument-powered-lift rating in proposed 

§ 194.231(c). Section V.F.3. of this preamble 

discusses the instrument-powered-lift alternate 

experience requirements proposed and adopted in 

the SFAR. 

211UPS FF specifically drew comparisons to part 

121 AQP advances with FTDs of a lower level. 

seeking a commercial pilot certificate 

with a powered-lift category rating, the 

FAA finds it necessary to replace 

references proposed in part 194 from 

§ 61.129(e)(2)(i) to § 194.216(a). This 

cross-reference replacement is adopted 

in: §§ 194.217(b)(3), 194.217(c), 

194.219(b)(3), 194.219(c), 194.221(b)(3), 

194.221(c), and 194.223(c). 

The FAA notes this relief is only 

permitted under the limited 

circumstances set forth by the SFAR 

with the discussed mitigations and does 

not make a permanent change to 

§ 61.129(e)(2)(i). As discussed in section 

I.G. of this preamble, the benefit of the 

SFAR is to collect information over the 

lifespan of the temporary regulations. 

The FAA intends to use the time to 

determine whether a permanent change 

to § 61.129(e)(2)(i), congruent to PIC 

flight time in a helicopter, is justified in 

part 61. Additionally, as discussed 

further in the subsequent section of this 

preamble, this final rule will allow for 

15 hours in a Level C or higher FFS to 

be credited toward the PIC requirement 

of § 194.216(a) and expands this relief to 

all pilots under the SFAR. 

Relatedly, the FAA agrees with 

GAMA and AWPC that a similar 

concept was promulgated in the final 

rule Recognition of PIC Experience in 

the Military and Air Carrier Operations, 

although the two are not synonymous 

scenarios such that the traditional 

approach of garnering time in the 

aircraft is not warranted from a safety 

perspective. The Recognition of PIC 

Experience final rule allowed military 

pilots to credit flight time in a poweredlift while operated in horizontal flight 

only toward the requirements of 

§ 61.159(a)(5) (i.e., an airplane category 

rating). This change was to assist 

military pilots of powered-lift in 

qualifying for an ATP certificate in the 

airplane category supported by the 

premises that, first, a military pilot will 

have two to five times the amount of PIC 

time required by the regulation; second, 

military powered-lift pilots receive 

training and qualifications in airplanes 

prior to transitioning to a powered-lift; 

and, third, the comprehensive and 

demanding nature of military pilot 

training and military assessment of 

flight proficiency.209 These premises are 

not synonymously applicable to the 

qualifications required for the 

operations enabled by this SFAR. 

While not the basis for the FAA’s 

decision to reduce the PIC flight time, 

the FAA finds that this reduction will 

address commenters’ concerns about 

resources and cost to the training 

provider. To the extent that commenters 

suggested noise impacts would be 

implicated because of the additional 

time required to operate an aircraft 

toward pilot certification, the FAA notes 

that these aircraft will still be required 

to meet the noise requirements of part 

36; noise considerations are further 

discussion in section IV.B. of this 

preamble (‘‘Noise Certification’’). 

Expansion of FFS Credit Toward PIC 

Flight-Time Requirements 

Currently, § 61.129(i) permits a 

certain amount of credit for use of an 

FSTD to certain aeronautical experience 

requirements. Specifically, in pertinent 

part, § 61.129(i)(1) permits an applicant 

who has not accomplished the training 

required by § 61.129 in a course 

conducted by a training center 

certificated under part 142 to credit a 

maximum of 50 hours toward the total 

aeronautical experience requirements of 

§ 61.129 for a powered-lift rating, 

provided the aeronautical experience 

was obtained from an authorized 

instructor in an FFS or FTD that 

represents the powered-lift category and 

type. For applicants who have 

accomplished the training required by 

§ 61.129 in a course conducted by a 

training center certificated under part 

142, § 61.129(i)(2) permits the applicant 

to credit a maximum of 100 hours 

toward the total aeronautical experience 

requirements of § 61.129 for a poweredlift rating, provided the aeronautical 

experience was obtained from an 

authorized instructor in an FFS or FTD 

that represents the powered-lift category 

and type. 

To allow for more flexibility and to 

foster the development of an initial 

cadre of powered-lift pilots, the FAA 

proposed to temporarily permit certain 

time obtained in a Level C or higher FFS 

to be credited specifically toward the 

50-hour PIC flight time requirement in 

§ 61.129(e)(2)(i) in addition to the 

permitted use of credit in § 61.129(i). 

Specifically, to mitigate any risk with 

increasing creditable FFS time, the relief 

as proposed would have only applied to 

the group of pilots receiving training 

from an approved training program 

under the SFAR provided (1) the 

aeronautical experience was obtained 

performing the duties of PIC in a Level 

C or higher FFS representing the 

powered-lift category and (2) the FFS 

sessions were conducted in accordance 

with an approved training program 

under part 135, 141, or 142.210

The FAA did not receive any 

comments directly opposing crediting of 

time in this manner. In fact, several 

commenters commended the FAA on 

the approach in § 194.223(d) to credit 

aeronautical experience in this manner, 

citing limited range and endurance in 

the aircraft itself that could hinder the 

ability to perform repetitive, maneuvercentric training in the aircraft. However, 

many commenters who supported 

reducing the PIC time in a powered-lift 

also proposed the FAA permit the credit 

of even more time in an FFS toward the 

PIC time in a powered-lift. These 

commenters generally emphasized that 

FSTDs provide realistic, controlled 

training environments especially useful 

for training on abnormal and emergency 

procedures and specific operational 

scenarios. Commenters suggested 

crediting 35 hours of PIC time in the 

FFS, thereby only requiring 15 hours of 

PIC flight time in the powered-lift in 

flight (under the premise of the proposal 

retaining the 50 hours of PIC time in a 

powered-lift requirement) or permitting 

all PIC flight time in the FFS. 

Commenters included: Archer, Lilium, 

Bristow, GAMA, Supernal, and Flight 

Safety International. 

Commenters also urged the FAA to 

consider widening the scope from FFS 

to FSTD. Supernal recommended the 

FAA maximize the use of flight training 

devices and flight simulators used for 

proficiency and examinations and 

generally agreed with the need for high 

fidelity simulators utilized for training 

and qualification of a person seeking a 

powered-lift type rating. Archer agreed 

with the FAA’s approach to credit 15 

hours of flight training in an FSTD, but 

suggested the FAA should consider 

Level 6 FTD devices or higher to be 

considered in this credit. Archer stated 

that FTDs qualified under part 60 would 

encourage a more widespread 

application of innovative devices, 

ensuring training remains affordable 

and accessible for a broader range of 

operators. Archer described FTDs as 

offering a balanced approach to training 

through realistic simulation at a fraction 

of the cost of Level C or higher FFSs. 

Additionally, Archer stated that 

requiring a Level C FFS for PIC 

aeronautical experience does not align 

with regulations that offer flexibility 

and efficiency by use of an FTD such as 

§§ 61.64, 61.129(i), 141.41, and 142.59. 

CAE, FlightSafety International, 

BETA, UPS Flight Forward,211 and 

L3Harris also requested the FAA amend 


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212A powered-lift at the manufacturer will be 

actively working through the type-certification 

process with the experimental powered-lift and, 

therefore, the aircraft will not be type certificated 

when instructor pilots and test pilots operate the 

aircraft. Absent a type-certificate, the simulator 

would not be fully qualified under part 60 (see 

§ 60.13). This provision expands FFS credit to 

instructor pilots, test pilots, FAA test pilots, and 

FAA ASIs at the experimental aircraft stage, even 

though an FFS may not be fully qualified at that 

time, because the FFS could receive interim 

qualification. An instructor pilot or test pilot could, 

therefore, credit time in the interim qualified FFS. 

213See section V.F.3.i.c. of this preamble for 

discussion on the addition of FAA test pilots and 

ASIs to the alternate framework under the SFAR. 

214This rule does not preclude an applicant from 

crediting aeronautical experience as allowed in 

§ 61.129(i) toward a powered-lift rating. The FAA 

is allowing PIC aeronautical experience to be 

conducted in a Level C FFS or higher. 

215See FAA Aeromedical Safety Brochure, 

Spatial Disorientation: Why You Shouldn’t Fly By 

the Seat of Your Pants; FAA Medical Brochure 

Visual Illusions. Available at www.faa.gov/pilots/ 

safety/pilotsafetybrochures. 

216The FAA notes that use of a flight training 

device or flight simulator is still available as 

permitted in § 61.129(i). The ability to credit time 

spent in a Level C or higher FSS toward PIC time 

in a powered-lift would apply only to applicants 

utilizing the alternate experience requirements 

contained in § 194.216(b). 

the proposal to include any FSTD 

acceptable to the Administrator or that 

meets the equivalency of a Level C FFS 

rather than specify Level C FFS only. 

BETA suggested consideration of nonmotion or 3-degree-of-freedom platforms 

for creditable training and evaluation. 

As discussed in the preceding section 

of this preamble, this final rule reduces 

the amount of PIC flight time in a 

powered-lift from 50 hours to 35 hours. 

The FAA does not find a reasonable 

basis to allow a greater amount of credit 

than 15 hours, nor has the FAA received 

any compelling data on why a higher 

hourly amount of simulator training 

would provide an equivalent level of 

safety. The FAA finds that the operation 

of an aircraft in the NAS when adding 

a foundational category rating to a pilot 

certificate is important because FSTDs 

cannot fully replicate the operational 

experience a pilot receives in the actual 

flight environment, including, but not 

limited to, interaction with other 

aircraft, decision making experience and 

familiarity with actual air traffic control 

environment. 

In the proposal, the FAA intended to 

permit 30% of training in a Level C or 

higher FFS. While the FAA does not see 

a reason to reduce this amount in light 

of the total reduced PIC flight time in a 

powered-lift, particularly given 

considerations of abnormal and 

emergency procedures training 

opportunities afforded by simulation, 

the FAA notes that training in a Level 

C or higher FFS could now account for 

approximately 43% of the required 

time. Therefore, because time in an FFS 

that may be credited toward the PIC 

flight time in a powered-lift accounts for 

a larger footprint, the FAA finds that 

commenters’ concerns pertaining to 

limited ranges, cost, and accessibility 

are addressed. 

Additionally, after consideration of 

comments, the FAA does not find a 

reasonable basis to limit the population 

of pilots that may use this crediting 

provision. Under the proposal, an 

applicant for a commercial pilot 

certificate with a powered-lift category 

rating could only credit the 15 hours 

toward the 50-hour PIC flight time 

requirements in § 61.129(e)(2)(i), in 

relevant part, in accordance with an 

approved training program under part 

135, 141, or 142. However, the FAA 

finds it appropriate to generalize the 

provision to all pilots under the SFAR: 

a manufacturer’s test pilots and 

instructor pilots,212 FAA test pilots and 

ASIs,213 initial cadre flight instructors, 

and pilots receiving training under an 

approved training program. This final 

rule moves the framework of the 

provision from proposed § 194.223(d) to 

§ 194.216(b) to apply to all pilots under 

the SFAR, in accordance with the 

manufacturer’s proposed training 

curriculum, manufacturer’s approved 

training curriculum, or approved 

training program under part 135, 141, or 

142, as applicable to the pilot. 

However, the FAA maintains that 

credit is only appropriate for that time 

in a Level C or higher FFS. As discussed 

in section IV. C. of this preamble, the 

FAA described that a Level C FFS 

provides the minimum level of fidelity 

and motion cueing to replicate the 

environment for the time in which a 

pilot would normally be logging PIC 

time in the aircraft.214 FFSs qualified 

below a Level C FFS are typically not 

qualified for takeoff, landing, and taxi 

tasks for initial pilot training and have 

less stringent system latency 

requirements, ultimately resulting in 

slower responsiveness of the simulation, 

reduced visual system fields of view, 

and no minimum requirements for 

daylight or dusk visual scenes. These 

differences contribute to a lower level of 

fidelity of the simulation that would 

result in an overall lower level of 

immersion during a simulation event. 

Therefore, the FAA declines to broaden 

credit to Level A and B FFSs. 

Further, the FAA disagrees that FTDs 

would be adequate to warrant credit for 

PIC aeronautical experience at this time 

because an FTD meets lower thresholds 

than an FFS when qualified in 

accordance with part 60, resulting in a 

device characterized by a lower level of 

immersion and fidelity than that 

characterized in a Level C FFS or 

higher. Most levels of FTDs do not 

require a visual system and are not 

qualified to conduct takeoff, landing, 

and taxi training tasks, limiting their 

effective use for gaining PIC 

aeronautical experience. Without a 

visual display system, the PIC is unable 

to replicate taxiing, takeoffs, landings, 

and other aspects of a full flight in the 

aircraft which require a visual 

representation outside the aircraft. 

These are necessary tasks that would 

normally be conducted during a pilot’s 

accumulation of PIC experience. 

A Level 7 FTD is the only level of 

FTD that has a minimum qualification 

requirement for a visual display system. 

However, while a Level 7 FTD does 

have a visual display system and would 

be able to provide the necessary visual 

representations, unlike a Level C FSS or 

higher, a Level 7 FTD does not require 

a motion system. Therefore, the Level 7 

FTD is not capable of replicating the 

spatial orientation a pilot would 

experience in the aircraft. Spatial 

orientation is the natural ability to 

maintain body orientation or posture in 

relation to a surrounding environment 

at rest and during motion. Humans 

inherently maintain spatial orientation 

on the ground, so the three-dimensional 

environment of flight is unfamiliar to 

the human body and creates sensory 

conflicts and illusions that make spatial 

orientation difficult to achieve in certain 

scenarios. As such spatial orientation is 

an important part of the environment a 

pilot experiences during flight and is an 

important part of the experience gained 

through training due to the risks of 

spatial disorientation during flight.215

Training devices that do not utilize a 

motion queuing system are not able to 

replicate the unique environment in 

which the human body experiences 

sensory conflicts due to being aloft in a 

three-dimensional environment. 

Training in a Level C FFS or higher 

provides these important environmental 

experiences. Therefore, because of these 

differences and the concerns regarding 

pilot immersion, the FAA is retaining 

the requirement for a Level C or higher 

FFS to be utilized toward the PIC 

aeronautical experience.216

If industry can formulate an 

equivalent training footprint due to 

advancements in technology, the FAA 

would consider it at a future date. 

However, currently there are not 

sufficient levels of advancement in 

technology for the FAA to approve a 

lower qualified FSTD toward the 

requirements in this SFAR to be 


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217To facilitate flight tests for a non-certificated 

aircraft, the FAA issues an experimental certificate 

to the aircraft for research and development and 

showing compliance with the FAA’s regulations. 

See § 21.191. 

218 In this case, an experimental certificate is 

issued for the purpose of crew training. See 

§ 21.191. 

219Specifically, under §§ 194.217(a) and 

194.219(a), as adopted, the flights must be 

conducted in an experimental powered-lift at the 

manufacturer and the test pilots and instructor 

pilots must be authorized by the Administrator to 

act as PIC of the experimental powered-lift. 

220See section V.G.i.d. of this preamble for the 

addition of FAA test pilots and ASIs to the alternate 

framework adopted by this final rule. 

221The FAA notes that test pilots and instructor 

pilots would be the persons providing training to 

the FSB pilots and initial cadre of instructors in 

parts 141, 142, and 135 training programs under 

proposed §§ 194.221, 194.223, 194.229, and 

194.231. 

222The FAA notes that there are limited 

circumstances that an applicant may apply for a 

pilot certificate without taking a practical test. 

Pursuant to § 61.73, an applicant may apply on the 

basis of his or her military pilot qualifications and 

receive a commercial pilot certificate with 

appropriate aircraft category, class, instrument 

rating and type rating so long as the pilot has 

received this qualification in the Armed Forces and 

presents evidentiary documentation in accordance 

with § 61.73(b) and (h). The FAA allows for this to 

be conducted without a practical test because 

applicants in accordance with § 61.73 accomplish 

extensive flight training and checking in the 

respective aircraft they receive qualification in for 

the Armed Forces. If a civilian equivalent of a 

powered-lift utilized by the Armed Forces emerges, 

an applicant could be granted the type rating 

without a practical test as well, as long as the 

powered-lift has been recognized to be comparable 

in FAA Order 8900.1, Volume 5, Chapter 2, Section 

19, Table 5–88. Similarly, pursuant to § 61.75, an 

applicant may apply for a private pilot certificate 

if that person meets the requirements of § 61.75, 

holds a foreign pilot license without an ICAO 

limitation, holds a medical certificate under part 67, 

and is able to read, speak, write, and understand the 

English language. The FAA recognizes that an 

applicant who holds a pilot certificate granted in 

accordance with their country’s respective CAA 

have also trained and tested to receive their foreign 

certificate. Therefore, an applicant may forgo a 

practical test, but only to receive a U.S. private pilot 

certificate. 

223Additionally, the FAA notes a challenge for 

these pilots: under § 61.51(e) they are unable to log 

time in which they act as PIC in accordance with 

an LOA issued by the FAA because they don’t hold 

incorporated into the FAA’s developed 

training footprint. The FAA notes that 

should advancements in technology 

warrant any further relief, a sponsor of 

such a device could petition the FAA 

for exemption in accordance with part 

11. 

i. Test Pilots and Instructor Pilots: 

Alternate Aeronautical Experience and 

Logging Requirements for a Powered-lift 

Category Rating 

Several manufacturers are currently 

pursuing a type certificate for poweredlift, which requires developmental and 

certification flight tests to establish the 

aircraft meets the applicable 

certification standards pursuant to 

§ 21.35.217 To facilitate certification 

activities, manufacturers utilize test 

pilots who design, develop, and test the 

aircraft’s systems and components. 

Additionally, manufacturers use 

instructor pilots to develop and validate 

the training for the experimental 

powered-lift.218 The duties that these 

instructor pilots and test pilots perform 

exceed those of a pilot operating in a 

normal flight environment, which 

results in these test pilots and instructor 

pilots gaining significant experience in 

a particular powered-lift and intricate 

knowledge of the aircraft’s systems and 

components. Therefore, the FAA 

proposed alternate experience 

requirements for qualifying test pilots 

and instructor pilots at an OEM to create 

an initial cadre of powered-lift pilots in 

proposed §§ 194.217 and 194.219.219

The FAA determined these individuals 

would hold the most experience due to 

their issuance of an LOA to act as PIC 

during experimental aircraft operations, 

development of manufacturer’s training 

program, and intricate knowledge of the 

aircraft’s systems and components.220

A4A supported this proposed 

approach to providing an alternate 

pathway for powered-lift pilot 

certification. A4A emphasized that 

using manufacturer pilots to develop 

necessary crew training would provide 

the best option for the initial cadre of 

powered-lift flight instructors and 

supported amendments to better meet 

the challenges of introducing a new 

category of aircraft. AWPC stated that 

the proposed SFAR provides a 

reasonable alternate pathway for OEM 

test pilots and instructor pilots. This 

section first adjudicates broader 

comments pertaining to test pilots and 

instructor pilots. The subsequent 

sections discuss each of the proposed 

alternate requirements and respond to 

related comments. 

Eve generally opposed the SFAR 

proposal for the certification of test 

pilots and instructor pilots, partially on 

the basis of urging the FAA to align with 

ICAO Annex 1, section 2.1.1.4. 

Additionally, Eve stated the FAA 

should recognize the experience and 

duties of instructor and test pilots and 

authorize these pilots to (1) deliver 

training to FSB pilots and the initial 

cadre of instructors in part 141, 142, and 

135 training programs 221 and (2) receive 

the powered-lift type rating 

automatically. Eve also disagreed with 

the proposal to permit test pilots to be 

trained by the instructor pilot as 

unreasonable on the premise that once 

a powered-lift category rating is not 

required (i.e., if the FAA eliminated the 

category rating and fully aligned with 

ICAO Annex 2.1.1.4 in this final rule), 

it would be nonsensical to require the 

instructor pilot to train the test pilot. 

Additionally, an individual commenter 

stated that the FAA’s allowance for 

manufacturers’ test pilots to function as 

an instructor pilot could be problematic 

if they do not understand broader issues 

related to the nuances of powered-lift 

operations and operating multi-engine 

machines close to the ground in 

complex aerodynamic environments. 

First, this final rule does not 

implement ICAO Annex 1, section 

2.1.1.4 for those reasons stated in 

section V.A. of this preamble. In this 

SFAR, the FAA sought to leverage the 

experience and duties of test pilots and 

instructor pilots to create an initial 

cadre of powered-lift pilots because 

these individuals are the most qualified 

initially given their significant 

experience in a particular powered-lift 

and intricate knowledge of the aircraft’s 

systems and components. However, the 

FAA does not agree that granting a 

rating automatically on the basis of a 

test pilot or instructor pilot’s duties, 

responsibilities, and experience would 

be appropriate without demonstration of 

proficiency on a practical test. 

Although these instructor pilots and 

test pilots have significant experience as 

part of the pilots’ duties for the 

manufacturer, the practical test serves as 

a necessary assessment to ensure 

proficiency in the skills required to 

operate an aircraft in the NAS. In 

addition to the foundational element of 

establishing a pilot meets baseline 

proficiency standards, the practical test, 

which aligns with the applicable ACS, 

may subject a pilot to a skill or tasks 

that the pilot would experience in the 

NAS, but may not necessarily 

experience in the pilot’s day-to-day 

operations as an instructor pilot or test 

pilot at the manufacturer. In other 

words, the practical test is essential to 

ensuring every pilot within the NAS has 

demonstrated the same knowledge, 

skill, and ability to operate the aircraft 

in many different scenarios. Most 

applicants for a certificate or rating are 

not excepted from a practical test, 

regardless of the pilot’s experience or 

professional position, and instructor 

pilots and test pilots for powered-lift 

should not be treated differently.222 For 

these reasons, the FAA has determined 

that the test pilots and instructor pilots 

must still demonstrate proficiency on a 

practical test to receive a rating under 

part 61. The FAA notes that FAA FSB 

members are equally subject to the 

practical test requirements to obtain an 

LOA and subsequent type rating once 

the type rating is established.223


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the powered-lift category on their respective pilot 

certificates. In this SFAR, the FAA alleviates this 

challenge by leveraging the experience gained by 

test pilots, instructor pilots, and ASIs acting as PIC 

in accordance with an LOA for a powered-lift that 

is in the experimental phase of its type certification 

by permitting those pilots to log this time as PIC 

flight time toward ratings required by part 61. 

224Consistent with the current prohibition in 

§ 61.195(i), which prohibits a flight instructor from 

making any self-endorsements for a certificate, 

rating or practical test, the FAA finds it would be 

inappropriate to permit the instructor pilot to make 

a self-endorsement. 

225Additionally, Lilium recommended that the 

FAA amend § 61.129(e)(3)(iv) to permit the three 

hours of preparation for the practical test to be 

conducted in an FSTD for all pilot populations 

under the SFAR. Lilium did not provide any 

rationale for such relief outside of referencing that 

§ 61.129(e)(3)(iv) would inherently require dual 

controls in the aircraft. The FAA addresses 

powered-lift with single controls and Lilium‘s 

recommendation in section V.D. of this preamble. 226FCL.820(a) and (b). 

a. Aeronautical Experience 

Requirements Concerning Training 

(§ 61.129(e)(3)) 

Currently, § 61.129(e)(3) requires an 

applicant for a powered-lift category 

rating to log at least 20 hours of training 

from an authorized instructor, as 

defined in § 61.1, on the areas of 

operation listed in § 61.127(b)(5). A test 

pilot and an instructor pilot at the 

manufacturer will possess extensive 

experience with the powered-lift; 

however, their flight time would not be 

considered to meet paragraph (e)(3) 

because they would not receive the 

flight training from an authorized 

instructor. Therefore, the FAA proposed 

alternate provisions set forth by 

§§ 194.217(b)(1) and (2) and 

194.219(b)(1) and (2). The provisions are 

adopted as proposed. 

First, a test pilot will be permitted to 

meet the 20 hours of training on the 

areas of operation in § 61.127(b)(5) in an 

experimental powered-lift at the 

manufacturer with an instructor pilot 

rather than with an authorized 

instructor in § 194.217(b).224 Likewise, 

the instructor pilot who provides the 

proposed training curriculum will be 

permitted to credit the time providing 

the training toward § 61.129(e)(3) 

pursuant to § 194.219(b). In both cases, 

the manufacturer’s proposed training 

curriculum would be required to 

include 20 hours of training on the areas 

of operation set forth in § 61.127(b)(5), 

aligning with the corresponding 

requirement in § 61.129(e)(3). To verify 

the training, § 194.217(b)(1)(ii) will 

require the test pilot to receive a 

logbook or training record endorsement 

from the instructor pilot certifying that 

the test pilot satisfactorily completed 

the training curriculum. Similarly, 

§ 194.219(b)(1)(ii) will require the 

instructor pilot to receive an 

endorsement from a management 

official within the manufacturer’s 

organization certifying that the 

instructor pilot has provided the 

manufacturer’s proposed training 

curriculum to a test pilot on the areas 

of operation listed in § 61.127(b)(5). 

Relatedly, § 61.129(e)(3)(iv) requires 

an applicant to log at least 3 hours in 

a powered-lift with an authorized 

instructor in preparation for the 

practical test within the preceding two 

calendar months from the month of the 

test; the lack of authorized instructors as 

defined in part 61 creates the same 

problem as previously discussed. To 

enable the test pilot or instructor pilot 

to take the practical test after 

completing or providing the 

manufacturer’s proposed training 

curriculum, §§ 194.217(b)(2) and 

194.219(b)(2) will permit the 

preparation for a practical test to be 

completed with an instructor pilot 

rather than an authorized instructor, as 

required by part 61. While the test pilot 

would receive the three hours from an 

instructor pilot, an instructor pilot 

would be required to receive the three 

hours from another instructor pilot. To 

enable the examiner to verify that the 

applicant received the preparation for 

the practical test, the applicant would 

be required to receive a logbook 

endorsement under § 61.123(e)(2). 

Section 194.213 will permit the 

applicant to obtain such endorsement 

from an instructor pilot rather than from 

an authorized instructor (see section 

V.F. of this preamble for additional 

discussion on § 194.213). 

Lilium opposed the proposed 

requirement for test pilots to be 

qualified by a manufacturer instructor 

pilot following the completion of 20 

hours of training in accordance with the 

manufacturer’s proposed training 

curriculum.225 Lilium contended the 

additional training would be 

unnecessary and add undue time and 

cost to the development process. Lilium 

stated that, instead, the FAA should 

consider adoption of the test pilot 

qualification requirement set forth by 

EASA FCL.725, paragraph (e), which 

permits test pilots involved in the 

development, certification, or 

production flight tests for an aircraft 

type to apply for the relevant type rating 

after completing either 50 hours of total 

flight time or 10 hours of flight time as 

PIC on test flights. 

The FAA notes that the 20 hours of 

training time set forth by § 61.129(e)(3) 

could be concurrently accomplished 

within the testing program of 

developing a powered-lift to meet 

requirements outlined in the type 

certification process, not necessarily 

following the completion of a 

manufacturer’s proposed training 

curriculum. Additionally, the FAA 

noted in the NPRM that the SFAR 

would permit pilots to retroactively log 

time that meets the criteria adopted by 

this final rule. Therefore, a pilot could 

log all time within the life of the pilot’s 

career as a powered-lift instructor or test 

pilot that meets the requirements in this 

final rule for a commercial pilot 

certificate with a powered-lift category 

rating and the applicable type rating. 

While powered-lift are currently in 

various stages of development and 

testing, the FAA finds that 20 hours of 

training consisting of the areas of 

operation required for all applicants for 

a commercial pilot certificate does not 

constitute an undue burden in the 

consideration of (1) the role of a 

powered-lift manufacturer in 

developing associated training 

curriculum in general and (2) a test pilot 

or instructor pilot’s expected career at a 

manufacturer. Therefore, the FAA finds 

these considerations negate Lilium’s 

assertion that additional time would 

result in a substantial time and cost 

burden. 

The FAA does not find EASA’s 

provision FCL.725(e) to be similarly 

situated to the existing FAA’s test pilot 

framework or the alternate requirements 

set forth by the SFAR. EASA stipulates 

in FCL.725 that pilots holding a flight 

test rating issued in accordance with 

FCL.820 who were involved in 

development, certification, or 

production flight tests for an aircraft 

type, and have completed either 50 

hours of total flight time or 10 hours of 

flight time as PIC on test flights in that 

type, shall be entitled to apply for the 

issue of the relevant type rating, 

provided that they comply with the 

experience requirements and the 

prerequisites for the issue of that type 

rating, as established in FCL subpart H 

(Class and Type Ratings) for the relevant 

aircraft category. 

FCL.820 outlines the requirements for 

a flight test rating. Under EASA 

regulations, pilots may only act as a PIC 

in certain category 1 or 2 flight tests if 

they hold a flight test rating.226

Applicants for the first issuance of a 

flight test rating must also (1) hold at 

least a commercial pilot license (CPL) 

and an instrument rating (IR) in the 

appropriate aircraft category, (2) have 

completed at least 1,000 hours of flight 

time in the appropriate aircraft category, 

of which at least 400 hours must have 

been as PIC, and (3) complete a training 

course at an EASA-approved training 

program appropriate to the intended 


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227FCL.820(d). 

228AMC1 FCL.820(d), Condition 1 courses for 

aeroplanes. 

229 § 61.129(e)(2)(i). 

230 88 FR 38946 at 38969 (June 14, 2023). 

231The ‘‘sole occupant’’ provision is intended to 

recognize the solo flight time that is required under 

the aeronautical experience requirements for 

certificates and ratings. Because student pilots 

seeking an initial category and class rating or 

certificated pilots who are adding a new rating to 

their pilot certificate are not yet rated, this section 

recognizes this solo time as PIC time without the 

pilot having to be rated in the aircraft. Section 

61.31(d)(2) permits pilots to act as PIC of an aircraft 

when not rated in the aircraft provided they have 

received the required training that is appropriate to 

the pilot certification level, aircraft category, class, 

and type rating (if a class or type rating is required) 

for the aircraft to be flown and have received an 

endorsement for solo flight in that aircraft from an 

authorized instructor. 

aircraft and category of flights.227

Therefore, these pilots already have this 

base level of flight proficiency before 

FCL.725 provisions for a type rating 

apply, which far surpass the 

requirements in part 61 for the issuance 

of an initial pilot certificate with 

powered-lift category rating. For 

example, to gain this experience in 

airplanes, Alternate Means of 

Compliance (AMC1) FCL.820 states that 

competency-based courses should 

include 350 hours of ground training, 

100 hours of flight test training of which 

15 flights should be made without an 

instructor on board. Additionally, the 

curriculum should include elements on 

theoretical knowledge, flight test 

techniques and flight training.228

The FAA contends that implementing 

the requirements of FCL.820 would 

result in extensively more burdensome 

requirements than the FAA’s alternate 

means of compliance for a test pilot 

(and instructor pilot) to obtain poweredlift ratings in this SFAR. The FAA’s test 

pilot framework differs from that of 

EASA’s in that while a part 141 school 

has guidelines for test pilot training in 

appendix K to part 141, that training 

does not result in a flight test pilot 

rating. Therefore, if the FAA were to 

align its approach with the requirements 

of FCL.725(e), the FAA would need to 

require significantly more ground and 

flight training of the test pilot and 

instructor pilot than is currently 

afforded in this SFAR. 

b. Aeronautical Experience 

Requirements Involving Time 

Performing the Duties of PIC in 

Experimental Powered-Lift 

(§ 61.129(e)(4)) 

Section 61.129(e)(4) currently requires 

an applicant for a powered-lift category 

rating to obtain either 10 hours of solo 

flight time in a powered-lift under an 

endorsement from an authorized 

instructor or 10 hours of flight time 

performing the duties of PIC in a 

powered-lift with an authorized 

instructor onboard. Either of these flight 

times may be credited toward the flight 

time requirement in § 61.129(e)(2), 

which requires 100 hours of PIC flight 

time. As previously discussed, the 

requirement for an authorized instructor 

defined under part 61 presents a 

problem for test pilots and instructor 

pilots; therefore, the FAA proposed 

§§ 194.217(b)(3) and 194.219(b)(3), with 

no comments received. The provisions 

are adopted as proposed. 

Therefore, to preserve the option of 

obtaining solo flight time, 

§§ 194.217(b)(3) and 194.219(b)(3) will 

allow test pilots and instructor pilots to 

obtain the solo endorsement from an 

instructor pilot in lieu of an authorized 

instructor. Additionally, test pilots and 

instructor pilots will be permitted to 

complete the 10 hours of flight time 

performing the duties of PIC in an 

experimental powered-lift with a person 

other than an authorized instructor 

onboard. Specifically, under 

§ 194.217(b)(3) (for test pilots), another 

test pilot or an instructor pilot who is 

authorized by the Administrator to act 

as PIC of the experimental powered-lift 

may be onboard. Under § 194.219(b)(3) 

(for instructor pilots), a test pilot, 

another instructor pilot who is 

authorized by the Administrator to act 

as PIC of the experimental powered-lift, 

or an FAA test pilot or ASI may be 

onboard. 

c. Aeronautical Experience 

Requirements Involving Logging PIC 

Flight Time (§ 61.129(e)(2)) 

Section V.F.2. of this preamble 

discusses the reduction in PIC flight 

time under the provisions of this SFAR, 

which is applicable to test pilots and 

instructor pilots. Section 61.129(e)(2) 

prescribes 100 hours of PIC flight time, 

which includes at least 50 hours in a 

powered-lift.229 Under § 61.51(e)(1), in 

pertinent part, a pilot may only log PIC 

time when the pilot is the sole 

manipulator of the controls of an aircraft 

for which the pilot is rated (category, 

class, and type rating, if appropriate) or 

is the sole occupant of the aircraft. As 

discussed in the NPRM, these 

provisions present challenges for the 

key population of test and instructor 

pilots.230 As it pertains to test pilots, the 

test pilot would be precluded from 

logging time under the first option 

because the pilot would not be 

appropriately rated. Further, the test 

pilot would be precluded from logging 

PIC time under the second option 

because the test pilot may not be the 

sole occupant of the powered-lift when 

conducting operations for conducting 

research and development or showing 

compliance with the regulations 231 or 

the powered-lift may require two pilot 

flightcrew members. As it pertains to 

instructor pilots, under § 61.51(e)(3), a 

flight instructor may log PIC flight time 

for all flight time while serving as the 

authorized instructor in an operation if 

the instructor is rated as PIC of that 

aircraft. However, the manufacturer’s 

instructor pilot would not be an 

authorized instructor pursuant to part 

61. 

Considering the various functions a 

test pilot performs during the course of 

their duties (e.g., test flights, filing flight 

plans, conducting departures and 

instrument approaches, etc.) and 

accounting for an instructor pilot’s 

duties and responsibilities (e.g., 

developing, validating, and delivering 

the manufacturer’s proposed training 

curriculum), the FAA proposed 

alternate logging requirements in 

§ 194.217(c) for test pilots and in 

§ 194.219(c) for instructor pilots. The 

FAA did not receive any comments to 

these provisions. This final rule adopts 

these provisions as proposed (in 

addition to the reduction in PIC flight 

time in a powered-lift as described in 

section V.F.2. of this preamble). 

Therefore, § 194.217(c) will permit the 

test pilots to log PIC flight time for 

flights when they are the sole 

manipulator of the controls of the 

experimental powered-lift despite the 

fact that they are not rated in the 

aircraft. The test pilot must act as PIC 

of the experimental powered-lift in 

accordance with an LOA issued by the 

Administrator and the flight must be 

conducted for the purpose of research 

and development or showing 

compliance with the regulations in 

accordance with the powered-lift’s 

experimental certificate. Similarly, 

§ 194.219(c) will permit the instructor 

pilots to log PIC flight time for flights 

when they are serving as an instructor 

pilot for the manufacturer of an 

experimental powered-lift for which the 

pilot is not rated. The instructor pilot 

must act as PIC of the experimental 

aircraft in accordance with an LOA 

issued by the Administrator and the 

flight must be conducted for the 

purpose of crew training in accordance 

with the powered-lift’s experimental 

certificate. 

d. FAA Test Pilots and FAA ASIs 

As discussed in section V.A. of this 

preamble, the FAA adopts the 

requirement that pilots hold a type 


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232Specifically, an initial check pilot, chief 

instructor, assistant chief instructor, or training 

center evaluator for the purpose of initiating 

training in a powered-lift under an approved 

training program under part 135, 141, or 142. This 

final rule adopts the section as proposed, as 

discussed in section V.G. of this preamble. 

rating for the powered-lift the pilot 

seeks to operate. Accordingly, FAA test 

pilots and ASIs are subject to the same 

pilot certification requirements. 

However, as written, the SFAR would 

preclude an FAA test pilot or ASI from 

using the same flexibilities that 

manufacturer test pilots and instructor 

pilots may use. 

At this time, the manufacturers’ test 

pilots and instructor pilots are the only 

pilots who have significant experience 

operating the civilian powered-lift that 

are planning to come to market. 

Similarly, the FAA employs test pilots 

and ASIs involved in the certification 

process for manufacturers that are 

pursuing a type certificate in a poweredlift. FAA test pilots and ASIs play a 

significant role in the type certification 

of newly designed aircraft, powered-lift 

included, without which new entrant 

aircraft would not be able to enter civil 

operations. These individuals employed 

by the FAA are also issued 

authorizations to operate the aircraft, 

intricately involved in development of 

the manufacturer’s training program, 

and acquire significant experience and 

knowledge in the particular powered-lift 

to facilitate the type certification 

process. 

FAA test pilots are pilots employed 

by the FAA who facilitate type 

certification of the performance, 

stability, and control requirements of 

new or modified aircraft. FAA test pilots 

enable the type certification compliance 

and certification process through flight 

testing of avionics, propulsion, and 

mechanical/electrical systems, as well 

as other equipment installations on 

aircraft to which they are assigned. An 

FAA test pilot also participates as a 

subject matter expert on type 

certification board meetings with the 

manufacturer, flight safety review board 

meetings, and FSBs, as necessary. 

Through qualitative and quantitative 

flight tests and evaluation of 

engineering data on modified and new 

type design, the FAA test pilots oversee 

and ensure compliance with applicable 

airworthiness requirements eventually 

culminating in the type certification of 

an aircraft. In addition to these duties, 

FAA test pilots maintain a high level of 

pilot proficiency and currency in 

categories and classes of aircraft for the 

projects they are assigned. Currently, 

there are a small number of FAA test 

pilots who hold powered-lift category 

ratings. 

Similarly, ASIs are employed by the 

FAA and maintain involvement early in 

the type certification process of new 

aircraft. These ASIs evaluate detailed 

flight characteristics of aircraft 

certification projects to establish 

training requirements for FAA 

operations inspectors responsible for 

evaluating and approving training 

programs set forth by the manufacturer. 

ASIs develop a detailed knowledge of 

the aircraft’s systems to ensure 

operational safety of the aircraft through 

the training program. Like FAA test 

pilots, FAA ASIs also serve as members 

of type certification boards and advisors 

to aircraft certification on flight 

operations problems regarding newly 

designed aircraft being type certificated 

and introduced into revenue service. 

Other duties of inspectors include 

recommending amendments to 

proposed manufacturer crew training, 

participating in the development of 

approved AFMs, and representing flight 

standards in conducting operational 

suitability flight evaluations. 

Therefore, FAA test pilots and ASIs 

possess unique experience parallel to 

that of a manufacturer’s test pilots that 

merits their inclusion in the alternate 

experience requirements to receive a 

powered-lift category, instrument, and 

type rating. While the FAA did not 

initially propose to extend the SFAR to 

this population, the FAA finds it 

necessary to facilitate FAA test pilots 

and ASIs performing official job 

functions to receive a pilot certificate 

with a powered-lift category rating to 

support the pipeline of powered-lift 

certification. 

Accordingly, this final rule makes 

several minor revisions in §§ 194.203, 

194.217, and 194.219 to add FAA test 

pilots and ASIs into the alternate SFAR 

framework to obtain a commercial pilot 

certificate with a powered-lift category 

rating. Additionally, the FAA adds a 

definition of ‘‘FAA test pilot’’ and 

‘‘aviation safety inspector’’ to § 194.103. 

The FAA notes that FAA test pilots and 

FAA ASIs are added into the provisions 

facilitating an alternate framework to 

obtain an instrument-powered-lift 

rating, however, those provisions are 

discussed in section V.F of this 

preamble. 

First, to define the exact population of 

FAA pilots that may use the alternate 

framework, the FAA adopts two new 

definitions in § 194.103 for the purpose 

of part 194. Specifically, an ‘‘aviation 

safety inspector’’ will be defined as a 

pilot employed by the FAA to conduct 

operations of a powered-lift for the 

purpose of establishing a type rating in 

that particular powered-lift under part 

21, as appropriate. Similarly, an ‘‘FAA 

test pilot’’ will be defined as a pilot 

employed by the FAA to conduct 

operations of a powered-lift for the 

purpose of establishing a design 

approval that leads to an aircraft type 

certificate for that particular poweredlift under part 21. These narrowly 

scoped definitions function to ensure 

the FAA pilot utilizing the relief is 

performing official FAA job duties and 

will have experience and familiarity 

specific to the type of powered-lift for 

which the pilot will seek a type rating, 

parallel to that experience expected of a 

manufacturer’s test pilots and instructor 

pilots. 

Next, § 194.203 sets forth alternate 

qualification requirements for certain 

flight instructors. This section provides 

that, in addition to the provisions 

specified in § 61.3(d)(3), a flight 

instructor certificate issued under part 

61 is not necessary to conduct flight 

training if the training is given by an 

instructor pilot in a powered-lift at the 

manufacturer, provided the training is 

conducted in accordance with the 

manufacturer’s training curriculum and 

is given to either (1) a test pilot, or (2) 

certain persons authorized by the 

Administrator for the purpose of 

training in a powered-lift training 

program.232 Because FAA test pilots and 

ASIs will receive training during the 

type certification process through their 

testing, compliance, and evaluation 

flights, this final rule adds FAA test 

pilots and ASIs to the population 

covered by § 194.203(a) in new 

paragraph (a)(3). The FAA test pilot or 

ASI may only receive training from an 

instructor pilot without a part 61 flight 

instructor certificate if received for the 

purpose of establishing a type rating in 

a powered-lift as part of the FAA ASI’s 

official job functions or for the purpose 

of establishing a design approval that 

leads to an aircraft type certificate for 

that particular powered-lift under part 

21 as part of the FAA test pilot’s official 

job functions. 

Additionally, § 194.213 provides 

alternate endorsement requirements for 

certain persons seeking a powered-lift 

rating. Specifically, § 194.213(a) permits 

an instructor pilot or a management 

official to provide endorsements to 

certain persons. To account for FAA test 

pilots and ASIs, the FAA adds new 

paragraph (a)(1)(iii), which permits a 

manufacturer’s instructor pilot to 

provide an FAA test pilot or FAA ASI 

the required logbook or training record 

endorsements under parts 61 and 194 

for a commercial pilot certificate with a 

powered-lift category rating, an 

instrument-powered-lift rating, a 

powered-lift type rating, or a flight 


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233 88 FR 38970 (June 14, 2023). 

234See § 135.337(b)(1) and SFAR PROVISION. 

235See §§ 141.35(a)(1), 141.36(a)(1), 

141.37(a)(2)(ii). 

236See § 142.47(a)(5). 

237EVE specifically recommended the FAA 

follow similar processes for initial cadre 

preparation as is currently the practice in 

accordance with FAA Order 8900.1, Volume 3, 

Chapter 54, Section 2 Part 142 Training Centers: 

Training, Qualification, and Designation of 

Training Center Instructors and Evaluators as well 

as those set forth in Air Transportation Job Task 

Analysis (AT JTA) 4.1.202 Conduct a Flight 

Standardization Board (FSB) Evaluation. EVE noted 

that once a powered-lift category requirement was 

removed, the FAA would be able to follow these 

two reference guidance documents. The FAA notes 

that regardless of whether a category rating is 

required, this is the current practice that the FAA 

would follow to procedurally accomplish an FSB in 

a powered-lift. Specifically, in regard to ELEMENT 

8.3 Receive FSB training., the initial cadre of 

participants of the FSB would be receiving the 

applicable training from the provider and the FAA 

predicated the alternate experience for test pilots 

and instructor pilots with the expectation that the 

FAA would follow these procedures when 

conducting an FSB. 

instructor certificate with powered-lift 

ratings. Again, the FAA test pilot or ASI 

must be performing official job 

functions for the purposes delineated in 

the respective definition to utilize the 

alternate requirement. 

As the preceding sections have 

detailed, § 194.217 provides the 

alternate aeronautical experience and 

logging requirements for a commercial 

pilot certificate with a powered-lift 

category rating specifically for 

manufacturer test pilots. As stated, the 

FAA proffers the alternate requirements 

for test pilots to extend to FAA test 

pilots and ASIs. Therefore, the FAA 

adds this population of pilots in 

§ 194.217 through revisions in 

paragraphs (a), (b), (b)(1), (b)(1)(ii), (b)(2) 

through (b)(4), and (c)(1), and a new 

paragraph (a)(3). The FAA notes that 

§ 194.217(b)(3) permits the aeronautical 

experience requirement in § 61.129(e)(4) 

by logging at least 10 hours of solo flight 

time under an endorsement from an 

instructor pilot or by performing the 

duties of PIC in an experimental 

powered-lift with a test pilot or an 

instructor pilot onboard. While the 

regulation would permit another test 

pilot to be onboard the flight with a test 

pilot performing the duties of PIC in an 

experimental powered-lift, the FAA is 

not adopting a parallel provision to 

permit a FAA test pilot or ASI to be on 

board a flight with another FAA test 

pilot or ASI performing the duties of 

PIC. 

The FAA contemplated this 

alternative option but did not find this 

to be in the interest of safety. The 

instructor pilot and test pilots from the 

manufacturer are the most 

knowledgeable in the aircraft. Ensuring 

that instructor pilots or test pilots from 

the manufacturer are on board the flight 

with an FAA test pilot or ASI ensures 

that a pilot with significant experience 

and knowledge on that OEM’s poweredlift is performing the duties of PIC, 

thereby ensuring an equivalent level of 

safety. Additionally, the FAA makes 

two conforming amendments to 

§ 194.219, which sets forth the alternate 

aeronautical experience and logging 

requirements for a commercial pilot 

certificate with a powered-lift category 

rating for instructor pilots, as an 

outgrowth of the inclusion of FAA test 

pilots and ASIs. 

First, one criteria for an instructor 

pilot to meet the alternate requirements 

for § 61.129(e)(3) and (4) requires the 

instructor pilot to have provided the 

manufacturer’s proposed training 

curriculum to a test pilot, within certain 

parameters. Because FAA test pilots and 

ASIs will receive the proposed training 

curriculum from an instructor pilot, the 

FAA revises § 194.219(b)(1)(i) to include 

this population of pilots in the criteria 

as applicants an instructor pilot could 

receive credit for delivering the training 

program. Second, this final rule adds 

FAA test pilot and ASIs to the group of 

persons permitted to be onboard the 

experimental powered-lift while an 

instructor pilot performs the duties of 

PIC to satisfy the aeronautical 

experience requirement in 

§ 61.129(e)(4), which is set forth in new 

§ 194.219(b)(3)(iii). 

ii. Initial Cadre Instructors: Alternate 

Aeronautical Experience and Logging 

Requirements for Powered-Lift Category 

Ratings 

As acknowledged in the NPRM,233 the 

alternate experience and logging 

requirements for test pilots and 

instructor pilots would enable 

individuals to obtain powered-lift 

ratings on their pilot certificates. 

However, the FAA found that those 

alternate requirements alone would be 

insufficient to develop enough 

personnel to support training in a 

powered-lift in an approved training 

program under part 135, 141, or 142. 

The FAA did not propose relief to the 

qualifications required of persons who 

provide training and checking for an 

approved training curriculum under 

parts 135, 141, and 142 (i.e., part 135 

check pilots, part 141 assistant chief 

instructors and chief instructors, and 

part 142 training center evaluators). 

Specifically, under part 135 and the 

provisions of this final rule, a part 135 

check pilot must hold the certificates 

and ratings required to serve as PIC in 

the aircraft (i.e., at least a commercial 

pilot certificate with a powered-lift 

category rating, instrument powered-lift 

rating, and appropriate type rating).234

Under part 141, an assistant chief 

instructor or chief instructor must hold 

a powered-lift category rating on both 

their commercial pilot certificate and 

their flight instructor certificate as well 

as a powered-lift type rating on their 

commercial pilot certificate.235 A part 

142 TCE must hold the certificates and 

ratings in which they are instructing or 

checking for that aircraft.236

To build the initial cadre of 

instructors and address these obstacles, 

the FAA’s intended framework uses test 

pilots and instructor pilots to build the 

initial cadre of instructors (e.g., a 

qualified instructor for a part 142 

training center), who would then 

provide training under a part 135, 141, 

or 142 approved training program. To 

facilitate this, the FAA proposed 

§ 194.221(a) to permit persons who are 

authorized to serve as initial check 

pilots, chief instructors, assistant chief 

instructors, or training center evaluators 

to receive the training for powered-lift 

ratings at a manufacturer. 

Eve opposed the initial cadre 

framework proposed by the NPRM, 

stating that training the initial cadre of 

instructors after the FSB process 

concludes will delay civilian poweredlift operations. Eve stated that the FAA’s 

proposal to require flight hours in a 

certificated aircraft is burdensome and 

unfeasible. Eve emphasized that they 

did not disagree with utilizing test 

pilots and instructor pilots to qualify the 

initial cadre of instructors but asserted 

that the FAA should allow the initial 

cadre of instructors to be qualified in 

parallel with the aircraft certification 

and FSB processes, as is the FAA’s 

current practice with the introduction of 

new aircraft types.237 UPS FF also 

contended that requiring a powered-lift 

to be type-certificated before an operator 

can implement its training program 

would result in an undue financial 

burden and unnecessary delays in 

developing an initial cadre. Specifically, 

UPS FF recommended revising the 

SFAR to allow manufacturers to provide 

instruction to an operator prior to type 

certification, utilizing FAA guidance for 

the use of experimental aircraft for 

commercial flight instruction. 

The FAA does not find the initial 

cadre of instructors to be similarly 

situated to test pilots and instructor 

pilots to warrant an equivalent level of 

relief in the alternate framework. Test 

pilots and instructor pilots at the 

manufacturer are involved in 

development and testing of prospective 

aircraft toward the eventual type 


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238The FAA notes that manufacturers may not 

support this type of access to their powered-lift in 

the experimental phase to persons not under an 

employment contract, contractor agreements, or 

nondisclosures with the manufacturer for 

intellectual property and proprietary trade secret 

purposes. 

239The FAA notes also that other manufacturers 

have obtained part 142 training center certificates 

and, in some instances, part 141 pilot school 

certificates, to facilitate initial training and 

certification in their aircraft. The FAA anticipates 

that the relief provided to the persons who serve as 

test pilots and instructor pilots for powered-lift 

manufacturers will enable the manufacturers to 

support training and qualification of other training 

providers’ personnel. 

240 In addition, for part 135 check pilot applicants 

and part 142 TCEs, the initial cadre check airmen 

or initial cadre TCE process will apply. 

certification of products and airframes. 

Test pilots and instructor pilots have 

significant experience throughout the 

production of the aircraft and have the 

background knowledge and skills to 

conduct quantitative and qualitative 

analysis, identify outcomes that may 

require the manufacturer to redesign or 

adjust design of aircraft components, 

which therefore results in the applicable 

flight experience necessary to accept a 

higher level of operating risk because of 

the experimental status of the aircraft. 

This warrants separate relief from that 

offered to the initial cadre of instructors 

because the initial cadre of instructors 

will not inherently have the equivalent 

level of experience of a manufacturer’s 

test pilots and instructor pilots (i.e., the 

initial cadre instructor would not have 

any prior experience in the category of 

powered-lift or intricate knowledge of 

the powered-lift type during its 

development). The FAA, therefore, 

adopts § 194.221(a) as proposed. 

Test pilots and instructor pilots will 

receive an LOA provided to the 

manufacturer by the FAA to conduct 

very specific tasks in accordance with 

§ 21.191(a), (b), and (c). The FAA would 

not consider issuing an LOA to an 

initial cadre of instructors unassociated 

with a manufacturer for these very 

specific purposes because they would 

not be carrying out the purposes of these 

experimental test flights. Once the 

aircraft is type certificated, the FAA 

proposed separate relief for an initial 

cadre of instructors to be trained by the 

particular powered-lift experts: test 

pilots and instructor pilots. Combining 

this responsibility with the duties 

assigned to the test pilots and instructor 

pilots, and authorized by the LOA, 

would complicate both the type 

certification and FSB process and the 

training of the initial cadre of 

instructors due to the fluidity of the 

aircraft and training program at that 

time. 

Additionally, the FAA finds grouping 

the initial cadre of instructors in with 

the test pilots and instructor pilots 

would not be in the interest of safety 

due to the experimental status of the 

aircraft.238 The FAA finds it important 

for the initial cadre of instructors to be 

trained on the type-certificated aircraft 

as it will be available for training, 

testing, and civilian operations under 

the type certificate and under a more 

concrete training program. Specifically, 

throughout the type certification 

process, the aircraft may change in 

design and programming and, likewise, 

throughout the FSB, the proposed 

training program may be revised. Until 

a type certificate is issued, aircraft 

design would not be solidified and any 

changes made, as well as associated 

knowledge of those changes, may not be 

transferred to the base of pilots in the 

initial cadre that would then be 

responsible for training at their 

respective certificate holder. For 

example, if an individual intended for 

the initial cadre of instructors trained on 

a unique handling characteristic, and 

that handling characteristic was 

modified as an outgrowth of the TC 

process, the individual may not receive 

the appropriate training for the modified 

characteristic in the fluidity of the 

powered-lift and training program. This 

differs for test pilot and instructor pilots 

because of their in-depth and firsthand 

involvement with the development of 

the aircraft and training program and 

with TC and FSB processes. 

CAE and NBAA expressed concern 

that the proposal requires initial cadre 

instructors and TCEs to be trained by 

the manufacturer, which gives a 

significant competitive advantage to 

manufacturers. CAE and NBAA stated 

that this (1) eliminates the ability for 

part 142 training centers to qualify 

initial cadre instructors and TCEs by 

their own means, and (2) creates a 

backlog for training with the potential 

for manufacturers to solely determine 

who may be trained and when training 

may occur. CAE and NBAA emphasized 

the burden this would place on 

manufacturers to train in volume to 

scale the industry. 

First, the FAA disagrees that the 

proposal reduces the ability for air 

agencies to qualify initial cadre 

instructors and TCEs by their own 

means as compared to the competitive 

advantage the manufacturer may have. 

The lack of powered-lift in operations 

today inherently requires the 

manufacturer to be significantly 

involved in the certification framework. 

At the onset of powered-lift entering the 

market, test pilots and instructor pilots 

at the manufacturer will be the only 

qualified individuals to deliver training 

in the respective OEM’s powered-lift, 

which the FAA expects to form the 

initial foundation of pilots. After the 

initial cadre of instructors for parts 141 

and 142 air agencies is trained, 

certificate holders may operate within 

their approved training programs. In 

other words, reliance on the 

manufacturer as the sole training option 

would significantly lessen after 

certification of the initial cadre of 

instructors. This is the same general 

concept as the status quo for entrance of 

new aircraft types: at the onset, the 

manufacturer serves as the most 

qualified individual to train FAA 

inspectors and test pilots and industry 

personnel, after which industry 

stakeholders springboard subsequent 

populations of pilots through part 61 

training or enrollment at air agencies 

(e.g., parts 141 and 142). Therefore, the 

FAA does not view the alternate 

framework set forth by the SFAR239 as 

narrowly tailored for manufacturers, but 

rather leverages the current concept 

with facilitating frameworks to achieve 

initial commercial entrance of poweredlift into civilian operations while 

balancing the interest of safety. 

In sum, when an operator, pilot 

school, or training center sends an 

individual to the manufacturer for 

training in a powered-lift, the individual 

would not be fully qualified as a check 

pilot, chief instructor, assistant chief 

instructor, or training center evaluator 

for powered-lift, but each would be 

considered a candidate for their 

respective positions.240 To ensure an 

appropriate level of oversight, the FAA 

proposed §§ 194.203(a)(2), 

194.213(a)(1)(ii), and 194.221(a)(1), 

which are adopted herein, permit those 

individuals who are authorized by the 

Administrator through a temporary 

letter of approval (authorizing the 

individual to be a candidate for an 

operator, pilot school, or training center 

for the purpose of establishing sufficient 

qualified personnel) to receive training 

in a powered-lift at the manufacturer. 

After the individual completes the 

training program, the individual may 

pursue certification in accordance with 

current practice (e.g., complete a 

practical test to receive the appropriate 

powered-lift ratings and could obtain a 

powered-lift category rating on their 

flight instructor certificate in 

accordance with subpart H of part 61), 

as well as deliver the training 

curriculum under their respective part 

in accordance with current practice (for 

example, receive a permanent letter of 

approval to be a check airman under 

part 135 or a TCE under part 142). 


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241To the extent that instructor pilots may hold 

the necessary certificates and ratings to be an 

authorized instructor as defined in § 61.1 in a 

powered-lift, those instructor pilots would be able 

to provide endorsements without need for this 

relief. 

242As proposed, § 194.221(c) would have allowed 

an applicant for a commercial pilot certificate with 

a powered-lift category rating to log up to 40 hours 

of the 50 hours of pilot-in-command flight time 

required by § 61.129(e)(2)(i). 

243As detailed in this section, an applicant for a 

powered-lift category rating would be required to 

obtain either 10 hours of solo flight time in a 

powered-lift or 10 hours of flight time performing 

the duties of PIC in a powered-lift with an 

authorized instructor onboard. Therefore, with the 

total time being reduced to 35 hours of PIC, the 

FAA has likewise adjusted the 40 hours to 25 to 

account for the last 10 hours being conducted as 

solo or supervised by an authorized instructor. 

244The solo flight endorsement required under 

§ 61.31(d)(2) may be provided by an instructor pilot 

in lieu of an authorized instructor in accordance 

with § 194.213(a). 

a. Aeronautical Experience 

Requirements Concerning Training 

(§ 61.129(e)) 

The FAA proposed alternate 

aeronautical experience requirements in 

§ 194.221(b) to facilitate training and 

certification of the initial cadre of 

instructors and overcome similar 

training obstacles as those faced by test 

pilots and instructor pilots, as 

previously discussed. In sum, certain 

provisions throughout § 61.129(e) 

require training and flight hours to be 

conducted with an authorized 

instructor, as defined in part 61, 

onboard the powered-lift. As with test 

pilots and instructor pilots, the person 

receiving the manufacturer’s training 

from an instructor pilot may not have an 

authorized instructor, as defined in 

§ 61.1, providing the flight training or 

training in preparation for the practical 

test. Notwithstanding the general 

opposition to the initial cadre 

framework addressed in the previous 

section, the FAA did not receive 

comments on the specific provisions set 

forth in § 194.221(a) and (b)(1) through 

(3) to address these obstacles. The FAA 

adopts these provisions as proposed. 

Therefore, § 194.221(b) allows the 

requisite training to occur with an 

instructor pilot at the manufacturer in 

lieu of a part 61 authorized instructor. 

First, § 194.221(b)(1) will permit the 

individual to satisfactorily complete the 

manufacturer’s training curriculum in 

the powered-lift in place of the 

requirement in § 61.129(e)(3), which 

requires 20 hours of training on the 

areas of operation listed in 

§ 61.127(b)(5) from an authorized 

instructor. The training curriculum 

must include 20 hours of flight training 

on the areas of operation listed in 

§ 61.127(b)(5) and be provided by an 

instructor pilot at the manufacturer. 

Additionally, pursuant to 

§ 194.221(b)(1)(ii), the individual must 

receive an endorsement in their logbook 

or training record from the instructor 

pilot certifying that the training was 

completed. Second, § 194.221(b)(2) will 

permit to permit the preparation for the 

practical test to be completed with an 

instructor pilot rather than an 

authorized instructor.241 Finally, 

§ 61.129(e)(4) requires an applicant for a 

powered-lift category rating to obtain 

either 10 hours of solo flight time in a 

powered-lift or 10 hours of flight time 

performing the duties of PIC in a 

powered-lift with an authorized 

instructor onboard; the FAA in 

§ 194.221(b)(3) will permit the 

instructor pilot to replace the authorized 

instructor in § 61.129(e)(4). Also, as 

noted earlier, § 194.221(a)(2) will 

require that the flights are conducted in 

type-certificate powered-lift at the 

manufacturer. 

b. Alternate Aeronautical Experience 

Logging PIC Flight Time (§ 61.129(e)(2)) 

The FAA proposed alternate logging 

requirements in § 194.221(c) to 

overcome PIC logging obstacles as set 

forth in § 61.51(e), similar to those faced 

by test pilots and instructor pilots, as 

previously discussed.242 In section V.J. 

of this preamble, the FAA explained 

that a reduction in PIC time is 

warranted from 50 hours to 35 hours. 

Therefore, the initial cadre of instructors 

who would train with the manufacturer 

under the SFAR would be required to 

obtain 35 hours of PIC flight time in 

powered-lift. As discussed, under 

§ 61.51(e)(1), a pilot may log PIC time 

when the pilot is (i) the sole 

manipulator of the controls of an aircraft 

for which the pilot is rated (category, 

class, and type rating as appropriate), or 

(ii) the sole occupant of an aircraft. The 

initial cadre of instructors who attend 

training at a manufacturer would not yet 

be rated in the powered-lift, so they 

would not be able to log PIC time as sole 

manipulator of the controls. 

Additionally, because the majority of 

the flight time with the manufacturer 

would consist of training time with an 

instructor pilot, the person would not be 

able to log this time as PIC time as the 

sole occupant of the powered-lift. The 

FAA proposed § 194.221(c) to address 

this obstacle; notwithstanding the 

general opposition to the initial cadre 

framework addressed in the previous 

section, the FAA did not receive 

comments on this specific provision set 

forth in § 194.221(c) Therefore, this final 

rule adopts these alternate logging 

provisions and reduces the maximum 

logging time when the pilot is the sole 

manipulator of the controls of a 

powered-lift for which the pilot is not 

yet rated from 40 hours, as proposed, to 

25 hours as subsequently discussed. 

Specifically, as noted in section V.J of 

this preamble, the FAA reduced the PIC 

flight time required for all pilots under 

the SFAR to 35 hours instead of 50 

hours. It, therefore, follows that this 

alternate logging requirement adopted 

in this final rule would now enable 

persons to log 25 hours of PIC flight 

time for flights when they are obtaining 

flight training on the areas of operation 

specified in § 61.127(b)(5).243 Therefore, 

to establish the initial cadre of persons 

who would initiate training in a 

powered-lift in accordance with an 

approved training program under part 

135, 141, or 142, § 194.221(c) will 

permit those persons who would receive 

training at the manufacturer to log up to 

25 hours of PIC flight time toward the 

50-hour requirement during flights 

when the person is the sole manipulator 

of the controls of the powered-lift for 

which the person is not rated. Pursuant 

to the conditions adopted in 

§ 194.221(c)(1) through (3), the person 

must be manipulating the controls of the 

powered-lift and performing the duties 

of PIC with an instructor pilot onboard, 

and the flight must be conducted in 

accordance with the manufacturer’s 

training curriculum. 

The FAA found that the flight time 

permitted under the proposed alternate 

requirement would be valuable for the 

purposes of logging PIC flight time for 

a powered-lift category rating because 

the pilot would be solely manipulating 

the controls of the powered-lift, thereby 

obtaining experience with its flight and 

handling characteristics, while 

simultaneously exercising the duties of 

PIC. By exercising the duties of PIC, the 

pilot would experience increased 

responsibilities during the flight 

(compared to a typical training flight in 

an aircraft in which they are not yet 

rated), including heightened decisionmaking. The FAA noted that these pilots 

would still be required to obtain the last 

10 hours of PIC flight time as solo flight 

time under § 61.51(e).244

iii. Pilots Receiving Training Under an 

Approved Training Program 

a. Alternate Requirements for a 

Commercial Pilot Certificate With a 

Powered-Lift Category Rating 

The NPRM acknowledged an obstacle 

created in § 61.51(e)(1) for persons 

seeking to obtain a powered-lift category 

rating on their commercial pilot 

certificate outside a manufacturer’s 

training curriculum (i.e., under an 


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245Training under part 135, 141, or 142 is 

discussed in more detail in section V.G. of this 

preamble. 

approved training program at a part 135 

operator or a part 141 or 142 air agency). 

Specifically, pilots would be unable to 

log PIC flight time in a powered-lift in 

accordance with § 61.51(e)(1)(i) because 

they would not yet be rated in the 

aircraft. Thus, at the commercial pilot 

level, a person would have to obtain the 

50 hours of PIC time required by 

§ 61.129(e)(2)(i) as the sole occupant of 

the powered-lift under solo 

endorsements from an authorized 

instructor. The FAA proposed 

§ 194.223(c) to cure this logging 

obstacle. As subsequently discussed, 

this final rule adopts § 194.223(c) as 

proposed with one minor revision. 

As discussed in section V.F.2. of this 

preamble as it applies to the initial 

cadre of instructors, the reduction in 

PIC flight time in a powered-lift from 50 

hours to 35 hours necessitates an 

aligning reduction in the allowance to 

log up to 40 hours of PIC flight time 

provided in § 194.223(c). Using the 

same ratio, this final rule reduces 40 

hours to 25 hours. An applicant would 

still be required to obtain the remaining 

10 hours of PIC time as the sole 

occupant of the powered-lift under an 

instructor endorsement. 

Therefore, § 194.223(c) will permit 

certain applicants for a commercial pilot 

certificate with a powered-lift category 

rating to log up to 25 hours of PIC flight 

time toward the 35-hour requirement 

during flights when the pilot is the sole 

manipulator of the controls of the 

powered-lift for which the pilot is not 

rated. Conditions to utilize this relief 

will require (1) the applicant to 

manipulate the controls of the poweredlift with an authorized instructor 

onboard, (2) the applicant to perform 

the duties of PIC, and (3) the flight to 

be conducted in accordance with an 

approved training program under part 

135, 141, or 142.245 This PIC flight time 

may be logged when the applicant is 

obtaining flight training on the areas of 

operation specified in § 61.127(b)(5) 

under an approved part 135, 141, or 142 

training program. 

An individual commenter questioned 

whether the 40 hours (now 25 hours as 

adopted by this final rule) of flight time 

would be required in every make and 

model of powered-lift within the 

powered-lift category. 

The FAA notes the PIC flight time 

required by § 61.129(e) is category 

specific, including § 194.216(a) and 

certain time within § 61.129(e)(2)(ii) as 

applicable to the powered-lift category, 

not powered-lift type specific. 

Therefore, an applicant could log time 

gained in multiple powered-lift toward 

the aeronautical experience, given the 

applicant meets the conditions for 

logging PIC flight time in § 61.51(e)(1)(i) 

or the alternate logging requirements in 

§ 194.223(c). In other words, the same 

general framework to obtain any other 

category or class rating on a commercial 

pilot certificate would apply (e.g., to 

obtain an airplane single-engine rating, 

an applicant must log at least 100 hours 

of PIC flight time, which includes at 

least 50 hours in airplanes, pursuant to 

§ 61.129(a)(2); the regulation does not 

specify the class or type of airplane). 

b. Use of a Full Flight Simulator for PIC 

Time for a Commercial Pilot Certificate 

With a Powered-Lift Category Rating 

The FAA proposed in § 194.223(d) to 

permit an applicant for a commercial 

pilot certificate with a powered-lift 

category who is accomplishing training 

under an approved program under part 

135, 141, or 142 to credit a maximum 

of 15 hours obtained in an FFS toward 

the 50-hour PIC flight time requirement 

in § 61.129(e)(2)(i), provided the 

aeronautical experience was obtained 

performing the duties of PIC in a Level 

C or higher FFS that represents the 

powered-lift category. Many 

commenters urged the FAA to provide 

further credit for simulator training or 

expand the scope of FSTD for credit. 

Because the FAA expands this credit to 

the broader group of pilots in 

§ 194.216(b) of this final rule, section 

V.F of this preamble discusses the 

proposal, comments received, and final 

rule action. 

3. Obtaining an Instrument-Powered-Lift 

Rating (§ 61.65(f)) 

Section 61.65 provides the 

requirements to obtain an instrument 

rating, including the general 

aeronautical knowledge, flight 

proficiency, and aeronautical 

experience requirements for an 

instrument-powered-lift rating. Because 

pilots are unable to satisfy several of the 

aeronautical experience requirements 

for an instrument-powered-lift rating for 

the same reasons that pilots are unable 

to satisfy certain requirements for a 

commercial pilot certificate with a 

powered-lift rating, as previously 

discussed, the NPRM proposed alternate 

pathways to obtain this rating. 

First, as previously discussed, 

adopted § 194.215 would limit the 

alternate aeronautical experience and 

logging requirements for obtaining an 

instrument-powered-lift rating to those 

persons who already hold (1) at least a 

commercial pilot certificate with at least 

an airplane category and single- or 

multiengine class rating or a rotorcraft 

category and helicopter class rating and 

(2) the corresponding instrument rating. 

Aligning with the framework proposed, 

and adopted by this final rule, for a 

commercial certificate with a poweredlift category rating, the FAA proposed 

alternate experience and logging 

requirements to obtain an instrumentpowered-lift rating for the same 

populations: (1) test pilots and 

instructor pilots, (2) the initial cadre of 

instructors, and (3) pilots receiving 

training under an approved training 

program. 

The FAA did not receive comments 

regarding the proposed alternate 

framework for an instrument-poweredlift rating and provides a brief summary 

of each framework element herein. As 

discussed in section V.F.2.i.d. of this 

preamble, FAA test pilots and ASIs 

were unintentionally excluded from the 

proposal and added in this final rule. 

Other than this addition subsequently 

discussed, the FAA adopts the alternate 

framework to obtain an instrumentpowered-lift rating as proposed. 

Alternate requirements for cross-country 

flights, which are generally applicable, 

are discussed later in this section. 

i. Test Pilots and Instructor Pilots: 

Alternate Aeronautical Experience and 

Logging Requirements for InstrumentPowered-Lift Rating 

Sections 194.225 and 194.227 will set 

forth the alternate aeronautical 

experience and logging requirements for 

test pilots and instructor pilots seeking 

an instrument-powered-lift rating. In 

§§ 194.225(a) and 194.227(a), these 

alternate requirements will apply if the 

flights are conducted in an experimental 

aircraft at the manufacturer and the test 

pilots or instructor pilots are authorized 

by the Administrator to act as PIC of the 

experimental powered-lift. The alternate 

aeronautical experience requirements 

are set forth in § 194.225(b)(1) through 

(4) for test pilots and § 194.227(b)(1) 

through (4) for instructor pilots. 

Similarly, the alternate logging 

requirements will be set forth in 

§§ 194.225(c) for test pilots and 

194.227(c) for instructor pilots. 

a. Aeronautical Experience 

Requirements Involving Instrument 

Training (§ 61.65(f)(2)) 

First, § 61.65(f)(2) requires 40 hours of 

actual or simulated instrument time in 

the areas of operation listed under 

§ 61.65(c), of which 15 hours must be 

received from an authorized instructor 

who holds an instrument-powered-lift 

rating. The FAA found it necessary to 

propose an alternate to the requirement 

for a part 61 authorized instructor for 


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246 § 61.65(f)(2)(ii). 

247 § 61.65(f)(2)(ii)(A) through (C). 

248Section VI.B.1. of this preamble discusses 

additional relief from the requirement to file an IFR 

flight plan for certain pilots. 

249FAA test pilots and ASIs would be defined 

under new § 194.103, as discussed in section 

V.F.3.i.c. of this preamble. 

250 In other words, check pilots, chief instructors, 

assistant chief instructors, and TCEs. 

test pilots or instructor pilots to 

accomplish the 15 hours of instrument 

training on the areas of operation listed 

in § 61.65(c), as required by § 61.65(f)(2). 

Therefore, under § 194.225(b)(1), a test 

pilot will be permitted to satisfactorily 

complete the manufacturer’s training 

curriculum in the experimental 

powered-lift with an instructor pilot. 

Similarly, under § 194.227(b)(1), the 

instructor pilot will be able to credit the 

time spent providing the manufacturer’s 

training curriculum to another 

instructor pilot or a test pilot toward the 

training required by § 61.65(f)(2). The 

manufacturer’s training curriculum 

must include 15 hours of instrument 

training on the areas of operation listed 

in § 61.65(c). 

For the purpose of verifying 

satisfactory completion of the alternate 

experience requirement to an examiner, 

the FAA proposed to require the test 

pilot or instructor pilot to receive an 

endorsement in their logbook or training 

record. Under § 194.225(b)(1)(ii), a test 

pilot will be required to receive an 

endorsement from the instructor pilot 

who provided the training, certifying 

that the test pilot satisfactorily 

completed the manufacturer’s training 

curriculum in the experimental 

powered-lift. Under§ 194.227(b)(1)(ii), 

an instructor pilot will be required to 

receive an endorsement from a 

management official within the 

manufacturer’s organization certifying 

that the instructor pilot has provided 

the manufacturer’s training curriculum 

to a test pilot. 

Second, § 61.65(f)(2)(i) requires the 

aforementioned instrument time (i.e., 

that set forth by § 61.65(f)(2)) to include 

3 hours of instrument flight training 

from an authorized instructor in a 

powered-lift within 2 calendar months 

before the date of the instrument rating 

practical test. Sections 194.225(b)(2) (for 

test pilots) and 194.227(b)(2) (for 

instructor pilots) will permit the 

preparation for the instrument rating 

practical test to be completed with an 

instructor pilot rather than an 

authorized instructor. To enable the 

examiner to verify that the preparation 

was completed, under § 194.213 the 

applicant may obtain the endorsement 

from the instructor pilot, rather than an 

authorized instructor under 

§ 61.65(a)(6), who certifies that the 

applicant is prepared for the practical 

test. 

Third, the instrument time referenced 

in § 61.65(f)(2) must include instrument 

flight training on cross-country flight 

procedures, including one cross-country 

flight in a powered-lift with an 

authorized instructor that is performed 

under IFR, when a flight plan has been 

filed with an ATC facility.246 The crosscountry flight must include 250 nautical 

miles along airways or by directed 

routing from an ATC facility, an 

instrument approach at each airport, 

and three different kinds of approaches 

with the use of navigation systems.247

Sections 194.225(b)(3) (for test pilots) 

and 194.227(b)(3) (for instructor pilots) 

will allow test pilots or instructor pilots 

to perform instrument training on crosscountry flight procedures referenced in 

§ 61.65(f)(2)(ii) in an experimental 

powered-lift with an instructor pilot 

rather than an authorized instructor. 

The applicant will be required to 

receive a logbook or training record 

endorsement but may obtain such from 

the instructor pilot to certify that the 

applicant completed the cross-country 

flight with the instructor pilot.248

b. Aeronautical Experience 

Requirements Involving Logging PIC 

Flight Time (§ 61.65(f)(1)) 

Section 61.65(f)(1) requires a person 

who applies for an instrument-poweredlift rating to log at least 50 hours of 

cross-country time as PIC, 10 hours of 

which must be in a powered-lift. As 

discussed in the NPRM, the FAA 

recognized the obstacle with logging PIC 

time in accordance with § 61.51(e)(1) for 

the same reasons stated in section V.J of 

this preamble. Accordingly, consistent 

with the alternate logging requirements 

proposed for persons seeking to add a 

powered-lift category rating on a 

commercial pilot certificate, 

§ 194.225(c) will permit test pilots at the 

manufacturer to log PIC flight time for 

the purpose of satisfying the 10-hour 

cross-country requirement in 

§ 61.65(f)(1) when the test pilot is the 

sole manipulator of the controls of an 

experimental powered-lift even if the 

test pilot is not rated for the aircraft. To 

log this time, the test pilot must act as 

PIC of the experimental powered-lift in 

accordance with a letter of authorization 

issued by the Administrator. In 

addition, the flight must be conducted 

for the purpose of research and 

development or showing compliance 

with the regulations in accordance with 

the experimental certificate issued to 

the powered-lift pursuant to § 21.191. 

Similarly, § 194.227(c) will allow 

instructor pilots to log PIC flight time 

for the purpose of satisfying the 10-hour 

cross-country requirement in 

§ 61.65(f)(1) when the pilot is serving as 

an instructor pilot for the manufacturer 

of an experimental powered-lift for 

which the instructor pilot is not rated 

under certain conditions. The pilot must 

act as pilot-in-command of the 

experimental powered-lift in accordance 

with a letter of authorization issued by 

the Administrator and the flight must be 

conducted for the purpose of crew 

training in accordance with the 

experimental certificate issued to the 

powered-lift pursuant to § 21.191. 

c. FAA Test Pilots and ASIs 

As discussed in section V.F.2.i.d. of 

this preamble, adopting the 

aforementioned SFAR provisions as 

proposed would preclude an FAA test 

pilot or ASI from utilizing the same 

flexibilities given to manufacturer test 

pilots and instructor pilots. For the 

same reasons discussed herein, the FAA 

finds it appropriate to add FAA test 

pilots and ASIs into the alternate 

framework to obtain an instrumentpowered-lift rating.249

Therefore, to facilitate this relief, this 

final rule adds FAA test pilots and ASIs 

to the following paragraphs: 

§ 194.225(a), (b), (b)(1), (b)(1)(ii), (b)(2) 

through (b)(4), (c), and (c)(1). FAA test 

pilots and ASIs will be able to utilize 

the same provisions available to a 

manufacturer’s test pilots, as previously 

summarized. Additionally, while no 

amendment is necessary, the FAA notes 

that, like test pilots, FAA test pilots and 

ASIs would be a population of pilots 

that the instructor pilot will be able to 

credit the time spent providing the 

manufacturer’s training curriculum 

under § 194.227(b)(1). 

ii. Initial Cadre Instructors: Alternate 

Aeronautical Experience and Logging 

Requirements for Instrument-PoweredLift Ratings 

In the NPRM, the FAA proposed 

alternate experience and logging 

requirements for certain requirements in 

§ 61.65(f) to facilitate initial training and 

certification of persons who have been 

authorized to serve as the initial cadre 

of instructors in § 194.229. Under 

§ 194.229(a), which will set forth the 

applicability provisions, the alternate 

requirements will apply if the 

applicants are authorized by the 

Administrator to serve in the instructor 

positions 250 in an approved training 

program under part 135, 141, or 142 and 

the flights are conducted in typecertificated powered-lift at the 

manufacturer. 


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251Adopted § 194.231(a) sets forth the general 

applicability requirements to utilize the crediting 

provisions subsequently discussed. 

252Pursuant to § 61.1, cross-country time must 

involve the use of dead reckoning, pilotage, 

electronic navigation aids, radio aids, or other 

navigation systems to navigate to the landing point. 

a. Aeronautical Experience 

Requirements Involving Training 

(§ 61.65(f)) 

As with test pilots, the FAA will 

permit initial check pilots, chief 

instructors, assistant chief instructors, 

or training center evaluators to receive 

the 15 hours of instrument training on 

the areas of operation listed in § 61.65(c) 

from an instructor pilot in lieu of an 

authorized instructor in § 194.229(b)(1). 

The instructor pilot will be required to 

conduct the training in accordance with 

the manufacturer’s training curriculum. 

Additionally, these persons will be 

required to obtain a logbook or training 

record endorsement from the instructor 

pilot certifying satisfactory completion 

of the manufacturer’s training 

curriculum for the same reasons the test 

pilot is required to receive such an 

endorsement. 

Additionally, the instructor pilot may 

replace the authorized instructor for (1) 

the 3 hours of instrument flight training 

in a powered-lift in preparation for the 

practical test for an instrumentpowered-lift rating within 2 calendar 

months before the date of the practical 

test in § 61.65(f)(2)(i), and (2) the crosscountry flight prescribed by 

§ 61.65(f)(2)(ii). Further, the person 

receiving the training at the 

manufacturer may obtain an 

endorsement from the instructor pilot 

certifying the completion of this crosscountry flight. Section 194.229(b)(2) and 

(b)(3) will prescribe these requirements, 

respectively. 

b. Aeronautical Experience 

Requirements Involving Logging PIC 

Flight Time (§ 61.65(f)(1)) 

In the NPRM, the FAA recognized the 

obstacle of logging PIC time in 

accordance with § 61.51(e)(1) for the 

reasons previously discussed in section 

V.J. of this preamble. Accordingly, 

consistent with the alternate logging 

requirements adopted herein for persons 

seeking to add a powered-lift category 

rating on a commercial pilot certificate, 

§ 194.229(c) will allow a person 

receiving training at the manufacturer to 

log PIC flight time for the purpose of 

satisfying the 10-hour cross-country 

requirement in § 61.65(f)(1) despite not 

being rated in the powered-lift in certain 

conditions. To log this time, the 

applicant will be required to solely 

manipulate the controls of the poweredlift with an instructor pilot onboard and 

perform the duties of PIC; additionally, 

the flight will be required to be 

conducted in accordance with the 

manufacturer’s training curriculum for 

the powered-lift. 

iii. Pilots Receiving Training Under an 

Approved Training Program: Use of a 

Full Flight Simulator for Instrument 

Training for an Instrument-Powered-Lift 

Rating 

Because the FAA proposed alternate 

pathways for personnel from part 135, 

141, and 142 certificate holders to 

obtain the experience necessary to be 

eligible for the initial powered-lift 

ratings on pilot and flight instructor 

certificates, these certificate holders will 

have access to a pool of authorized 

instructors to conduct training under 

their approved training programs. 

Therefore, the FAA did not find it 

necessary to enable alternate experience 

requirements for pilots receiving 

training under an approved training 

program that substitute instructor or test 

pilots for authorized instructors. 

Rather, the FAA found that 

temporarily permitting pilots receiving 

training under an approved training 

program 251 to credit some cross-country 

time obtained in a Level C or higher FFS 

would not adversely affect safety in 

light of the skills the pilot would 

develop in the FFS and the narrow 

applicability of the alternate 

requirement to seasoned pilots who 

already hold a commercial pilot 

certificate with an instrument rating. 

Therefore, the FAA proposed 

§ 194.231(c) to temporarily permit a 

maximum of 4 hours obtained in a Level 

C or higher FFS to be credited toward 

the flight time requirement in 

§ 61.65(f)(1), which requires an 

applicant to obtain 10 hours of crosscountry time 252 as PIC in a powered-lift. 

The 4 hours must include experience 

performing the duties of PIC during a 

simulated cross-country flight in a Level 

C or higher FFS that represents the 

powered-lift category and that includes 

the performance of instrument 

procedures under simulated instrument 

conditions. This relief only extends to 

those applicants and FFS sessions under 

a training program approved under part 

135, 141, or 142. Furthermore, the FAA 

proposed that a minimum of Level C 

FFS would be required to ensure the 

appropriate level of aerodynamic 

modeling, visual fidelity, and motion 

cueing to replicate the powered-lift. 

FSI recommended the FAA revise 

§ 194.231 to remove the requirement for 

a Level C or higher FFS and permit the 

training in any approved FSTD. FSI 

stated that FFS Level C or higher 

training is expensive and restrictive and 

urged the FAA to consider, first, the 

simplified vehicle operation of 

powered-lift and, second, other modern 

technologically advanced FSTDs. 

The FAA received a number of similar 

comments related to crediting time in a 

Level C or higher FFS in the context of 

the alternate framework for a 

commercial certificate with a poweredlift rating, as proposed in § 194.223(d). 

The FAA declines to expand the 

acceptable type and level of FSTD for 

credit to the aeronautical experience 

requirements of § 61.65(f)(1) for the 

reasons discussed in section V.F. of this 

preamble. 

As noted in the preamble, generally 

cross-country time may not be credited 

in an FFS because it does not depict a 

realistic enroute environment under 

VMC (e.g., verifying waypoints utilizing 

pilotage and dead reckoning is limited 

by the visual display fidelity available 

in FFSs). The FAA acknowledges that 

under IMC conditions, however, the 

pilot is training on and testing on the 

pilot’s ability to use instrument 

navigation to fly along routes depicted 

by navigational information via enroute 

and terminal charts, which is different 

from verifying visual reference with the 

use of visual waypoints. Therefore, the 

FAA maintains it is appropriate to 

permit some cross-country time to be 

credited in an FFS because the display 

and flightdeck information will align 

with the environment the pilot would 

operate in flight, but also maintains that 

the credit should be limited for the same 

reasons as those comprehensively 

discussed in section V.J. of this 

preamble. The ratio of time (i.e., four 

hours in the simulator combined with 

the skills the seasoned pilot would 

acquire from conducting 6 hours of 

cross-country time in the NAS) in a 

Level C or higher FFS would ensure the 

pilot has sufficient experience to apply 

for an instrument-powered-lift rating. 

Therefore, the FAA adopts the 

amendment as proposed. 

4. Alternate Requirements for CrossCountry Flights for Commercial Pilot 

Certificate, Instrument Rating, and 

Private Pilot Certificate 

Finally, upon evaluation of the 

expected range capabilities of poweredlift, the FAA determined that the 

distances specified in the definition of 

‘‘cross-country time’’ in § 61.1 and the 

specific cross-country flights prescribed 

in part 61 may not be feasible for the 

powered-lift coming to market. 

Therefore, the FAA proposed several 

alternate provisions to facilitate a pilot’s 

ability to complete and log crossVerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00067 Fmt 4701 Sfmt 4700 E:\FR\FM\21NOR2.SGM 21NOR2

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

254Section 61.129(e)(2)(ii) requires an applicant 

for a commercial pilot certificate with a poweredlift category rating to acquire 10 hours of crosscountry flight time as PIC in a powered-lift. Section 

61.65(f) requires an applicant for an instrumentpowered-lift rating to obtain 10 hours of crosscountry flight time as PIC in a powered-lift. 

255While the FAA proposed to adopt provisions 

in the SFAR that would require cross-country 

flights with shorter minimum legs than those 

currently specified in § 61.129(e), the FAA noted 

that these requirements would serve as an 

alternative to the requirements set forth in 

§ 61.129(e). Thus, an applicant for a commercial 

pilot certificate with a powered-lift category rating 

still has the option to complete the cross-country 

flights specified in § 61.129(e). 

256This merely reduces the distance requirements 

listed in §§ 61.109(e)(2)(i) and 61.109(e)(5)(ii) to 

mirror those required in § 61.109(c)(2)(i) and 

61.109(c)(5)(ii) for helicopters. Private pilot 

applicants for a powered-lift rating must meet all 

other aeronautical experience requirements 

provided in § 61.109(e). 257 § 61.127(b)(5)(vii). 

country time while ensuring the 

experience meets the essential 

objectives of pilot training. The FAA 

received many comments on these 

cross-country proposals, which are 

considerably intertwined. Therefore, 

this section, first, summarizes all crosscountry proposals, second, responds to 

applicable comments, and third, 

discusses cross-country tangentially 

related proposals and final rule actions. 

i. Summary of Proposed Cross-Country 

Alternate Means 

To Log Cross-Country Time in PoweredLift 

First, cross-country time is currently 

defined in § 61.1(b). Within § 61.1(b), 

there are multiple definitions of crosscountry time that are applicable based 

on how the cross-country time is used 

to meet aeronautical experience 

requirements. To meet the current 

definition of cross-country time for 

aeronautical experience for powered-lift 

ratings, the flight time 253 aligns with 

that of airplanes and must include a 

landing point that is at least a straightline distance of more than 50 nautical 

miles from the original point of 

departure, except for an ATP certificate 

and military pilots who qualify for a 

commercial pilot certificate under 

§ 61.73, whereby cross-country time for 

aeronautical experience does not require 

a landing point. Given the significant 

disparity between the range capabilities 

of airplanes and the emerging poweredlift currently going through aircraft 

certification, the FAA found it 

unnecessary to require cross-country 

time in a powered-lift to include the 

same distance as that required for 

airplanes and, therefore, proposed to 

add § 194.201 as a temporary provision 

that would reduce the general distance 

for logging cross-country time in a 

powered-lift from 50 nautical miles to 

25 nautical miles. 

Specifically, as proposed, the rule 

would permit a person to log flight time 

in a powered-lift as cross-country 

time 254 when that time (1) includes a 

point of landing that is at least a 

straight-line distance of more than 25 

nautical miles from the original point of 

departure, and (2) involves the use of 

dead reckoning, pilotage, electronic 

navigation aids, radio aids, or other 

navigation systems to navigate to the 

landing point. While the FAA proposed 

to permit a pilot to log shorter crosscountry flights as cross-country time, 

the pilot would nevertheless be required 

to obtain the requisite hours of crosscountry time in a powered-lift for the 

certificate or rating sought.255

Additionally, the FAA’s proposed 

provision in § 194.201 would govern the 

logging of cross-country time in 

powered-lift for the purpose of meeting 

the aeronautical experience 

requirements of part 61 as a whole that 

apply to a powered-lift category rating, 

including the cross-country time 

required for an ATP certificate with a 

powered-lift category rating. Thus, a 

person would be permitted to log crosscountry time in accordance with 

§ 194.201 toward the 500 hours of crosscountry time in § 61.163(a)(1). This 

proposal would equally apply to crosscountry flight training time in a 

powered-lift required by § 61.109(e)(1) 

and solo cross-country time required by 

§ 61.109(e)(5)(i).256

Summary of Specific Cross-Country 

Proposals for a Commercial Pilot 

Certificate 

The FAA also proposed alternate 

cross-country aeronautical experience 

requirements to those set forth in 

§ 61.129(e) for all applicants for a 

powered-lift category rating at the 

commercial pilot certificate level. In 

place of the long cross-country flight in 

§ 61.129(e)(4)(i) (i.e., 250 nautical 

miles), proposed § 194.233(b) would 

permit an applicant to complete a crosscountry flight that consists of landings 

at a minimum of three points, with one 

segment consisting of a straight-line 

distance of at least 50 nautical miles 

from the original point of departure. As 

a result of reducing the straight-line 

distance from 250 nautical miles to 50 

nautical miles, proposed § 194.233(b) 

would require an applicant seeking to 

comply with the alternate requirement 

to complete an additional cross-country 

flight of the same specified distance of 

50 nautical miles. The proposed 

additional cross-country flight would 

have to be conducted to different points 

of landing than the initial cross-country 

flight. The FAA noted, however, that the 

original point of departure may be the 

same, as pilots generally begin crosscountry flights at their home airport. 

Likewise, the FAA proposed alternate 

requirements for the cross-country 

requirements of § 61.129(e)(3)(ii) and 

(iii) (i.e., straight-line distance of at least 

100 nautical miles from the original 

departure point). Under proposed 

§ 194.233(a), an applicant would be 

required to log at least one 2-hour cross 

country flight in a powered-lift in 

daytime conditions (proposed 

§ 194.233(a)(1)) and one 2-hour crosscountry flight in a powered-lift in 

nighttime conditions (proposed 

§ 194.233(a)(2)). Each of these proposed 

cross-country flights must consist of a 

total straight-line distance of 50 nautical 

miles from the original point of 

departure (rather than 100 nautical 

miles, which is currently required by 

§ 61.129(e)(3)). As a result of reducing 

the straight-line distance from 100 

nautical miles to 50 nautical miles, the 

FAA proposed in § 194.233(a)(3) to 

require an additional cross-country 

flight of the same specified distance of 

50 nautical miles. Except for the original 

point of departure, the additional crosscountry flight must include landings at 

different points than the points selected 

for the day and night cross-country 

flights. The NPRM did not propose to 

reduce the required flight time (2 

hours). 

The applicant for a commercial pilot 

certificate with a powered-lift category 

rating would still be required to receive 

and log ground training from an 

authorized instructor on the 

aeronautical knowledge areas specified 

in § 61.125(b). Additionally, the 

applicant would still be required to 

receive and log flight training from an 

authorized instructor on the areas of 

operation specified in § 61.127(b)(5), 

which includes navigation.257

Additionally, the applicant must meet 

the aeronautical experience 

requirements that apply to the poweredlift category rating (e.g., 10 hours of 

cross-country time in a powered-lift) 

and pass the practical test on the areas 

of operation listed in § 61.127(b), which 

includes tasks on cross-country 

planning and navigation (e.g., crosscountry planning is a task under 

Preflight Preparation area of operation 

in the Commercial Pilot for PoweredLift Category ACS). 


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258The FAA notes that the introductory language 

in § 61.65(f)(2) requires that the flight time under 

that section cover the areas of operation in 

§ 61.65(c); therefore, the cross-country flight 

required under § 61.65(f)(2)(ii)(A) must cover those 

areas. 

259Archer specifically referenced §§ 121.434 and 

61.159(b). 

260See Legal Interpretation to Olshock, Pan Am 

International Flight Academy (May 4, 2007). 

Summary of Specific Cross-Country 

Proposals for an Instrument-PoweredLift Rating (§ 61.65(f)) 

Similarly, the FAA proposed alternate 

cross-country aeronautical experience 

requirements for all applicants for an 

instrument-powered-lift rating under 

§ 61.65(f) in § 194.235. In place of the 

long cross-country flight in 

§ 61.65(f)(2)(ii)(A) (i.e., a flight of 250 

nautical miles), proposed 

§ 194.235(a)(2)(i) would permit an 

applicant to complete a cross-country 

flight that involves a distance of 100 

nautical miles along airways or by 

directed routing from an ATC facility. 

To ensure the applicant for an 

instrument-powered-lift rating obtains 

experience comparable to that which 

would be obtained under the current 

regulation, the FAA proposed to require 

the applicant to complete an additional 

cross-country flight of the same 

specified distance of 100 nautical miles. 

Under proposed § 194.235(a)(1), the 

applicant for an instrument-powered-lift 

rating would still be required to receive 

and log ground training from an 

authorized instructor (or from an 

instructor pilot) on the aeronautical 

knowledge areas set forth in § 61.65(b). 

The applicant would also still be 

required to receive and log flight 

training from an authorized instructor 

(or from an instructor pilot if the person 

receiving training is an eligible pilot 

under § 194.215) on the areas of 

operation specified in § 61.65(c).258

Furthermore, the applicant must meet 

the existing aeronautical experience 

requirements that apply to the 

instrument-powered-lift rating (e.g., 10 

hours of cross-country flight time as PIC 

in a powered-lift) and pass the practical 

test on the areas of operation in 

§ 61.65(c). 

The FAA also proposed in 

§ 194.235(b) to provide relief from the 

requirement in § 61.65(f)(2)(ii) to 

perform instrument training on crosscountry procedures under IFR and a 

flight plan filed with an air traffic 

control facility when an aircraft is not 

certificated for IFR. This relief is 

necessary to prevent a person from 

filing an IFR flight plan for a poweredlift that is certificated for VFR-only 

operations in violation of an aircraft’s 

operating limitations under § 91.9. This 

relief would only be available when the 

pilot already holds an instrument 

airplane rating, an instrument helicopter 

rating, or an ATP certificate, as these 

pilots would already have experience 

operating under IFR and will have been 

tested on instrument procedures and 

regulations governing IFR operations. 

ii. Comments on the Proposed CrossCountry Alternate Means 

ALPA supported the alternate crosscountry framework whereby the NPRM 

reduced the straight-line distance from 

250 nautical miles to 50 nautical miles 

in proposed § 194.233(b) with the 

proposed mitigations (e.g., different 

landing points, additional cross-country 

flight), finding that the framework 

would still maintain adequate training 

and safety, Further, ALPA noted and 

supported that the FAA did not propose 

to reduce the minimum amount of 

cross-country time to be obtained in a 

powered-lift for a certificate. 

Archer generally supported the FAA’s 

acknowledgement that, first, a pilot 

must be trained on the navigation of a 

powered-lift from takeoff to different 

destinations than the original point of 

departure and, second, that the existing 

cross-country training requirements 

create barriers given the range and 

endurance inherent in the general array 

of powered-lift intended for civilian 

operations. While Archer specifically 

supported the proposed reduction from 

50 to 25 nautical miles in § 194.201, 

Archer opposed the retention of the 2- 

hour endurance requirements and 50 

and 100 nautical mile range 

requirements for the individual crosscountry training flights in proposed 

§§ 194.233 and 194.235. Archer 

specifically stated that the FAA’s 

citation of a powered-lift’s range of 105 

to 162 nautical miles represents the 

absolute maximum ranges for 

conventional takeoff and landing, 

without fuel reserves, at the beginning 

of battery life; Archer contended that a 

vertical takeoff and landing without fuel 

reserves near the end of battery life 

would reduce the operational range to 

25 to 55 nautical miles. Similarly, 

Archer stated that the NPRM failed to 

address endurance limitations where 

the range is only 30 minutes 

(specifically, given the parameters of the 

previously described operation) and that 

the current operational range of 

powered-lift will be significantly less 

than the operational range of the 

majority of helicopters. Archer 

recommended the FAA implement a 

performance and cycle-based framework 

through the execution of realistic 

training flights of a length and 

endurance that are commensurate with 

those operations that will be conducted 

after the pilot obtains the required 

ratings. Additionally, Archer 

recommended the FAA eliminate the 2- 

hour endurance requirement in 

§ 194.233, reduce the required distance 

to 25 nautical miles in §§ 194.233 and 

194.235, and add a provision in 

§ 61.129(e)(2)(iii) allowing the poweredlift pilot to substitute 10 operating 

cycles for 10 hours of cross-country 

time.259

Similarly, FSI recommended the FAA 

align with ICAO Annex 1 

recommendation 2.1.1.4, which FSI 

stated would remove the requirement 

for a powered-lift category rating, 

thereby removing the requirement for 

cross-country flight time. FSI stated that 

the lack of infrastructure will make 

cross-country training difficult due to 

the lack of places to charge electric 

aircraft. Additionally, FSI recommended 

that the FAA allow credit for crosscountry time obtained for an airplane or 

helicopter rating and cross-country time 

conducted as a lost scenario in the 

approved FSTD, and that any crosscountry flight time in the aircraft be 

accomplished after the practical test as 

part of supervised operating experience. 

First, in regard to Archer’s position to 

eliminate the 2-hour cross-country 

requirements set forth in proposed 

§ 194.233(a)(1) and (2), the FAA 

considered the given capable ranges of 

various aircraft in the certification 

process. The required two hours 

establishes the minimum flight time of 

the entire flight: in other words, two 

hours is the total time necessary to 

encompass the associated distances and 

allow for the pilot to ensure appropriate 

performance planning.260 The alternate 

regulations will not preclude a pilot 

from stopping at an airport and 

charging, similar to how an airplane or 

helicopter stops along their filed route 

to get fuel. Given this flexibility on 

accomplishing the 2-hour requirement, 

the FAA does not find additional relief 

to be warranted. Second, Archer 

suggested the FAA further reduce the 

distance proposed in §§ 194.233 and 

194.235 to 25 nautical miles because the 

endurance of some aircraft would be 30 

minutes or less. The FAA has evaluated 

the active type certification projects for 

powered-lift and does not find any 

powered-lift with a range less than 50 

nautical miles, regardless of length of 

time in flight capabilities, nor was the 

FAA provided with any supporting 

evidence of such a limitation during the 


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261The exemption process under part 11 would 

remain an option for powered-lift manufactured 

with a range capability of less than 50 nautical 

miles. 

262Lost Procedures, which are described in the 

Pilot’s Handbook of Aeronautical Knowledge, FAA– 

H–8083–25, consist of a series of tasks to perform 

should a pilot become lost while in flight. These 

procedures consist of climbing to increase radio and 

navigation reception, plotting position using 

onboard navigational equipment, communicating 

with ATC or Flight Service Stations, and if the 

situation is dire enough transmitting on emergency 

frequency and setting transponder to 7700. 

263Notice and Request for Information on 

Advance Air Mobility, 88 FR 31593 (May 17, 2023). 

264www.popsci.com/technology/alia-electricaircraft-completes-journey/evtol.news/news/betaflies-south-for-the-winter. 

comment period to warrant further 

relief.261

Third, Archer urged the FAA to adopt 

a performance and cycle-based 

framework through execution of training 

flights of length and endurance that are 

commensurate with those operations to 

be conducted after the pilot obtains the 

required ratings. As previously 

discussed in section V.J. of this 

preamble, the FAA does not find this 

manner of cross-country flight 

experience would provide a level of 

experience commensurate with that 

required for initial powered-lift category 

and type certification for those reasons 

discussed in this preamble. 

Additionally, as a cycle-based 

substitution applies to cross-country 

aeronautical experience specifically, 

commenters did not provide the FAA 

with any information other than a 

topical suggestion as to how a 

performance or cycle-based framework 

would achieve a level of proficiency 

equal with that of a pilot receiving an 

initial powered-lift category rating. 

Further, a significant objective of crosscountry flights is to expose a pilot to 

time in the category of aircraft where 

random events may occur in the 

airspace, including, for example, 

weather, delays, air traffic, and ATC 

communication. Another objective is to 

expose the pilot to unfamiliar terrain 

and different landing points than a 

pilot’s base or familiar airport, thereby 

facilitating diverse experience in 

preflight planning. Without additional 

information for the FAA to evaluate, a 

cycle-based framework, which may be 

repetitive and offer little experience 

beyond a rudimentary traffic pattern, 

may not expose the pilot to these key 

objectives. An initial certification 

framework only encompassing familiar, 

smaller routes and circuits may not 

adequately equip the pilot with 

situational proficiency, for example, 

should the need arise to land at an 

unfamiliar landing site. 

Finally, in response to FSI’s 

comments, the FAA acknowledges there 

is an experience advantage by virtue of 

each pilot utilizing the relief provided 

by the SFAR holding certain certificates 

and ratings; however, the FAA does not 

find that this translates to synonymous 

experience such that vital training 

elements can be wholly eliminated or 

substituted. Performing a cross-country 

flight in an airplane or helicopter may 

be vastly different than performing a 

cross-country flight in a powered-lift. 

While there are certain elements to a 

cross-country flight that are shared 

amongst categories of aircraft (e.g., use 

of navigation charts, communicating 

with ATC, operations in airspace, 

avoidance of traffic, runway incursions 

at unfamiliar airports), cross-country 

flight time provides experience in 

aircraft-specific characteristics. These 

characteristics include encountering 

different challenges in flightdeck 

management relative to the pilot’s 

operation of the aircraft while acting as 

PIC (e.g., passenger briefing 

requirements, aircraft automation, use of 

appropriate checklists, dealing with 

inoperative equipment). These 

differences affect the performance of 

certain tasks, flightdeck management, 

and risk management during a crosscountry flight and ultimately require a 

skill set that is unique to the category of 

aircraft such that a substitution would 

not ensure a pilot has proficiency in the 

powered-lift. 

The FAA also finds that performing 

cross-country time as a lost 

procedures 262 scenario in an approved 

FSTD in lieu of cross-country in the 

aircraft would not provide an adequate 

substitution for the same reasons that 

powered-lift cross-country flights may 

present scenarios uncontemplated in 

airplane or helicopter cross-country 

operations. The FAA already expects an 

applicant to be trained on lost 

procedures, as the commercial poweredlift ACS sets forth Lost Procedures as a 

Task under Area of Operation VII, 

Navigation. 

To the extent that FSI calls attention 

to infrastructure issues, the FAA notes 

that the Department of Transportation 

published a Request for Information 

(RFI) 263 in the Federal Register in 2023 

seeking information from the OEM 

community to inform a short-term and 

long-term national strategy to integrate 

AAM into the NAS, including 

infrastructure considerations. 

Additionally, the Advanced Air 

Mobility Interagency Working Group 

(AAM IWG) is considering 

infrastructure challenges as part of this 

effort. The FAA notes that certain OEMs 

have utilized portable charging stations 

and even installed chargers at specific 

airports to help accommodate longdistance flights.264 The FAA is an active 

member of the AAM IWG and will 

continue to collaborate on a national 

strategy to address infrastructure issues. 

However, the FAA does not see 

associated infrastructure challenges as 

reason to alter the aeronautical 

experience required of a pilot who is 

training to operate a powered-lift in the 

NAS in commercial, passenger-carrying 

operations. Experience gained in the 

aircraft must be predicated on the need 

to enhance the pilot’s ability to operate 

a powered-lift, particularly outside the 

pilot’s local operating environment. 

iii. Specific Cross-Country Flights for 

Private Pilot Certificate (§ 61.109) 

As discussed in the NPRM, the FAA 

proposed alternate pathways primarily 

for individuals at the commercial level 

to enable immediate commercial 

passenger-carrying operations. However, 

the FAA recognized that rationale for 

offering relief from the cross-country 

requirements for commercial pilots 

applies equally to an applicant for a 

private pilot certificate. Therefore, the 

FAA proposed to reduce the nautical 

mile distances in the aeronautical 

experience required to be eligible for a 

private pilot certificate. The FAA did 

not receive comments on the alternate 

aeronautical experience requirements 

for private pilots as set forth in 

proposed § 194.237 and adopts the 

amendments as proposed. 

Specifically, alternate aeronautical 

experience requirements will allow an 

applicant for a private pilot certificate 

with a powered-lift category rating to 

complete the cross-country flights in 

§ 61.109 at a reduced nautical mile 

distance. First, in place of the crosscountry flight in § 61.109(e)(2)(i) (i.e., 

night flight training that includes one 

cross-country flight over 100 nautical 

miles), § 194.237(a) will require an 

applicant to receive three hours of night 

flight training that includes two crosscountry flights with each flight 

consisting of a total distance that 

exceeds 50 nautical miles. Additionally, 

in place of the solo cross-country flight 

that is currently listed in 

§ 61.109(e)(5)(ii) (i.e., 150 nautical miles 

total distance with one segment of the 

flight consisting of a straight-line 

distance of more than 50 nautical 

miles), § 194.237(b) will set forth 

alternate solo cross-country experience. 

Specifically, the applicant will be 

required to complete one solo crosscountry flight of 100 nautical miles total 

distance with landings at three points 


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265Currently, § 61.109(e)(5) permits an applicant 

to obtain 10 hours of solo flight time in either an 

airplane or a powered-lift. For the reasons 

discussed in section V.I.1.of this preamble, the FAA 

proposed to amend § 61.109(e)(5) to require the solo 

flight time to be obtained in a powered-lift and 

adopts that amendment in this final rule. 

266 § 61.163(a)(1)–(4). The FAA notes that, of the 

75 hours of instrument flight time, a person is 

limited to no more than 25 hours of simulated 

instrument time in an FSTD (see § 61.163(a)(4)(i)). 

However, if training is completed in a course 

conducted by a part 142 training center, a person 

may credit a maximum of 50 hours of the 75 hours 

in an FSTD (see § 61.163(a)(4)(ii)). 

267 § 61.163(b). 

and with one segment of the flight 

consisting of a straight-line distance of 

more than 25 nautical miles 

(§ 194.237(b)(1)). The applicant will be 

required to complete an additional solo 

cross-country flight to be conducted in 

a powered-lift (§ 194.237(b)(2)). This 

additional solo cross-country flight will 

require landings at a minimum of three 

points, with one segment consisting of 

a straight-line distance of at least 50 

nautical miles from the original point of 

departure. The additional cross-country 

flight will be required to be conducted 

to different points of landing than the 

initial cross-country flight. 

While proposed § 194.237 reduces the 

required distances for the cross-country 

flights in § 61.109, it will not reduce the 

required flight time. A person seeking a 

private pilot certificate with a poweredlift category rating will still be required 

to obtain 3 hours of cross-country flight 

training in a powered-lift, pursuant to 

§ 61.109(e)(1), and 5 hours of crosscountry solo flight time in a poweredlift under § 61.109(e)(5)(i), as adopted by 

this final rule.265

iv. Part 141 Appendices 

Certain existing minimum curriculum 

requirements for a part 141 pilot school 

seeking to use a powered-lift specified 

in the part 141 appendices mirror the 

cross-country requirements set forth in 

§§ 61.65(f), 61.109(e), and 61.129(e). As 

previously discussed, the FAA adopts 

alternate cross-country requirements in 

§§ 194.233, 194.235, and 194.237 and, 

therefore, proposed that part 141 pilot 

schools should be able to use these 

alternate cross-country distances. 

The FAA did not receive comments 

on the provision and adopts 

§ 194.239(b) to facilitate these 

substitutions. As set forth by 

§ 194.239(b)(3), the part 141 training 

course using the alternate cross-country 

distances must include an additional 

cross-country flight consistent with the 

requirements of §§ 194.233, 194.235, 

and 194.237, as applicable. 

Additionally, as discussed in section 

V.F.2. of this preamble, this final rule 

reduces the amount of PIC time in a 

powered-lift set forth by § 61.129(e)(2)(i) 

from 50 hours to 35 hours. However, the 

FAA does not find a conforming 

amendment is necessary to account for 

the part 141 appendices in the SFAR 

similar to the amendments to account 

for the alternate cross-country 

requirements because the PIC 

requirements are subject to § 141.55(d) 

which allows a pilot school to apply 

and receive approval for a reduced hour 

curriculum in accordance with the 

appropriate appendix of part 141. 

v. Technical Correction and 

Nomenclature Change 

The NPRM proposed a minor 

technical correction to the definition of 

cross-country time in § 61.1(b). 

Specifically, the definition lists seven 

paragraphs, but incorrectly only 

references up to the sixth (i.e., 

paragraphs (ii) through (vi) rather than 

paragraphs (ii) through (vii)). The FAA 

proposed to correct the cross-reference 

in paragraph (i) of the definition to refer 

to paragraphs (ii) through (vii). 

Additionally, the FAA noted that the 

nomenclature concerning ‘‘crosscountry time’’ is inconsistent 

throughout part 61. The NPRM 

proposed to remove ‘‘cross-country 

flight time’’ throughout part 61 and 

replace the term with the words ‘‘crosscountry time.’’ 

The FAA did not receive any 

comments to these proposals and 

adopts, first, the correction in § 61.1(b) 

definition of cross-country time and, 

second, the nomenclature change to 

‘‘cross-country time’’ in the following 

provisions: §§ 61.65(d), (e), (f), (g) 

introductory text, (g)(1) and (2); 

61.67(b)(3); 61.68(b)(3); 61.129(g)(2)(i); 

61.159(a)(1), (a)(5)(i); 61.160(e), (f); 

61.161(a)(1); 61.163(a)(1), (a)(3)(i); and 

61.411(a)(1)(iii) and (iv), (c)(1)(iii) and 

(iv), (d)(1)(iii) and (iv), (f)(1)(iii) and (iv), 

(g)(1)(iii) and (iv). 

5. Comments Pertaining to ATP 

Certificate Aeronautical Experience 

Bristow urged the FAA to consider 

providing relief for pilots seeking to 

gain aeronautical experience toward an 

ATP with powered-lift rating. 

Specifically, Bristow highlighted 

concerns that without such relief, only 

a small pool of military pilots would be 

qualified to immediately enable entities 

to stand up powered-lift commuter 

services. Bristow supported aeronautical 

experience requirement relief for those 

persons seeking an ATP certificate with 

a powered-lift category rating under the 

premise that powered-lift operations 

and characteristics are different than 

those of conventional aircraft with 

operations that require an ATP 

certificate. Bristow stated that ATP 

certificates are essential to pilots of 

conventional aircraft to transport large 

groups of passengers over long distances 

at high altitudes and that the currently 

mandated 1,500 hours of experience 

teaches pilots how to respond to serious 

situations in aircraft (e.g., loss of an 

engine), handle unscripted and 

unanticipated operational events (e.g., 

diversions), and experience operations 

in and out of different airports and 

operating environments with unique 

conditions and limitations. Bristow 

explained that, by contrast, powered-lift 

will function like taxis and busses as 

alternative to commercial aircraft 

services within a specific mile range at 

lower altitudes. Additionally, Bristow 

stated that powered-lift operations will 

follow set corridors with highly scripted 

operations and catastrophic events 

would not be as consequential due to 

built-in redundancies and autonomous 

systems. 

Subpart G of part 61 prescribes the 

requirements for issuance of an ATP 

certificate and ratings, the conditions 

under which those certificates and 

ratings are necessary, and the general 

operating rules for persons who hold 

those certificates. Among other 

requirements, a person must meet the 

aeronautical experience requirements of 

subpart G that apply to the aircraft 

category and class rating sought before 

applying for the practical test. Section 

61.163 sets forth the aeronautical 

experience requirements for a poweredlift category rating. Currently, a person 

must have at least 1,500 hours of total 

time as a pilot that includes at least: (1) 

500 hours of cross-country flight time, 

(2) 100 hours of night flight time, (3) 250 

hours in a powered-lift as a PIC (or as 

an SIC performing the duties of a PIC 

under the supervision of a PIC, or any 

combination thereof) that includes at 

least 100 hours of cross-country flight 

time and 25 hours of night flight time, 

and (4) 75 hours of instrument flight 

time in actual or simulated instrument 

conditions.266 Additionally, no more 

than 100 hours of the total aeronautical 

experience requirements may be 

obtained in an FSTD that represents a 

powered-lift if the training is obtained 

under a part 142 training center.267

The FAA did not propose relief to the 

aeronautical experience requirements 

for an ATP certificate with a poweredlift rating because the reasons that the 

FAA proposed, and adopts herein, relief 

for the PIC flight time in a powered-lift 

aeronautical experience requirements 

for a commercial pilot certificate with a 

powered-lift rating are not equally 


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268 § 61.163(a)(3). 

applicable. The FAA acknowledges that 

the flight regimes of a powered-lift and 

a helicopter are similar for purposes of 

airmen certification, to warrant a 

stronger emphasis on vertical take-offs 

and landings and transition into 

horizontal flight and reduction 

specifically to PIC in a powered-lift 

time, particularly given the 

prerequisites to use the SFAR where a 

pilot would have met the PIC 

requirements in another aircraft. The 

FAA further reasoned that this 

reduction in PIC flight time in a 

powered-lift and cross-country relief 

will be conducted under a part 135, 141, 

or 142 training program. These training 

programs inherently include safeguards 

such as greater oversight, structured 

programs, dedicated training facilities, 

and FAA-approved curriculum, which 

function to ensure the pilot engages in 

high-quality training events. 

However, the FAA did not reduce the 

total amount of flight time required to 

apply for a commercial pilot certificate 

with a powered-lift category rating, nor 

will this final rule reduce the total 

amount of flight time required for an 

ATP certificate with a powered-lift 

category rating for the same reasons. 

Specifically, as discussed in section 

V.F.4.ii. of this preamble, accruing 

experience in the aircraft through 

general minimum flight time 

requirements builds the pilot’s 

proficiency in responding to an array of 

environmental and decisional 

situations. While this time is 

significantly lower for an ATP 

certificate with a rotorcraft category, 

helicopter class rating than for an ATP 

certificate with an airplane category 

rating (i.e., 300 hours), the FAA does not 

have, nor has been presented with, data 

or supporting evidence that a reasonable 

safety basis exists to warrant a 

significant reduction of hours, 

especially where the intended 

operations for powered-lift include 

immediate passenger-transporting 

commercial operations. 

Additionally, the pilot flight time 

required for an ATP certificate with a 

powered-lift category rating is 

generalized pilot time such that a 

person’s previously held experience in 

an airplane or helicopter will constitute 

a sizeable portion of required time. 

Specifically, only 250 hours of the flight 

time set forth by § 61.163 is required to 

take place in a powered-lift. The FAA 

does not find this to be an 

insurmountable amount of hours given 

the proficiency requirements expected 

of a pilot transporting passengers in 

commercial operations.268 Therefore, 

the FAA declines to provide any further 

relief from the requirements of § 61.163 

outside of the alternate definition of 

cross-country time, which would apply 

to the cross-country requirement in 

§ 61.163(a)(3)(i). 

6. Alternate Experience and Logging 

Summaries 

i. Summary Tables for Obtaining a 

Commercial Pilot Certificate With 

Powered-Lift Rating 

As noted, this rule finalizes 

requirements to facilitate airmen 

certification for a commercial pilot 

certificate with a powered-lift rating 

involving several alternate experience 

and logging requirements. To facilitate 

readability of the alternate requirements 

that would apply to persons seeking 

powered-lift ratings, the FAA has 

compartmentalized the rule language 

into individual sections depending on 

the powered-lift ratings sought. Tables 

3, 4, and 5 contain the proposed 

alternate provisions for a commercial 

pilot certificate with a powered-lift 

rating. 

TABLE 3—ALTERNATE PROVISIONS FOR A COMMERCIAL PILOT CERTIFICATE WITH A POWERED-LIFT CATEGORY RATING: 

TEST PILOTS AND INSTRUCTOR PILOTS

Current flight time requirements 

(§ 61.129(e)) 

Alternate provisions for test pilots, FAA test 

pilots, and FAA ASIs * Alternate provisions for instructor pilots * 

Powered-Aircraft Time 

100 hours in powered-aircraft, of which 50 

hours must be in a powered-lift 

No alternative. No alternative. 

PIC Flight Time 

100 hours of PIC flight time, which includes at 

least— 

(1) 50 hours in a powered-lift, and 

(2) 50 hours in cross-country flight of which 10 

must be in powered-lift 

100 hours of PIC flight time which includes at 

least— 

(1) 35 hours in a powered-lift of which 15 may 

be in a Level C or higher FFS; and 

(2) 50 hours in cross-country flight of which 

10 must be in powered-lift. 

A test pilot, FAA test pilot, or ASI who is not 

rated in the powered-lift may log PIC flight 

time in the experimental powered-lift if (1) 

the test pilot is the sole manipulator of the 

controls, (2) the test pilot is acting as PIC, 

and (3) the flight is conducted for the purpose of R&D or showing compliance. 

See §§ 194.216 and 194.217(c). 

100 hours of PIC flight time, which includes at 

least— 

(1) 35 hours in a powered-lift of which 15 may 

be in a Level C or higher FFS; and 

(2) 50 hours in cross-country flight of which 

10 must be in powered-lift. 

An instructor pilot who is not rated in the powered-lift may log PIC flight time in the experimental powered-lift if (1) acting as PIC, 

and (2) the flight is conducted for the purpose of crew training. 

See §§ 194.216 and 194.219(c). 


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TABLE 3—ALTERNATE PROVISIONS FOR A COMMERCIAL PILOT CERTIFICATE WITH A POWERED-LIFT CATEGORY RATING: 

TEST PILOTS AND INSTRUCTOR PILOTS—Continued 

Current flight time requirements 

(§ 61.129(e)) 

Alternate provisions for test pilots, FAA test 

pilots, and FAA ASIs * Alternate provisions for instructor pilots * 

Training on the Areas of Operation listed in § 61.127(b)(5) 

20 hours of training on the areas of operation 

listed in § 61.127(b)(5) that includes at 

least— 

Test pilot, FAA test pilot, or ASI may receive 

this training from an instructor pilot (rather 

than an authorized instructor) if (1) training 

is conducted in accordance with the manufacturer’s training curriculum, and (2) test 

pilot, FAA test pilot, or ASI receives endorsement from instructor pilot certifying 

satisfactory completion of the curriculum. 

See § 194.217(b)(1). 

In lieu of receiving this training, an instructor 

pilot may meet this requirement by providing the manufacturer’s training curriculum to a test pilot, FAA test pilot or ASI, 

which includes 20 hours of training on the 

areas of operation listed in § 61.127(b)(5). 

The instructor pilot must receive endorsement from management official certifying 

that instructor pilot provided the training. 

See § 194.219(b)(1). 

(1) 10 hours of instrument training using a 

view-limiting device including attitude instrument flying, partial panel skills, recovery from 

unusual flight attitudes, and intercepting and 

tracking navigational systems. 5 hours of the 

10 hours required on instrument training must 

be in a powered-lift. 

Test pilot, FAA test pilot or ASI may receive 

this instrument training from instructor pilot 

in an experimental powered-lift in accordance with the manufacturer’s proposed 

training curriculum. 

See § 194.217(b)(1). 

Instructor pilot may satisfy this requirement by 

providing instrument training to test pilot, 

FAA test pilot, or ASI in accordance with 

the manufacturer’s proposed training curriculum. The instructor pilot must receive an 

endorsement from management official certifying that instructor pilot provided the training. 

See § 194.219(b)(1). 

(2) The following cross-country flights— 

One 2-hour cross country flight in a powered-lift 

in daytime conditions that consists of a total 

straight-line distance of more than 100 nautical miles from the original point of departure; and 

One 2-hour cross country flight in a powered-lift 

in nighttime conditions that consists of a total 

straight-line distance of more than 100 nautical miles from the original point of departure; and 

Test pilot, FAA test pilot, or ASI may complete all of the following cross-country 

flights— 

One 2-hour cross country flight in a poweredlift in daytime conditions that consists of a 

total straight-line distance of more than 50 

nautical miles from the original point of departure; 

One 2-hour cross country flight in a poweredlift in nighttime conditions that consists of a 

total straight-line distance of more than 50 

nautical miles from the original point of departure; and 

An additional cross-country flight with landings 

at a minimum of three points, with one segment consisting of a straight-line distance of 

at least 50 nautical miles from the original 

point of departure. The additional crosscountry flight must include landings at different points than the first two cross-country 

flights. 

See § 194.233(a). 

Instructor pilot may complete all of the same 

alternate cross-country flights as test pilot, 

FAA test pilot or ASI. 

See § 194.233(a). 

(3) 3 hours in a powered-lift with an authorized 

instructor in preparation for the practical test 

within the preceding 2 calendar months from 

the month of the test. 

Test pilot, FAA test pilot, or ASI may accomplish the practical test preparation with an 

instructor pilot (rather than an authorized instructor). 

See § 194.217(b)(2). 

Instructor pilot may accomplish the practical 

test preparation with another instructor pilot 

(rather than an authorized instructor). 

See § 194.219(b)(2). 

Solo Flight Time or Flight Time Performing the Duties of PIC 

Ten hours of solo flight time in a powered-lift or 

10 hours of flight time performing the duties 

of PIC in a powered-lift with an authorized instructor on board (either of which may be 

credited toward the flight time requirement 

under § 61.129(e)(2), on the areas of operation listed in § 61.127(b)(5)) that includes— 

Test pilot, FAA test pilot, or ASI may complete 10 hours of solo flight time under an 

endorsement from an instructor pilot or 10 

hours of flight time performing the duties of 

PIC in a powered-lift with either a test pilot 

or an instructor pilot onboard. 

See § 194.217(b)(3). 

The alternate provision for test pilots, FAA 

test pilot or ASI also applies to instructor pilots. 

See § 194.219(b)(3). 

(1) One cross-country flight of not less than 300 

nautical miles total distance with landings at 

a minimum of three points, one of which is a 

straight-line distance of at least 250 nautical 

miles from the original departure point. However, if this requirement is being met in Hawaii the longest segment need only have a 

straight-line distance of at least 150 nautical 

miles; and 

Test pilot, FAA test pilot, or ASI may complete two cross-country flights with landings 

at a minimum of three points, with one segment consisting of a straight-line distance of 

at least 50 nautical miles from the original 

point of departure. The second cross-country flight must include landings at different 

points than the first cross country flight. 

See § 194.233(b). 

Instructor pilot may complete the same alternate cross-country flights as test pilot, FAA 

test pilot, or ASI. 

See § 194.233(b). 


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TABLE 3—ALTERNATE PROVISIONS FOR A COMMERCIAL PILOT CERTIFICATE WITH A POWERED-LIFT CATEGORY RATING: 

TEST PILOTS AND INSTRUCTOR PILOTS—Continued 

Current flight time requirements 

(§ 61.129(e)) 

Alternate provisions for test pilots, FAA test 

pilots, and FAA ASIs * Alternate provisions for instructor pilots * 

(2) 5 hours in night VFR conditions with 10 

takeoffs and 10 landings (with each landing 

involving a flight in the traffic pattern) at an 

airport with an operating control tower. 

No alternative. No alternative. 

* To use the alternate provisions below, the flights must be conducted in an experimental powered-lift at the manufacturer and the test pilots, 

ASIs and instructor pilots must be authorized by the Administrator to act as PIC of the experimental powered-lift. See proposed §§ 194.217(a) 

and 194.219(a). 

TABLE 4—ALTERNATE PROVISIONS FOR A COMMERCIAL PILOT CERTIFICATE WITH A POWERED-LIFT CATEGORY RATING: 

INITIAL CADRE OF CHECK PILOTS, CHIEF INSTRUCTORS, ASSISTANT CHIEF INSTRUCTORS, AND TRAINING CENTER

EVALUATORS

Current flight time requirements 

(§ 61.129(e)) 

Alternate provisions for initial cadre of check pilots, chief instructors, 

assistant chief instructors, and TCEs * 

(herein referred to as applicants) 

Powered-Aircraft Time 

100 hours in powered-aircraft, of which 50 hours must be in a poweredlift No alternative. 

PIC Flight Time 

100 hours of PIC flight time, which includes at least— 

(1) 50 hours in a powered-lift, and 

(2) 50 hours in cross-country flight of which 10 must be in powered-lift 

100 hours of PIC flight time, which includes at least— 

(1) 35 hours in a powered-lift, 15 of which may be in a Level C or 

higher FFS; and 

(2) 50 hours in cross-country flight of which 10 must be in powered-lift. 

An applicant who is not rated in the powered-lift may log up to 25 

hours of PIC flight time in a powered-lift for flights that are conducted in accordance with a manufacturer’s training curriculum if the 

applicant is (1) the sole manipulator of the controls, (2) manipulating 

the controls of the powered-lift with an instructor pilot onboard, and 

(3) performing the duties of PIC. 

See §§ 194.216 and 194.221(c). 

Training on the Areas of Operation listed in § 61.127(b)(5) 

20 hours of training on the areas of operation listed in § 61.127(b)(5) 

that includes at least— 

An applicant may receive this training from an instructor pilot (rather 

than an authorized instructor) if (1) training is conducted in accordance with the manufacturer’s training curriculum, and (2) applicant 

receives endorsement from instructor pilot certifying satisfactory 

completion of the curriculum. 

See § 194.221(b)(1). 

(1) 10 hours of instrument training using a view-limiting device including 

attitude instrument flying, partial panel skills, recovery from unusual 

flight attitudes, and intercepting and tracking navigational systems. 5 

hours of the 10 hours required on instrument training must be in a 

powered-lift. 

An applicant may receive this instrument training from instructor pilot in 

a type certificated powered-lift in accordance with the manufacturer’s 

training curriculum. 

See § 194.221(b)(1). 

(2) The following cross-country flights— 

One 2-hour cross country flight in a powered-lift in daytime conditions 

that consists of a total straight-line distance of more than 100 nautical miles from the original point of departure; and 

One 2-hour cross country flight in a powered-lift in nighttime conditions 

that consists of a total straight-line distance of more than 100 nautical miles from the original point of departure; and 

An applicant may complete all of the following cross-country flights— 

One 2-hour cross country flight in a powered-lift in daytime conditions 

that consists of a total straight-line distance of more than 50 nautical 

miles from the original point of departure; 

One 2-hour cross country flight in a powered-lift in nighttime conditions 

that consists of a total straight-line distance of more than 50 nautical 

miles from the original point of departure; and 

An additional cross-country flight with landings at a minimum of three 

points, with one segment consisting of a straight-line distance of at 

least 50 nautical miles from the original point of departure. The additional cross-country flight must include landings at different points 

than the first two cross-country flights. 

See § 194.233(a). 

(3) 3 hours in a powered-lift with an authorized instructor in preparation 

for the practical test within the preceding 2 calendar months from the 

month of the test. 

An applicant may accomplish the practical test preparation from an instructor pilot (rather than an authorized instructor). 

See § 194.221(b)(2). 


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TABLE 4—ALTERNATE PROVISIONS FOR A COMMERCIAL PILOT CERTIFICATE WITH A POWERED-LIFT CATEGORY RATING: 

INITIAL CADRE OF CHECK PILOTS, CHIEF INSTRUCTORS, ASSISTANT CHIEF INSTRUCTORS, AND TRAINING CENTER

EVALUATORS—Continued 

Current flight time requirements 

(§ 61.129(e)) 

Alternate provisions for initial cadre of check pilots, chief instructors, 

assistant chief instructors, and TCEs * 

(herein referred to as applicants) 

Solo Flight Time or Flight Time Performing the Duties of PIC 

Ten hours of solo flight time in a powered-lift or 10 hours of flight time 

performing the duties of PIC in a powered-lift with an authorized instructor on board (either of which may be credited toward the flight 

time requirement under § 61.129(e)(2), on the areas of operation listed in § 61.127(b)(5)) that includes— 

An applicant may complete 10 hours of solo flight time under an endorsement from an instructor pilot or 10 hours of flight time performing the duties of PIC in a powered-lift with an instructor pilot onboard (rather than an authorized instructor). 

See § 194.221(b)(3). 

(1) One cross-country flight of not less than 300 nautical miles total distance with landings at a minimum of three points, one of which is a 

straight-line distance of at least 250 nautical miles from the original 

departure point. However, if this requirement is being met in Hawaii 

the longest segment need only have a straight-line distance of at 

least 150 nautical miles; and 

An applicant may complete two cross-country flights with landings at a 

minimum of three points, with one segment consisting of a straightline distance of at least 50 nautical miles from the original point of 

departure. The second cross-country flight must include landings at 

different points than the first cross country flight. 

See § 194.233(b). 

(2) 5 hours in night VFR conditions with 10 takeoffs and 10 landings 

(with each landing involving a flight in the traffic pattern) at an airport 

with an operating control tower. 

No alternative. 

* To use the alternate provisions below, the flights must be conducted in a type-certificated powered-lift at the manufacturer and the applicant 

must be authorized by the Administrator to serve as an initial check pilot, chief instructor, assistant chief instructor, or training center evaluator for 

the purpose of initiating training in a powered-lift under an approved training program under part 135, 141, or 142, as appropriate. See 

§ 194.221(a). 

TABLE 5—ALTERNATE PROVISIONS FOR A COMMERCIAL PILOT CERTIFICATE WITH A POWERED-LIFT CATEGORY RATING: 

PERSONS RECEIVING TRAINING UNDER A PART 135, 141, OR 142 APPROVED TRAINING PROGRAM

Current flight time requirements (§ 61.129(e)) 

Alternate provisions for persons receiving training under a Part 135, 

141, or 142 approved training program * 

(herein referred to as applicants) 

Powered-Aircraft Time 

100 hours in powered-aircraft, of which 50 hours must be in a poweredlift No alternative. 

PIC Flight Time 

100 hours of PIC flight time, which includes at least— 

(1) 50 hours in a powered-lift, and 

(2) 50 hours in cross-country flight of which 10 must be in powered-lift 

100 hours of PIC flight time, which includes at least— 

(1) 35 hours in a powered-lift, 15 of which may be in a Level C or 

higher FFS, and 

(2) 50 hours in cross-country flight of which 10 must be in powered-lift. 

An applicant who is not rated in the powered-lift may log up to 25 

hours of PIC flight time in a powered-lift for flights that are conducted in accordance with an approved training program under part 

135, 141, or 142 if the applicant is (1) the sole manipulator of the 

controls, (2) manipulating the controls of the powered-lift with an authorized instructor onboard, and (3) performing the duties of PIC. 

See §§ 194.216 and 194.223(c). 

Training on the Areas of Operation listed in § 61.127(b)(5) 

20 hours of training on the areas of operation listed in § 61.127(b)(5) 

that includes at least— 

No alternative. 

(1) 10 hours of instrument training using a view-limiting device including 

attitude instrument flying, partial panel skills, recovery from unusual 

flight attitudes, and intercepting and tracking navigational systems. 5 

hours of the 10 hours required on instrument training must be in a 

powered-lift. 

No alternative. 


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92370 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 

TABLE 5—ALTERNATE PROVISIONS FOR A COMMERCIAL PILOT CERTIFICATE WITH A POWERED-LIFT CATEGORY RATING: 

PERSONS RECEIVING TRAINING UNDER A PART 135, 141, OR 142 APPROVED TRAINING PROGRAM—Continued 

Current flight time requirements (§ 61.129(e)) 

Alternate provisions for persons receiving training under a Part 135, 

141, or 142 approved training program * 

(herein referred to as applicants) 

(2) The following cross-country flights— 

• One 2-hour cross country flight in a powered-lift in daytime conditions 

that consists of a total straight-line distance of more than 100 nautical miles from the original point of departure; and 

• One 2-hour cross country flight in a powered-lift in nighttime conditions that consists of a total straight-line distance of more than 100 

nautical miles from the original point of departure; and 

An applicant may complete all of the following cross-country flights— 

• One 2-hour cross country flight in a powered-lift in daytime conditions that consists of a total straight-line distance of more than 50 

nautical miles from the original point of departure; 

• One 2-hour cross country flight in a powered-lift in nighttime conditions that consists of a total straight-line distance of more than 50 

nautical miles from the original point of departure; and 

• An additional cross-country flight with landings at a minimum of 

three points, with one segment consisting of a straight-line distance 

of at least 50 nautical miles from the original point of departure. The 

additional cross-country flight must include landings at different 

points than the first two cross-country flights. 

See § 194.233(a). 

(3) 3 hours in a powered-lift with an authorized instructor in preparation 

for the practical test within the preceding 2 calendar months from the 

month of the test. 

No alternative. 

Solo Flight Time or Flight Time Performing the Duties of PIC 

Ten hours of solo flight time in a powered-lift or 10 hours of flight time 

performing the duties of PIC in a powered-lift with an authorized instructor on board (either of which may be credited toward the flight 

time requirement under § 61.129(e)(2), on the areas of operation listed in § 61.127(b)(5)) that includes— 

No alternative. 

(1) One cross-country flight of not less than 300 nautical miles total distance with landings at a minimum of three points, one of which is a 

straight-line distance of at least 250 nautical miles from the original 

departure point. However, if this requirement is being met in Hawaii 

the longest segment need only have a straight-line distance of at 

least 150 nautical miles; and 

An applicant may complete two cross-country flights with landings at a 

minimum of three points, with one segment consisting of a straightline distance of at least 50 nautical miles from the original point of 

departure. The second cross-country flight must include landings at 

different points than the first cross country flight. 

See § 194.233(b). 

(2) 5 hours in night VFR conditions with 10 takeoffs and 10 landings 

(with each landing involving a flight in the traffic pattern) at an airport 

with an operating control tower. 

No alternative. 

* To use the alternate provisions below, the applicant must receive training at an approved training program under part 135, 141, or 142 for the 

purpose of obtaining a powered-lift category rating. 

ii. Summary Tables for Obtaining an 

Instrument-Powered-Lift Rating 

As noted, this rule finalizes 

requirements to facilitate airmen 

certification for an instrument-poweredlift rating involves several alternate 

experience and logging requirements. 

To facilitate readability of the alternate 

requirements that will apply to persons 

seeking powered-lift ratings, the FAA 

has compartmentalized the rule 

language into individual sections 

depending on the powered-lift ratings 

sought. Tables 6, 7, and 8 summarize 

the alternate provisions for an 

instrument-powered-lift rating. 

TABLE 6—ALTERNATE PROVISIONS FOR AN INSTRUMENT-POWERED-LIFT RATING: TEST PILOTS AND INSTRUCTOR PILOTS

Current flight time requirements (§ 61.65(f)) Alternate provisions for test pilots, 

AA test pilots, and FAA ASIs * Alternate provisions for instructor pilots * 

Cross-Country Time as PIC 

50 hours of cross-country time as PIC, of which 

10 hours must have been in a powered-lift. 

A test pilot, FAA test pilot or ASI who is not 

rated in the powered-lift may log PIC flight 

time in the experimental powered-lift toward 

the 10-hour cross-country time requirement 

if (1) the test pilot is the sole manipulator of 

the controls, (2) the test pilot acting as PIC 

of the powered-lift, and (3) the flight is conducted for the purpose of R&D or showing 

compliance. 

See § 194.225(c). 

An instructor pilot who is not rated in the powered-lift may log PIC flight time in the experimental powered-lift toward the 10-hour 

cross-country time requirement if (1) acting 

as PIC of the powered-lift, and (2) the flight 

is conducted for the purpose of crew training. 

See § 194.227(c). 


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TABLE 6—ALTERNATE PROVISIONS FOR AN INSTRUMENT-POWERED-LIFT RATING: TEST PILOTS AND INSTRUCTOR PILOTS— 

Continued 

Current flight time requirements (§ 61.65(f)) Alternate provisions for test pilots, 

AA test pilots, and FAA ASIs * Alternate provisions for instructor pilots * 

Instrument Time on the Areas of Operation Listed in § 61.65(c) 

40 hours of actual or simulated instrument time 

in the areas of operation listed in § 61.65(c), 

of which 15 hours must have been received 

from an authorized instructor who holds an 

instrument-powered-lift rating, and the instrument time includes: 

A test pilot, FAA test pilot or ASI may receive 

15 hours of instrument training on the areas 

of operation listed in § 61.65(c) from an instructor pilot (rather than an authorized instructor) if (1) the training is conducted in 

accordance with the manufacturer’s proposed training curriculum, and (2) the test 

pilot, FAA test pilot or ASI receives endorsement from instructor pilot certifying 

satisfactory completion of the curriculum. 

See § 194.225(b)(1). 

In lieu of receiving the 15 hours of instrument 

training on the areas of operation listed in 

§ 61.65(c), an instructor pilot may provide 

this instrument training to the test pilot, FAA 

test pilot or ASI in accordance with the 

manufacturer’s proposed training curriculum. Instructor pilot must receive endorsement from management official certifying that instructor pilot provided the training. 

See § 194.227(b)(1). 

(1) 3 hours of instrument flight training from an 

authorized instructor in a powered-lift that is 

appropriate to the instrument-powered-lift rating within 2 calendar months before the date 

of the practical test; and 

Test pilot, FAA test pilot, or ASI may accomplish the practical test preparation with an 

instructor pilot (rather than an authorized instructor). 

See § 194.225(b)(2). 

Instructor pilot may accomplish the practical 

test preparation with another instructor pilot 

(rather than an authorized instructor). 

See § 194.227(b)(2). 

(2) Instrument flight training on cross-country 

flight procedures, including one cross-country 

flight in a powered-lift with an authorized instructor that is performed under IFR, when a 

flight plan has been filed with an ATC control 

facility, that involves— 

• A flight of 250 nautical miles along airways or 

by directed routing from an ATC facility; 

• An instrument approach at each airport; and 

• Three different kinds of approaches with the 

use of navigation systems. 

• Test pilot, FAA test pilot, or ASI may complete the cross-country flight with an instructor pilot (rather than an authorized instructor). 

• Instead of completing one cross-country 

flight of 250 nautical miles, a test pilot, FAA 

test pilot, or ASI may complete two crosscountry flights, each of which must involve 

a flight of 100 nautical miles along airways 

or by directed routing from an ATC facility.1

See §§ 194.225(b)(4) and 194.235(a). 

• Instructor pilot may complete the crosscountry flight with another instructor pilot 

(rather than an authorized instructor). 

• Instructor pilot may complete the same alternate cross-country flights as test pilot. 

See §§ 194.227(b)(4) and 194.235(a). 

* To use the alternate provisions below, the flights must be conducted in an experimental powered-lift at the manufacturer and the test pilots, 

ASIs and instructor pilots must be authorized by the Administrator to act as PIC of the experimental powered-lift. See §§ 194.225(a) and 

194.227(a). 1The other requirements in § 61.65(f)(2)(ii) would continue to apply for persons not utilizing the relief under proposed § 194.235(b). Thus, each 

cross-country flight with the reduced 100-nautical mile distance must be performed under IFR when a flight plan has been filed with an ATC facility and must involve (1) an instrument approach at each airport and (2) three different kinds of approaches with the use of navigation systems. 

TABLE 7—ALTERNATE PROVISIONS FOR AN INSTRUMENT-POWERED-LIFT RATING: INITIAL CADRE OF CHECK PILOTS, CHIEF

INSTRUCTORS, ASSISTANT CHIEF INSTRUCTORS, AND TRAINING CENTER EVALUATORS

Current flight time requirements (§ 61.65(f)) 

Alternate provisions for initial cadre of check pilots, chief instructors, 

assistant chief instructors, and TCEs * 

(herein referred to as applicants) 

Cross-Country Time as PIC 

50 hours of cross-country time as PIC, of which 10 hours must have 

been in a powered-lift. 

An applicant who is not rated in the powered-lift may log PIC flight 

time in the powered-lift toward the 10-hour cross-country time requirement for flights that are conducted in accordance with a manufacturer’s training curriculum if the applicant is (1) the sole manipulator of the controls, (2) manipulating the controls of the powered-lift 

with an instructor pilot onboard, and (3) performing the duties of PIC. 

See § 194.229(c). 

Instrument Time on the Areas of Operation listed in § 61.65(c) 

40 hours of actual or simulated instrument time in the areas of operation listed in § 61.65(c), of which 15 hours must have been received 

from an authorized instructor who holds an instrument-powered-lift 

rating, and the instrument time includes: 

An applicant may receive 15 hours of instrument training on the areas 

of operation listed in § 61.65(c) from an instructor pilot (rather than 

an authorized instructor) if the training is conducted in accordance 

with the manufacturer’s training curriculum, and the applicant receives endorsement from instructor pilot certifying satisfactory completion of the curriculum. 

See § 194.229(b)(1). 

(1) 3 hours of instrument flight training from an authorized instructor in 

a powered-lift that is appropriate to the instrument-powered-lift rating 

within 2 calendar months before the date of the practical test; and 

An applicant may accomplish the practical test preparation from an instructor pilot (rather than an authorized instructor). 

See § 194.229(b)(2). 


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269For example, §§ 61.31(d)(2), 61.51(h). 

TABLE 7—ALTERNATE PROVISIONS FOR AN INSTRUMENT-POWERED-LIFT RATING: INITIAL CADRE OF CHECK PILOTS, CHIEF

INSTRUCTORS, ASSISTANT CHIEF INSTRUCTORS, AND TRAINING CENTER EVALUATORS—Continued 

Current flight time requirements (§ 61.65(f)) 

Alternate provisions for initial cadre of check pilots, chief instructors, 

assistant chief instructors, and TCEs * 

(herein referred to as applicants) 

(2) Instrument flight training on cross-country flight procedures, including one cross-country flight in a powered-lift with an authorized instructor that is performed under IFR, when a flight plan has been 

filed with an ATC control facility, that involves— 

• A flight of 250 nautical miles along airways or by directed routing 

from an ATC facility; 

• An instrument approach at each airport; and 

• Three different kinds of approaches with the use of navigation systems. 

• Applicant may complete the cross-country flight with an instructor 

pilot (rather than an authorized instructor). 

• Instead of completing one cross-country flight of 250 nautical miles, 

an applicant may complete two cross-country flights, each of which 

must involve a flight of 100 nautical miles along airways or by directed routing from an ATC facility.1

See §§ 194.229(b)(4) and 194.235(a). 

* To use the alternate provisions below, the flights must be conducted in a type-certificated powered-lift at the manufacturer and the applicant 

must be authorized by the Administrator to serve as an initial check pilot, chief instructor, assistant chief instructor, or training center evaluator for 

the purpose of initiating training in a powered-lift under an approved training program under part 135, 141, or 142, as appropriate. See 

§ 194.229(a). 1The other requirements in § 61.65(f)(2)(ii) would continue to apply for persons not utilizing the relief under proposed § 194.235(b). Thus, each 

cross-country flight with the reduced 100-nautical mile distance must be performed under IFR when a flight plan has been filed with an ATC facility and must involve (1) an instrument approach at each airport and (2) three different kinds of approaches with the use of navigation systems. 

TABLE 8—ALTERNATE PROVISIONS FOR AN INSTRUMENT-POWERED-LIFT RATING: PERSONS RECEIVING TRAINING UNDER A

PART 135, 141, OR 142 APPROVED TRAINING PROGRAM

Current flight time requirements (§ 61.65(f)) 

Alternate provisions for persons receiving training under a Part 135, 

141, or 142 approved training program * 

(herein referred to as applicants) 

Cross-Country Time as PIC 

50 hours of cross-country time as PIC, of which 10 hours must have 

been in a powered-lift. 

An applicant may credit up to 4 hours obtained in a Level C or higher 

FFS toward the requirement to obtain 10 hours of cross-country time 

as PIC in a powered-lift if (1) the FFS represents the powered-lift 

category, (2) the applicant was performing the duties of PIC, (3) the 

flight simulates a cross-country flight and includes the performance 

of instrument procedures under simulated instrument conditions and 

(3) the flights are conducted in accordance with an approved training 

program under part 135, 141 or 142. 

See § 194.231(c). 

Instrument Time on the Areas of Operation listed in § 61.65(c) 

40 hours of actual or simulated instrument time in the areas of operation listed in § 61.65(c), of which 15 hours must have been received 

from an authorized instructor who holds an instrument-powered-lift 

rating, and the instrument time includes: at least— 

No alternative. 

(1) 3 hours of instrument flight training from an authorized instructor in 

a powered-lift that is appropriate to the instrument-powered-lift rating 

within 2 calendar months before the date of the practical test; and 

No alternative. 

(2) Instrument flight training on cross-country flight procedures, including one cross-country flight in a powered-lift with an authorized instructor that is performed under IFR, when a flight plan has been 

filed with an ATC control facility, that involves— 

• A flight of 250 nautical miles along airways or by directed routing 

from an ATC facility; 

• An instrument approach at each airport; and 

• Three different kinds of approaches with the use of navigation systems. 

Instead of completing one cross-country flight of 250 nautical miles, an 

applicant may complete two cross-country flights, each of which 

must involve a flight of 100 nautical miles along airways or by directed routing from an ATC facility.1

See §§ 194.231(b) and 194.235(a). 

* To use the alternate provisions below, the applicant must receive training at an approved training program under part 135, 141, or 142 for the 

purpose of obtaining a powered-lift category rating. 1The other requirements in § 61.65(f)(2)(ii) would continue to apply for persons not utilizing the relief under proposed § 194.235(b). Thus, each 

cross-country flight with the reduced 100-nautical mile distance must be performed under IFR when a flight plan has been filed with an ATC facility and must involve (1) an instrument approach at each airport and (2) three different kinds of approaches with the use of navigation systems. 

7. Alternate Endorsement Requirements 

for Certain Persons Seeking PoweredLift Ratings 

Under the traditional airman 

certification framework in part 61, an 

applicant for a certificate or rating must 

receive certain endorsements from an 

authorized instructor.269 The FAA 

identified the same barriers to 

endorsements as previously discussed 

in sections V.F.2. and V.F.3. of this 

preamble insofar as part 61 defines 

‘‘authorized instructor,’’ in pertinent 

part, as a person who holds a flight 

instructor certificate issued under part 

61. Additionally, § 61.195(b) restricts a 


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270See § 61.195(i). 

271The FAA notes that Eve provided a comment 

related to endorsements in the context of ICAO 

Annex 2.1.1.4. Specifically, Eve stated that the FAA 

should remove § 194.213 because 2.1.1.4 and 

removal of the category rating would no longer 

necessitate alternate flight instructor endorsements. 

Because the FAA is not implementing 2.1.1.4, as 

discussed at length in section V.F.3.i. of this 

preamble, this recommendation is rendered 

inapplicable. 

272Under proposed § 194.213(a)(2), certain 

management officials within the manufacturer’s 

organization may provide an endorsement to an 

instructor pilot who provided the manufacturer’s 

training curriculum to a test pilot 

(§§ 194.219(b)(1)(ii) and 194.227(b)(1)(ii)). The final 

rule adopts this provision as proposed. 

273 88 FR 38946 at 38990 (June 14, 2023). 

274The FAA notes that this concept of crediting 

training in the operator’s approved training program 

toward training and endorsements requirement to 

certain part 61 requirements is not wholly 

precedent-setting. See §§ 61.157(c), 61.157(f), and 

61.63(d)(6)(ii). 

275Section V.F. of this preamble addresses 

GAMA’s additional comments pertaining to a 

competency and training-oriented curriculum, 

rather than an hours-based approach. 

276Part 135 training and checking typically 

includes policies and procedures specific to the 

part 135 operator and operation: for example, crew 

resource management, flight planning procedures, 

authorized approach procedures, and operations in 

weather conditions. 

flight instructor from conducting 

training in an aircraft unless the flight 

instructor holds the appropriate ratings 

on their flight instructor certificate. 

Instructor pilots at the manufacturer 

will provide training to test pilots, FAA 

test pilots, FAA ASIs, and the initial 

cadre of instructors, but may not meet 

the definition of ‘‘authorized instructor’’ 

under part 61. Additionally, the SFAR 

will permit instructor pilots to credit 

training they provide, which would 

create a barrier in receiving an 

endorsement, as the FAA maintains the 

concept of a general prohibition on selfendorsement.270 Therefore, the FAA 

proposed an alternate endorsement 

pathway in § 194.213. The FAA did not 

receive any comments specifically 

pertaining to the alternate endorsement 

requirements proposed in § 194.213 and 

adopts the section with two minor 

revisions, subsequently discussed.271

The NPRM proposed § 194.213(a)(1) 

to permit instructor pilots to provide the 

required logbook or training record 

endorsements contained in part 61 for a 

commercial pilot certificate with a 

powered-lift category rating, an 

instrument-powered-lift rating, a 

powered-lift type rating, or a flight 

instructor certificate with powered-lift 

ratings to applicants who are (1) test 

pilots for the manufacturer of an 

experimental powered-lift, or (2) 

persons authorized by the Administrator 

to serve as an initial check pilot, chief 

instructor, assistant chief instructor, or 

training center evaluator (TCE) for the 

purpose of initiating training in a 

powered-lift under an approved training 

program under part 135, 141, or 142.272

Because this final rule extends the 

alternate pathway afforded to test pilots 

to FAA test pilots and ASIs (i.e., 

§§ 194.217 and 194.225), new 

§ 194.213(a)(1)(iii) adds FAA test pilots 

and aviation safety inspectors into the 

population of pilots for which an 

instructor pilot may provide an 

endorsement (i.e., aligning with test 

pilots). Additionally, the FAA notes that 

§ 194.219(b)(3) permits an instructor 

pilot to satisfy the aeronautical 

experience requirement in § 61.129(e)(4) 

by logging at least 10 hours of solo flight 

time under an endorsement from 

another instructor pilot. Similarly, 

§ 194.227(b)(3) permits an instructor 

pilot to accomplish the cross-country 

flight specified in § 61.65(f)(2)(ii) for an 

instrument-powered-lift rating without 

an authorized instructor, provided, in 

pertinent part, the instructor pilot 

obtains a logbook or training record 

endorsement from the instructor pilot 

certifying that the person completed the 

cross-country flight. Because these 

regulations permit an instructor pilot to 

provide an endorsement to another 

instructor pilot, but the instructor pilot 

will not be a part 61 authorized 

instructor, this final rule adds instructor 

pilots to the alternate endorsement 

requirements in § 194.213(a)(1)(i). 

G. Training in an Approved Program 

Under Parts 135, 141, and 142 

As discussed in section V.F.7. of this 

preamble, the FAA is adopting alternate 

requirements for a person to obtain a 

commercial pilot certificate with a 

powered-lift category rating and an 

instrument-powered-lift rating. Because 

the alternate eligibility framework 

provides relief to applicants under the 

SFAR, the FAA found it appropriate to 

limit the circumstances under which an 

applicant could use the relief. As 

discussed in the NPRM,273 the FAA 

found that part 135 operators, part 141 

pilot schools, and part 142 training 

centers would best facilitate a training 

program aligned with the alternate 

framework set forth in the SFAR. 

Specifically, part 141 pilot schools and 

part 142 training centers are already 

structured to provide alternate methods 

to obtain training and testing for part 61 

certification, including established 

mechanisms and oversight for 

curriculum, facilities, and personnel. 

Conversely, no regulatory framework 

generally exists for part 135 operators to 

conduct training and testing for initial 

ratings under part 61 because part 135 

training and checking is primarily 

structured to qualify pilots to serve in a 

particular aircraft within the part 135 

operational environment. However, the 

FAA found it appropriate to facilitate an 

option of training, testing, and checking 

for a powered-lift rating for part 135 

operators for the limited purpose of the 

SFAR, as proposed in the NPRM and 

subsequently discussed herein.274

Therefore, the NPRM proposed that, to 

be eligible for some of the alternate 

requirements, a pilot must satisfactorily 

complete the applicable curricula for 

those ratings in an approved training 

program under part 135, 141, or 142. As 

proposed, after completion of the 

approved curricula, a person would be 

required to satisfactorily complete the 

applicable practical test to obtain the 

powered-lift rating. 

The proposal to facilitate the alternate 

requirements via a training program 

under parts 141 and 142 and expand 

training program privileges to part 135 

operators received general support. 

Specifically, AWPC agreed with the 

FAA’s approach that the SFAR training 

must be conducted as an approved 

course under part 135, 141, or 142, 

citing the clearly defined prerequisites 

to entry and the highly standardized 

and regulated course of instruction that 

would be offered. GAMA echoed this 

support, stating that relief provided in 

the SFAR necessitates training in 

approved courses under part 135, 141, 

or 142 to ensure standardized 

instruction with defined 

prerequisites.275 A4A also expressed 

general support and further 

recommended that the training curricula 

across all parts be required to comply 

with standardized curricula design, 

learning objectives, performance tasks, 

and evaluation criteria as determined by 

the FAA for the training and 

qualification of powered-lift pilots and 

flight instructors. 

The following sections summarize the 

facilitation of the alternate requirements 

in each part and discuss comments 

received. 

1. Part 135 

As previously discussed, part 135 

training and checking 276 is traditionally 

intended to qualify a pilot to serve in a 

particular aircraft in a specific part 135 

operation, whereby the pilot would 

already hold the certificates and ratings 

for such operations when they are hired. 

The following sections V.G.1.i. through 

v. of this preamble discuss the FAA’s 

proposal to modify this traditional 

framework as it pertains to training 

curricula, curriculum content, pilot 

eligibility, instructor qualifications, and 


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277As discussed in the NPRM, some part 135 

operators will likely conduct only VFR operations. 

However, the FAA proposed that powered-lift pilots 

conducting VFR operations must nevertheless hold 

an instrument-powered-lift rating similar to the 

instrument-airplane rating that is required for pilots 

conducting part 135 VFR airplane operations. For 

reasons discussed in section V.J.5. of this preamble, 

powered-lift pilots will be required to hold an 

instrument rating even when operating under VFR. 

To facilitate pilots receiving an instrument rating, 

the FAA will allow part 135 operators to provide 

training for instrument ratings under an approved 

airman certification curriculum. 

278The FAA notes that guidance will be updated 

specifically in FAA Order 8900.1 Volume 3, 

Chapter 19 (Flightcrew Member Training and 

Qualification Programs) and Chapter 20 (Check 

Airman, Instructor, and Supervisor Programs for 

Part 121 and 135 Certificate Holders) to inform 

FAA ASIs on the approval and surveillance 

structure of part 135 powered-lift training programs. 

This guidance will be integrated into FAA Order 

8900.1 upon final rule publication and 

implementation. 

279 § 61.71(a). 

280Specifically, under § 61.1(a), part 61 prescribes 

the requirements for issuing pilot, flight instructor, 

and ground instructor certificates, ratings, and 

authorizations; the conditions under which those 

certificates, ratings, and authorizations are 

necessary; the privileges and limitations of those 

certificates, ratings, and authorizations; and the 

requirements for issuing such certificates and 

ratings for persons who have taken courses 

approved by the Administrator under other parts of 

chapter I of title 14 of the Code of Federal 

Regulations. The FAA proposed to revise § 61.1(a) 

to account for part 194 requirements, similar to the 

allowance for current part 107, which would 

sufficiently integrate the part 135 training program 

in tandem with new § 194.243. 

281As discussed in the NPRM, operators seeking 

to provide type ratings to powered-lift pilots who 

already hold powered-lift category ratings and 

instrument-powered-lift ratings would follow 

existing regulations in the same manner as 

operators using airplanes and rotorcraft can provide 

training and testing that result in the pilot receiving 

a type rating. 

checking and testing to implement a 

training regime for powered-lift ratings 

for part 135 operators. 

i. Airman Certification Training 

Curricula 

To facilitate part 135 operators in 

establishing and implementing a 

training curriculum under which pilots 

can obtain the powered-lift ratings 

required for part 135 operations, the 

FAA proposed a temporary provision in 

§ 194.243(a)(1). Under the proposed 

§ 194.243(a)(1), a part 135 certificate 

holder would be able to implement a 

training curriculum to satisfy: (1) 

ground training, flight training, and 

aeronautical experience requirements in 

§ 61.65 for an instrument rating; 277 (2) 

ground training, flight training, and 

aeronautical experience requirements in 

§ 61.63(b) for the addition of an aircraft 

category rating to a commercial pilot 

certificate; and (3) ground and flight 

training requirements in § 61.63(d) to 

add a type rating to a commercial pilot 

certificate. These sections would permit 

a part 135 operator to provide the 

necessary experience and training for 

their initial pilots to receive part 61 

certificates, as well as qualify their 

pilots for part 135 operations. 

As noted in the NPRM, a part 135 

operator is not required to offer this part 

61 training. Rather, this provision is 

intended to provide flexibility for part 

135 operators to develop a sufficient 

number of qualified pilots for its 

operations. The FAA envisions that the 

pilots would complete the certification 

training before transitioning to the 

operator’s part 135 training; however, 

the FAA would approve one curriculum 

if it meets all of the part 61 aeronautical 

experience requirements and the part 

135 training requirements. A part 135 

operator who wants to provide this type 

of training to its pilots would submit 

their curricula to the responsible Flight 

Standards Office for approval in 

accordance with § 135.325.278

Commenters generally supported the 

FAA’s proposal to permit a part 135 

certificate holder to provide training for 

powered-lift category and type ratings 

on a commercial certificate and an 

instrument-powered-lift rating through 

their approved curriculums. AWPC 

stated they agree with the FAA’s 

approach to requiring this training 

through approved programs under parts 

135, 141, and 142 because these courses 

apply defined prerequisites and deliver 

a highly standardized and regulated 

course of instruction. CAE also 

generally supported the FAA’s proposal 

stating it would ensure standardized 

and regulated instruction with defined 

prerequisites. L3 Harris and Archer 

further echoed this support. 

Additionally, AWPC, CAE, GAMA, 

Archer, and L3Harris recommended that 

the FAA should add language to § 61.71 

to include part 135 as an approved 

training program for powered-lift to 

clarify that graduates of a part 135 

approved certification program have 

met the requirements of part 61. 

Section 61.71 sets forth special rules 

for graduates of an approved training 

program outside of part 61. Specifically, 

§ 61.71 acknowledges approved training 

programs under parts 141 and 142 as 

meeting the applicable aeronautical 

experience, aeronautical knowledge, 

and area of operation requirements 

under certain circumstances.279 Section 

61.71(b) further acknowledges part 121 

air carrier approved training curriculum 

and proficiency checks in certain 

circumstances as meeting the applicable 

requirements for an ATP certificate 

under § 61.157. The FAA determined it 

is unnecessary to revise § 61.71 to 

include part 135 training programs 

because part 194 contains the necessary 

language that enables part 135 operators 

to conduct part 61 training. As part 194 

contains temporary allowances, it 

would not be appropriate to make a 

permanent amendment to § 61.71 

because the SFAR explicitly allows 

conduct notwithstanding provisions in 

part 61. Section 194.243 and the 

amendment to § 61.1(a) 280 would 

sufficiently integrate part 135 training in 

lieu of certain part 61 requirements. 

ii. Curriculum Content 

Under proposed § 194.243(a)(1), an 

operator would be able to seek approval 

to offer training in conjunction with its 

part 135 operator training to qualify its 

pilots for part 135 operations. As 

proposed, the curriculum content from 

a part 135 operator seeking to provide 

this training would involve 

foundational ground and flight training 

that may be nontraditional or 

inapplicable to part 135 operations (i.e., 

aeronautical experience such as solo 

flight time, cross-country flight time, or 

certain maneuvers in the ACS). As 

explained in the NPRM, the airman 

certification curriculum would be 

required to satisfy the aeronautical 

experience requirements, including (1) 

the 20 hours of training, in § 61.129(e) 

(as required by § 61.63(b)) or the 

applicable alternate requirements set 

forth by proposed part 194, (2) the 

requirements for an instrument rating in 

§ 61.65(f) or the applicable alternate 

requirements set forth by proposed part 

194, and (3) the requirements for adding 

a type rating in § 61.63(d).281

Further, under § 135.324, a certificate 

holder may contract with or otherwise 

arrange to use the services of a part 142 

training center to conduct training, 

testing, and checking, subject to certain 

training center requirements. This 

existing provision would be equally 

applicable to a part 135 operator’s 

approved certification curricula under 

the SFAR (i.e., a part 142 training center 

could deliver the part 135 operator’s 

approved certification curriculum). 

Likewise, the operator could send its 

pilots to a part 141 pilot school or part 

142 training center to obtain the 

necessary powered-lift ratings before 

returning to the part 135 operator to 

complete the required part 135 training 

and checking. 

The FAA received comments from 

NATA and A4A (discussed below) 

encouraging use of the standardized 

curriculum approach to the certification 

curriculum in § 194.243(a), but 

otherwise the FAA received no 

substantive comments pertaining to the 

content of the proposed curriculum. 


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282www.faa.gov/pilots/training/standardized_

curriculum. 

283The certificate holder would still be required 

to develop some training curricula on their own, 

such as an indoctrination or special operations 

curriculum. 

284See AC 142–1 Standardized Curricula 

Delivered by Part 142 Training Centers. 

285The TSWG model is based on leveraging 

industry expertise to make recommendations to the 

FAA on part 135 curriculum content. Without any 

powered-lift currently operating, it will take time 

for the requisite expertise to develop in industry to 

properly inform the TSWG process. 

286These requirements include that the instructor 

be PIC qualified for the aircraft and operation (e.g., 

holding the airman certificates and ratings, 

successfully completing the required aircraft 

training phases, etc.), satisfactorily complete the 

approved part 135 instructor ground and flight 

training, and undergo continued observation by an 

FAA inspector, an operator check airman, or an 

aircrew designated examiner employed by the 

operator to ensure the quality and effectiveness of 

the instruction after initial instructor acceptance. 

287See § 61.3(d)(2)(ii) through (iv). 288Because approved training programs under 

part 135 do not include training and testing 

required to add category and instrument ratings to 

a commercial pilot certificate, nor does part 61 

accept part 135 training and checking activity in 

lieu of part 61 requirements for a commercial pilot 

certificate, the exception in § 61.3(d)(3)(ii) does not 

currently apply and creates a safety gap in allowing 

the holder of an ATP certificate to provide part 61 

certification training. See § 61.167(a) for ATP 

certificate holder training privileges. 

Accordingly, § 194.243(a) is adopted as 

proposed. 

NATA recommended the FAA 

consider the standardized curriculum 

program for part 135 operators. NATA 

stated that the standardized curriculum 

concept, supported by FAA and 

industry in enabling safety and 

administrative benefits, provides a 

means to standardize curricula offered 

by part 142 training centers to part 135 

operators as an option to meet the 

training requirements of part 135. 

NATA emphasized benefits such as 

enhanced training, testing, and 

checking; leveraging experience; 

streamlined approval processes; and 

administrative efficiencies. A4A echoed 

this general sentiment, recommending 

that part 141 pilot schools, part 142 

training centers, and part 135 operators 

be required to comply with 

standardized curricula design, learning 

objectives, performance tasks, and 

evaluation criteria developed by the 

FAA. 

The standardized curriculum concept 

provides a means to standardize 

curricula offered by part 142 training 

centers to part 135 operators as an 

option to meet the training requirements 

of subpart H of part 135.282 This concept 

aims to provide an efficient means for 

approving training curricula for a 

specific aircraft or series of aircraft 

offered by part 142 training centers 

while increasing the consistency of 

training, testing, and checking delivered 

to part 135 operators. To note, 

standardized curriculum is not a 

complete training program; 283 rather, it 

is the aircraft-specific segment of the 

part 135 training to be delivered by a 

part 142 training center in accordance 

with § 135.324(b) (and all applicable 

requirements under part 135). 

Traditionally, the Training 

Standardization Working Group (TSWG) 

collaborates with stakeholders to 

develop and recommend a standardized 

curriculum to the ARAC for a specific 

aircraft fleet. In turn, the ARAC presents 

the recommendations to the FAA for 

review, consideration, and possible 

publication and implementation.284

Once published by the FAA, if the POI 

determines it fits the needs of the 

operator, the standardized curriculum is 

considered to meet the aircraft-specific 

requirements of a part 135 training 

program. 

The FAA finds that part 135 training 

programs facilitating the entrance of this 

new category of aircraft must remain 

flexible and adaptive for the operator, 

retaining the ability to evolve with 

emerging trends, safety concerns, and 

operational considerations as poweredlift operations mature. The FAA agrees 

that the use of standardized curriculum 

could provide a benefit to part 135 

powered-lift operators in the future. 

However, the FAA finds it impractical 

and premature to establish a TSWG and 

develop a standard part 135 curriculum 

for a powered-lift because no 

certificated powered-lift have completed 

the FSB process and, therefore, no 

operators currently use powered-lift (or 

qualified powered-lift FFS).285

However, the SFAR would not foreclose 

this as an option in the future should a 

specific type of powered-lift with a 

similar training footprint emerge along 

with significant insight into the training 

and operation of that powered-lift to 

develop a standardized curricula. 

iii. Pilot Eligibility 

The FAA also proposed eligibility 

standards for the pilots who may be 

trained under a part 135 airman 

certification training curriculum, which 

would be set forth by proposed 

§ 194.243(a)(3). As proposed, a 

certificate holder may train a pilot for 

powered-lift ratings only if the pilot is 

employed by the part 119 certificate 

holder. The pilots would also be 

required to meet the certificate and 

rating requirements of proposed 

§ 194.215(a) (i.e., at least a commercial 

pilot certificate with either (1) an 

airplane category rating with single- or 

multiengine class rating and an 

instrument-airplane rating, or (2) a 

rotorcraft category rating with a 

helicopter class rating and an 

instrument-helicopter rating). 

The FAA did not receive any 

comments on the proposed part 135 

pilot eligibility provisions and adopts 

the provision as proposed. 

iv. Part 135 Instructors 

Currently, instructors in part 135 are 

not required to hold a part 61 flight 

instructor certificate. Rather, a part 135 

instructor must meet the requirements 

set forth in §§ 135.338 and 135.340.286

While the traditional part 135 instructor 

focuses on training pilots in the specific 

aircraft and operation, part 135 

instructors under the SFAR will be 

training pilots on basic airman 

certification requirements (i.e., part 61 

requirements). To provide training on 

basic airman certification requirements, 

a person must generally hold a part 61 

flight instructor certificate with 

appropriate ratings. Specifically, 

pursuant to § 61.3(d)(2), a person must 

hold a flight instructor certificate issued 

under part 61 to give training required 

to qualify a person for solo flight and 

solo cross-country flight and to give 

certain endorsements.287

The FAA recognizes there are certain 

scenarios, though, where a flight 

instructor certificate is not required. 

Under the narrowly tailored exception 

in § 61.3(d)(3)(ii), a flight instructor 

certificate is not required to provide 

training and endorsements if provided 

by the holder of an ATP certificate with 

the appropriate rating in accordance 

with an approved air carrier training 

program under part 121 or 135. 

However, when a pilot traditionally 

receives training at a part 135 operator, 

the pilot already holds the appropriate 

category and class ratings on their 

commercial pilot certificate. Therefore, 

the instructor pilot who holds an ATP 

certificate but not a part 61 flight 

instructor certificate would be training a 

pilot who already demonstrated the 

basic airman certification proficiency 

and competency to the airman 

certification standards. This is unlike 

the framework adopted in this final rule 

whereby the part 135 approved training 

program will include foundational 

training and testing required to add 

category and instrument ratings to a 

commercial pilot certificate in lieu of 

part 61 requirements.288

The FAA found it necessary to 

prevent a situation under which a part 

135 instructor who holds an ATP 

certificate with powered-lift ratings 


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289For the issuance of a powered-lift category 

rating on a commercial pilot certificate, the training 

must cover the knowledge areas specified in 

§ 61.125(b) and the areas of operation contained in 

§ 61.127(b)(5). For the issuance of an instrumentpowered-lift rating, the training must cover the 

knowledge areas specified in § 61.65(b) and the 

areas of operation contained in § 61.65(c). 

290See Commercial Pilot for Powered-Lift 

Category ACS (FAA–S–ACS–2) and Flight 

Instructor for Powered-Lift Category ACS (FAA–S– 

ACS–27), both incorporated by reference under 

§§ 61.14 and 61.43(a). Because § 61.43(a) requires 

an applicant to perform the tasks specified in the 

areas of operation contained in the applicable ACS 

(or PTS), a person seeking a flight instructor 

certificate with a powered-lift category rating would 

be trained and tested on their understanding of 

these tasks and maneuvers, their application of that 

knowledge to manage associated risks, and their 

ability to demonstrate the appropriate skills and 

provide effective instruction for each of these tasks 

and maneuvers. 

could provide training in a powered-lift 

to pilots seeking to add a powered-lift 

category rating and an instrumentpowered-lift rating to their commercial 

pilot certificate through the part 135’s 

airman certification curriculum. 

Specifically, as discussed in the NPRM, 

the FAA determined that a person must 

hold a flight instructor certificate issued 

under part 61 with the appropriate 

ratings to provide training for the 

purpose of adding a powered-lift 

category rating or an instrument rating 

to a commercial pilot certificate. This 

determination was based on the lack of 

powered-lift experience held by pilots 

completing the part 135 training 

program (who would be completing 

basic airman certification requirements) 

and the curriculum content required for 

the issuance of a commercial pilot 

certificate with a powered-lift category 

rating and an instrument-powered-lift 

rating (i.e., foundational ground and 

flight training and aeronautical 

experience not traditionally included in 

a part 135 training curriculum.) 289

The holder of a flight instructor 

certificate with a powered-lift category 

rating would be qualified to provide 

training on the tasks and maneuvers 

required in the approved certification 

training curriculum because the tasks 

and maneuvers are included on the 

powered-lift flight instructor practical 

test.290 Additionally, the flight 

instructor would have demonstrated the 

ability to provide effective training on 

the foundational tasks and maneuvers, 

demonstrate the skills required to 

perform those tasks and maneuvers 

within the approved standards, and 

analyze and correct common errors that 

occur during training of those tasks and 

maneuvers. For these reasons, the FAA 

proposed § 194.243(a)(2) to require an 

instructor in a part 135 airman 

certification training program to hold a 

flight instructor certificate with a 

powered-lift category rating and 

instrument-powered-lift rating issued 

under part 61 (in addition to meeting 

the qualification requirements of 

§§ 135.338 and 135.340). 

To ensure the narrow exception in 

§ 61.3(d)(3)(ii) is not expanded in light 

of the FAA’s proposal, the FAA 

proposed § 194.203(b) to specify that a 

person must hold a flight instructor 

certificate with the appropriate 

powered-lift ratings to conduct training 

in accordance with a training 

curriculum approved to meet the 

requirements of § 194.243(a)(1). 

Additionally, to ensure the ATP 

privileges contained in § 61.167(a) are 

not expanded as a result of the SFAR, 

the FAA proposed a limitation in 

§ 194.205 to prohibit a person who 

holds an ATP certificate with poweredlift ratings from instructing other pilots 

in accordance with an approved training 

program under part 135 for the purpose 

of obtaining a commercial pilot 

certificate with a powered-lift category 

rating or an instrument-powered-lift 

rating. 

ALPA and an individual commenter 

supported the requirement that part 135 

instructors providing training for a 

commercial pilot certificate with 

powered-lift ratings and an instrumentpowered-lift rating hold a part 61 flight 

instructor certificate with appropriate 

ratings. The individual stated that the 

SFAR would enable the part 135 

instructors to provide foundational 

flight training to someone who does not 

already hold the category rating at the 

commercial level, which necessitates 

instructors trained under the same 

requirements as part 61 instructors in 

the interest of ensuring safety and 

effective training. ALPA supported the 

FAA’s conclusion, as set forth in the 

preamble to the NPRM, that a person 

with a flight instructor certificate would 

be best suited to provide training on the 

foundational tasks, maneuvers, and 

skills, and provide any corrective 

feedback and analysis. 

FlightSafety International, UPS Flight 

Forward (UPS FF), and L3Harris 

commented on the FAA’s proposal to 

require a part 61 flight instructor 

certificate to provide training under the 

SFAR at a part 135 operator. 

FlightSafety International did not 

appear to disagree with the general 

concept to require a flight instructor 

certificate for part 135 instructors under 

the SFAR, but rather commented on the 

proposal in the context of aligning the 

type rating requirement with ICAO 

Annex 1, section 2.1.1.4. Specifically, 

FlightSafety International recommended 

the FAA revise proposed § 194.203(b) to 

require a flight instructor under part 135 

to hold any category or class flight 

instructor certificate with the 

appropriate powered-lift type rating 

only (rather than a flight instructor 

certificate with a powered-lift category 

and type rating). FlightSafety 

International also proposed similar 

revisions (i.e., any flight instructor 

certificate with only a powered-lift type 

rating) in §§ 194.205 and 194.243. 

UPS FF opposed the flight instructor 

certificate requirement, stating that part 

135 operators and part 121 airlines have 

long relied on the regulatory allowance 

to train and qualify pilots without 

holding a part 61 flight instructor 

certificate and asserted that such a 

requirement would result in less 

experienced part 135 instructors or add 

a financial burden to operators that fund 

their instructors in the completion of 

part 61 instructor training. UPS FF 

urged the FAA to take several factors 

into consideration, including a 

perceived pilot shortage, the 

introduction of new and unique aircraft 

into commercial service, and the desire 

to have experienced pilots training new 

entrants. UPS FF suggested the FAA 

leverage the Aircrew Program Designee 

(APD) process to support part 135 

operators conducting training and 

checking resulting in the issuance of 

both a category and type rating to a part 

61 certificate. Similarly, L3Harris 

opposed the requirement, stating it 

would not add any value or safety to the 

certification process and will burden 

instructors at air carriers. 

First, for the reasons stated in section 

VII.A. of this preamble, the FAA is not 

implementing ICAO Annex 1, section 

2.1.1.4 therefore FSI’s suggestions are 

likewise not adopted. 

As previously discussed, UPS FF 

correctly notes that parts 121 and 135 

operators have traditionally relied on 

the allowance to train and qualify pilots 

without holding a part 61 flight 

instructor certificate. However, this 

allowance is narrowly tailored to the 

training and checking designed to 

prepare a pilot to operate in accordance 

with the air operator’s certificate for 

which they are employed and for 

certification purposes extends solely to 

training required for a type rating. 

Under the new requirements in the 

SFAR, certificate holders under part 135 

may submit a curriculum constituting a 

comprehensive airman certification 

training framework, which would go 

beyond the traditional scope of a part 

135 training program. In other words, 

part 135 certificate holders are not 

presently permitted to train pilots for 

their initial part 61 category ratings and, 

therefore, the corresponding instructor 


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291As noted in the NPRM, the FAA recognizes 

that certain PICs in part 135 would not be required 

to complete an instrument proficiency check under 

§ 135.297 (e.g., PICs and SICs serving in VFR only 

operations and SICs serving in IFR operations). 

However, if the operator opts to pursue a training 

program under the SFAR to issue an instrumentpowered-lift rating, the person would be required 

to successfully complete the § 135.297 instrument 

proficiency check to meet the requirements of 

proposed § 135.243(b) (see section V.J.5. of this 

preamble) and existing § 135.245(a). 

292See §§ 61.127(b)(5), 61.157(e)(3), and 

appendix A to part 61. 

293Since the instrument proficiency check is 

being used to meet the practical test requirements 

for an instrument-powered-lift rating, the check 

must include all approaches required by the 

Instrument Rating—Powered-Lift ACS, even if the 

pilot will not be authorized to conduct one or more 

of those approaches during part 135 operations 

(e.g., circling approaches). 

294 In other words, the pilot would be expected 

to meet the same standards as those set forth in 

pilots are not required to hold part 61 

flight instructor certificates. 

The certification activity currently 

allowed to be accomplished through the 

completion of a certificate holder’s 

training program is not analogous to the 

new certification curriculum for a 

commercial pilot certificate and 

instrument rating. First, to the extent 

that § 61.157(f) allows checks at an 

operator to satisfy the practical test 

requirements for an ATP certificate, the 

ATP certificate practical test requires no 

additional training but rather is an 

experience-based eligibility (e.g., 1,500 

total time as a pilot, etc.). Conversely, a 

commercial pilot certificate requires an 

applicant to complete training and 

acquire flight experience. To the extent 

that § 61.157(c) allows pilots training 

under a part 135 training program to 

forego the flight training for a type 

rating in § 61.157(b)(1) if they present a 

training record that shows completion 

of a certificate holder’s approved 

training program for the aircraft type 

that also is distinguishable because a 

certificate holder’s training program, 

like training for a type rating, is aircraft 

type specific. Accordingly, there is a 

correlation between the content of the 

operator’s training program and the type 

rating training. It is for the exact reasons 

cited by UPS FF and L3Harris—the 

introduction of new and unique aircraft, 

a lack of experienced powered-lift 

pilots, and the desire to have 

experienced pilots training new 

entrants—that the FAA maintains the 

need for proficient flight instructors, 

who have been trained and tested 

themselves on these foundational 

airman certification tasks, maneuvers, 

and instructional abilities, to provide 

part 61 training. 

Commenters recommended leveraging 

the aircrew program designee (APD) 

process to reduce the reliance on 

instructors holding a part 61 flight 

instructor certificate. An APD for an 

operator is a check pilot employed by 

the operator who is qualified and 

authorized to certify other pilots by 

conducting a certification examination, 

giving the operator the ability to 

facilitate certain airman certification for 

ATP certificates and type ratings 

(§§ 61.63 and 61.157). Under the SFAR, 

the company may still leverage APDs to 

conduct evaluations required for the 

newly enabled ratings. However, the use 

of an APD program does not reduce the 

importance of using a pilot with a flight 

instructor certificate for initial 

certification training and ensuring basic 

flight concepts are taught by an 

appropriately rated individual with an 

understanding of training initial 

applicants. Therefore, the SFAR would 

not foreclose the use of an APD process 

under part 135, but individuals who 

provide flight training must be 

appropriately qualified as set forth in 

the SFAR. 

The FAA notes that the requirement 

to hold a part 61 flight instructor 

certificate with powered-lift ratings 

applies only to part 135 instructors who 

train pilots seeking to obtain their initial 

powered-lift category and instrument 

ratings under a part 135 training 

program. The FAA is not altering the 

ability of an operator to use pilots who 

possess an ATP certificate to provide 

training under their approved part 135 

training program with qualified PICs 

that hold their ATP certificate, as is the 

current status quo. This SFAR provision 

would only apply to training for initial 

powered-lift ratings under the part 135 

training program to meet the part 61 

requirements concurrently. 

Therefore, this final rule adopts the 

part 135 flight instructor certificate 

provisions as proposed. 

v. Checking and Testing 

Part 135 initial training culminates in 

evaluations of the pilot’s proficiency 

through the completion of a competency 

check under § 135.293(b) and, if 

conducting operations under IFR, a PIC 

instrument proficiency check under 

§ 135.297. The FAA proposed several 

provisions in § 194.243(b) pertaining to 

part 135 airman certification and 

checking, which are adopted herein as 

proposed with one addition in new 

§ 194.243(b), as subsequently discussed. 

First, § 194.243(b)(1) permits, at the 

completion of the certification 

curriculum and the part 135 operator 

training, a pilot to apply to add a 

powered-lift category rating 

concurrently with an instrumentpowered-lift rating and an initial 

powered-lift type rating to their 

commercial pilot certificate if the 

person successfully completes the 

written or oral testing under 

§ 135.293(a)(2) and (3), a competency 

check under § 135.293(b), and an 

instrument proficiency check under 

§ 135.297 provided certain conditions 

are met.291 Under § 194.243(b)(1)(iii)(A), 

the competency check must include the 

maneuvers and procedures required for 

the issuance of a commercial pilot 

certificate with a powered-lift category 

rating and a powered-lift type rating.292

Similarly, the instrument proficiency 

check must meet the requirements of 

§ 135.297 as applicable to a PIC holding 

a commercial pilot certificate, which 

includes the maneuvers and procedures 

required for the issuance of an 

instrument-powered-lift rating.293 As 

described in §§ 135.293(e) and 

135.297(c), competent performance of 

each maneuver and procedure on the 

competency check and instrument 

proficiency check requires that the pilot 

be the obvious master of the aircraft, 

with the successful outcome of the 

maneuver never in doubt. Finally, as set 

forth by § 194.243(c), the testing, 

competency check, and instrument 

proficiency check would be 

administered by an ASI or APD who is 

authorized to perform competency 

checks and instrument proficiency 

checks for the certificate holder, or a 

TCE with appropriate certification 

authority who is also authorized to 

perform competency checks and 

instrument proficiency checks for the 

certificate holder. 

As proposed, certain part 135 

regulations that apply to the 

competency check and instrument 

proficiency checks will not apply to the 

recognition of part 135 competency 

checks and instrument proficiency 

checks under the SFAR for initial 

certification purposes (i.e., to meet 

§ 194.243(b)(1)(iii)). Specifically, under 

§ 194.243(b)(2), the allowance in 

§ 135.301(b), which permits a pilot who 

fails a maneuver on a check to receive 

additional training and then repeat the 

maneuver, will not be applicable to the 

competency check and instrument 

proficiency check under the SFAR.294

Lastly, the allowance in § 135.293(d), 

which permits the substitution of a 

§ 135.297 instrument proficiency check 

for a competency check, will not apply 

to the competency check for the 

powered-lift category rating. These 

exclusions are set forth in 

§ 194.243(b)(3). 

§ 61.43(a).

ALPA provided recommendations 

regarding competency checks, including 


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295While ALPA cited test pilots as choosing the 

maneuvers, the FAA notes that ASIs, APDs, and 

TCEs conduct checks for part 135 checks. 

296See Volume 3, Chapter 19, Section 7, tables 3– 

70 and 3–71. 

297The applicant will also be required to comply 

with any requirements provided in the approved 

part 135 training manual for that operator. 

the maneuvers and procedures required 

to issue a commercial pilot certificate 

with powered-lift category rating. 

Specifically, ALPA recommended the 

use of ‘‘continuing qualifications 

standards’’ as outlined in part 135, 

which ALPA stated are foundational in 

training and passing pilots in part 135. 

Additionally, ALPA urged the FAA to 

provide standards and guidance for test 

pilots choosing the maneuvers for the 

competency checks because the lack of 

a structured approach would increase a 

safety risk in validating a pilot’s 

competency. Finally, ALPA sought 

clarification on the outcome in a 

scenario where a pilot unsatisfactorily 

performs on a check and must recheck. 

ALPA specifically requested the FAA to 

comment on waiting periods and 

additional training requirements for 

such pilots. 

First, in regard to ALPA’s suggestion 

that a continuing qualification standard 

be mandated amongst powered-lift 

operators, the FAA notes that all part 

135 operators would be required to 

adhere to the regulations as applicable 

in part 135 and is unclear what 

additional qualifications standards 

ALPA contends would be beneficial for 

pilots. ALPA’s use of the term 

‘‘continuing qualification’’ could be 

interpreted as the establishment of an 

Advanced Qualification Program (AQP), 

which is discussed in section V.G.1.v of 

this preamble. Any part 135 operator 

has the option of implementing an AQP, 

subject to approval by their POI; it is 

not, however, mandatory for poweredlift unless they operate as a commuter 

operation as required in § 194.247. 

While the FAA does not foresee a high 

volume of commuter powered-lift 

operations at the onset of this SFAR, 

these operations will eventually emerge; 

the FAA expects pilots to obtain the 

qualifications (ATP certificate) and 

manufacturers to develop aircraft that 

would meet the regulatory thresholds 

for commuter operations. However, any 

additional continuing qualification 

requirement would be difficult to 

standardize at this time for the same 

reasons that the FAA finds a 

standardized curriculum premature to 

implement. Additionally, the FAA notes 

that the SFAR would not foreclose an 

operator from initiating any additional 

benchmarks or qualification checks that 

operator deems necessary for safe 

operation. For example, Archer 

discussed imposition of a 500-hour 

minimum flight hour experience level 

for pilots in anticipation of part 135 PIC 

responsibilities. Similarly, Lilium 

indicated they would impose real-time 

monitoring through approved remote 

technology to ensure operational safety 

is maintained during flight training. 

In addition to the items outlined in 

the checking modules and because 

competency and proficiency checks can 

now result in a commercial pilot 

certificate with a powered-lift category 

and type rating and an instrumentpowered-lift rating, the checking event 

will be required to accomplish all the 

required tasks in the appropriate ACS 

for a pilot applicant employed at a 

certificate holder. Specifically, under 

§ 194.243(b)(1)(iii)(A), the competency 

check would be required to include the 

maneuvers and procedures required for 

the issuance of a commercial pilot 

certificate with a powered-lift category 

rating, an instrument-powered-lift 

rating, and a powered-lift type rating. 

Similarly, under § 194.243(b)(1)(iii)(B), 

the instrument proficiency check must 

meet the requirements of § 135.297 as 

applicable to a PIC holding a 

commercial pilot certificate, except that 

the instrument approaches to be 

included must include all instrument 

approaches required for the issuance of 

an instrument-powered-lift rating. 

The FAA agrees with ALPA’s general 

contention that ASIs, APDs, and 

TCEs 295 should be provided guidance 

and standards to conduct the checks 

pursuant to § 194.243(b). Currently, 

tables for pilot proficiency checks are 

outlined in FAA Order 8900.1.296 These 

tables will be updated with this final 

rule to account for checking modules in 

a powered-lift to include basic checking 

modules for a § 135.293 VFR 

competency check, § 135.293 IFR 

competency check, § 135.297 

instrument proficiency check, and NVG 

tasks to be accomplished when 

appropriate. 

Because § 61.43 requires the practical 

test for the issuance of a rating include 

all tasks specified in the areas of 

operation contained in the applicable 

ACS as incorporated by reference in 

§ 61.14, it follows that the 

corresponding check must include these 

tasks as well. For purposes of training 

program submission, the FAA notes that 

a certificate holder’s module format may 

be either a simple outline, a table such 

as those contained in aforementioned 

FAA Order 8900.1 tables, or any other 

format that the POI finds clearly 

establishes the methods to be used and 

elements and events to be checked. 

To the extent that ALPA sought 

clarification on unsatisfactory 

performance during a check and the 

process for rechecking, as previously 

stated, the FAA excluded the use of 

certain part 135 regulations traditionally 

applicable to the competency check and 

instrument proficiency checks, as 

provided in § 194.243(b)(2). Section 

135.301(b) allows that, if a pilot fails a 

maneuver on a check, the person giving 

the check may provide the pilot with 

additional training during the check and 

then the pilot must repeat the failed 

maneuver. The FAA chose to foreclose 

this option if an individual was 

obtaining an initial category certificate 

or rating to align with how a part 61 

pilot certificate is granted today in 

alignment with § 61.43(c) which 

specifies that, if a pilot fails any area of 

operation, that pilot fails the practical 

test. For evaluations and checks not 

resulting in the issuance of a pilot 

applicant’s initial powered-lift ratings, 

the provisions in § 135.301 would be 

available as they normally are. 

Further, because these checks 

essentially serve as a practical test for 

certification, successful completion of 

which is essential to ensuring 

comprehensive pilot proficiency, the 

FAA finds it necessary to treat checks in 

the same manner as a practical test in 

part 61 when a person cannot 

successfully demonstrate a task or 

maneuver. Where a check under part 

135 would typically permit the pilot to 

receive additional training and repeat 

the maneuver, this final rule adopts new 

§ 194.243(b)(4) that mirrors current 

§ 61.49(a). In the case of a failed 

maneuver, the check will be recorded as 

an unsatisfactory evaluation and a 

notice of disapproval will be issued. To 

qualify for a recheck, the applicant will 

be required under § 194.243(b)(4) to (1) 

receive necessary training from an 

authorized instructor or instructor pilot 

and (2) obtain an endorsement from the 

authorized instructor or instructor pilot 

who conducted the training and 

determination that the applicant is 

proficient to pass the test attesting to the 

training.297 A new application for the 

ratings would have to be made prior to 

a subsequent attempt. The retraining 

could not occur as part of the same 

flight and evaluation sequence because 

the person would be required to reapply 

for the check after receiving training and 

an endorsement. 

2. Part 141 Pilot Schools 

As previously discussed, part 141 

pilot schools serve as a structured 


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298For the purpose of this preamble, when 

referring to training program under part 141, the 

FAA considers this term synonymous with training 

course outline or training curriculum. The FAA is 

noting the slight differentiation in terms here for 

clarification. 

299 § 141.33(a)(3). See also 141.35(a)(1), 

141.36(a)(1), and 141.37(a)(2)(ii). 

300The FAA notes that there are no specific 

requirements of time in an aircraft to receive a type 

rating. See § 61.63(d). The FAA understands this 

comment to mean the 50 hours of PIC time in a 

powered-lift, as the commenters both specified this 

amount of time earlier in their comments when 

remarking on similar concerns in the context of part 

142. The FAA finds this comment is addressed in 

section V.F.2. of this preamble, where the FAA 

describes the reduction of PIC time in a poweredlift to 35 hours. 

301Aircraft Flight Simulator Use in Pilot Training, 

Testing, and Checking and at Training Centers, 61 

FR 34508 (July 2, 1996). 

302 In addition to § 142.47(a)(3), § 142.49 sets forth 

training center instructor and evaluator privileges 

and limitations and restricts a training center from 

allowing an instructor to provide flight training in 

an aircraft unless that instructor is qualified and 

authorized in accordance with subpart H of part 61 

(Flight Instructors Other than Flight Instructors 

with a Sport Pilot Rating). 

303These sections set forth the aeronautical 

experience requirements for a commercial 

certificate with an airplane single-engine rating, 

airplane multiengine rating, helicopter rating, and 

powered-lift rating. 

program 298 under which a person may 

obtain part 61 certificates and ratings; 

the FAA proposed to allow part 141 

pilot schools to offer the training for the 

alternate experience requirements set 

forth by the SFAR. The FAA did not 

propose any relief from the personnel 

requirements of a part 141 pilot school 

(i.e., subpart B of part 141). As such, an 

instructor at a part 141 pilot school 

would be required to hold a poweredlift category rating and an instrumentpowered-lift rating on their commercial 

pilot certificate and a flight instructor 

certificate with a powered-lift rating or 

instrument-powered-lift rating.299 The 

instructor will also be required to hold 

a type rating on their pilot certificate 

that corresponds to the aircraft in which 

the training will be provided. As 

discussed in the NPRM, the FAA 

anticipates part 141 pilot schools will 

obtain the necessary training for 

powered-lift ratings from the 

manufacturers through the alternate 

pathways, discussed in section V.B. of 

this preamble, and the initial pool of 

instructors from the military pilots with 

certificates and ratings through the 

provisions of § 61.73. 

Specific to part 141 pilot school 

requirements, CAE and NBAA stated 

that the requirement for Chief 

Instructors, Assistant Chief Instructors, 

and Designated Pilot Examiners to 

acquire the proposed 50 hours in type 

(or combined with a simulator of Level 

C or higher) 300 will be difficult as there 

are currently no powered-lift to use for 

training and/or testing. Similarly, both 

commenters stated that flight training 

organizations and students will 

experience a burden in finding a 

powered-lift for training and testing 

toward a powered-lift rating for noncommercial use. 

The FAA agrees with CAE and NBAA 

that the lack of civilian powered-lift for 

training and testing will create a unique 

burden for flight training organizations 

and students insofar as populations of 

pilots seeking training will not have 

ready access to the aircraft like those 

populations currently enjoy with 

airplanes and helicopters. The intent of 

the SFAR and the respective alternate 

frameworks set forth by this final rule 

work in tandem to alleviate that burden 

as much as possible while upholding a 

level of safety for pilots seeking to 

engage in civilian commercial 

operations commensurate with the 

existing high level of safety for those 

operations. 

The FAA notes that the SFAR does 

not solely address the facilitation of 

commercial operations. Rather, as stated 

in the NPRM, the intention expressed by 

industry to introduce these aircraft 

immediately into passenger-carrying 

commercial operations instigated the 

reconsideration of the existing airman 

regulations for powered-lift and address 

the absence of specific regulations for 

pilots in part 135, specifically. However, 

the SFAR does not create any additional 

barriers for ‘‘non-commercial’’ 

operations and, in fact, includes part 

141 personnel along with part 135 and 

part 142 personnel in the opportunity to 

obtain training at the manufacturer for 

the purpose of forming the initial cadre 

of instructors. In addition, the FAA 

proposed, and adopts in this final rule 

as discussed in section V.F. of this 

preamble, alternative requirements for 

private pilot certification. In the context 

of a part 141 pilot school, once a 

population of qualified personnel exists, 

the part 141 pilot school would be free 

to apply to deliver any powered-lift 

training curriculum they are qualified to 

provide (e.g., a private pilot certification 

course). 

3. Part 142 

A part 142 training center, likewise, 

provides an alternate means to 

accomplish part 61 training and 

certification, established primarily in 

response to advancement in flight 

simulation technology in the late 

1990s.301 Aligned with the intent for 

part 141 pilot schools, the FAA 

anticipates that a part 142 training 

center will establish the initial cadre of 

flight instructors under the SFAR’s 

alternate requirements by obtaining the 

necessary training at the manufacturer 

(see section V.F.2. of this preamble). 

After such, the part 142 training center 

could establish powered-lift training 

curricula utilizing the qualified TCEs to 

provide training to other instructor 

personnel at the training center. 

Part 142 contains its own 

requirements for flight instructor 

eligibility in § 142.47. Section 

142.47(a)(3) requires an instructor who 

is instructing in an aircraft in flight to 

be qualified under the flight instructor 

requirements in subpart H of part 61. To 

the extent that a part 142 training center 

will obtain approval for a curriculum 

that includes a portion of flight training 

in a powered-lift in flight, the training 

center instructors will be required to 

hold the appropriate powered-lift 

ratings on their pilot and flight 

instructor certificates.302 For instructors 

who conduct training in an FSTD, 

§ 142.47(a)(5) requires that an instructor 

satisfy one of three options to provide 

instruction: (1) meet the commercial 

aeronautical experience requirements of 

§ 61.129(a), (b), (c), or (e), as applicable, 

excluding the required hours of 

instruction in preparation for the 

commercial pilot practical test; (2) meet 

the ATP aeronautical experience 

requirements of §§ 61.159, 61.161, or 

61.163,303 as applicable, if instructing in 

an FSTD that represents an ‘‘airplane 

requiring a type rating’’ or instructing in 

a curriculum leading to the issuance of 

an ATP certificate or added rating to an 

ATP certificate in any category of 

aircraft; or (3) be employed as an FSTD 

instructor for a training center providing 

instruction and testing to meet the 

requirements of part 61 on August 1, 

1996. 

Essentially, notwithstanding the third 

option, in the current regulatory 

environment, the part 142 instructor 

seeking to instruct in a powered-lift 

FSTD for a commercial pilot certificate 

would only be required to meet the 

aeronautical experience requirements 

for a commercial pilot certificate with a 

powered-lift category rating. Because 

§ 142.47(a)(5)(ii) applies only to 

airplanes requiring a type rating, 

persons instructing in an FSTD in a 

powered-lift (which would all require a 

type rating under this final rule, as 

discussed in section V.A. of this 

preamble) would only be required to 

meet the aeronautical experience 

requirements of a commercial certificate 

with a powered-lift category rating (i.e., 

§ 61.129(e)), unlike how airplanes 

requiring a type rating are treated. In 

other words, § 142.47(a)(5)(ii) would be 


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

305See FAA Order 8900.1, Vol. 3, Ch. 54, Sec. 4. 

The FAA may consider the level of safety 

purportedly achieved by the request, the proposed 

revisions to the training center’s operating 

procedures and Quality Management Systems, and 

any accompanying justification, procedures, or 

policies that the training center proffers in support 

of its request for relief. 

306CAE and NBAA echoed their previous 

sentiment in the context of training in accordance 

with part 141 under the SFAR. They again stated 

that requiring the initial cadre of TCEs to be trained 

by the manufacturer would create a backlog for 

training by preventing part 142 training centers 

from qualifying initial instructors and TCEs. They 

estimated part 142 training centers would need 7 

to 9 instructors per simulator, which will be 

difficult to achieve given (1) the perceived atypical 

requirement for a training center instructor to be a 

CFI, and (2) the requirement for instructors to have 

a powered-lift category rating. The commenters 

recommended removing the powered-lift category 

rating and the requirement for training center 

instructors to hold a CFI with no additional 

information on how these instructors would be 

alternatively and sufficiently qualified. 

307Pursuant to 14 CFR 1.1, large aircraft means 

aircraft of more than 12,500 pounds, maximum 

certificated takeoff weight. 

inapplicable because the person 

instructing in a powered-lift FSTD 

would not be representing an airplane 

(the first criteria in the paragraph), nor 

would the person be instructing in a 

curriculum leading to the issuance of an 

ATP certificate or an added rating to an 

ATP certificate (the second criteria in 

the paragraph). In the NPRM, the FAA 

also noted this discrepancy concerning 

helicopters requiring a type rating. 

As comprehensively discussed in the 

NPRM,304 the FAA found it necessary to 

ensure a person instructing in an FSTD 

for an aircraft requiring a type-rating 

possess a higher level of experience 

than that required for a commercial 

pilot certificate due to technological 

advancements in type-rated aircraft. 

Therefore, the FAA proposed to impose 

the same standard for powered-lift and 

rotorcraft instructors providing training 

in an FSTD as those required for 

airplanes by replacing the word 

‘‘airplane’’ with ‘‘aircraft’’ in 

§ 142.47(a)(5)(ii). 

Most existing rotorcraft training 

center instructors already meet the 

aeronautical experience requirements of 

§ 142.47(a)(5)(ii) for rotorcraft that 

require type ratings or do not offer 

standalone type-rated rotorcraft 

curriculum (e.g., the training center 

offers an ATP curriculum for the typerated rotorcraft, thereby falling into the 

criteria in the second part of 

§ 142.47(a)(5)(ii)). However, to facilitate 

integration of this regulatory change 

while not disrupting current practice for 

those instructors who may not currently 

satisfy this standard, the FAA proposed 

to except instructors that are currently 

instructing in an FSTD that represent a 

rotorcraft requiring a type rating from 

this proposed requirement in new 

§ 147.47(a)(5)(ii)(A) and (B). 

Additionally, the FAA recognized that 

implementation of this regulation may 

delay some operators initially by the 

lack of pilots possessing an ATP 

certificate with the appropriate 

powered-lift ratings. The FAA noted the 

availability of deviation authority in 

§ 142.9 for powered-lift instructors (and 

rotorcraft instructors, given the 

regulatory change for this population of 

instructors). Section 142.9 functions to 

provide an avenue for relief from the 

ATP experience requirements of 

§ 142.47(a)(5)(ii) if the FAA determines 

that it would not adversely affect the 

quality of instruction or evaluation.305

Many commenters, including NBAA, 

CAE,306 and Archer, opposed the FAA’s 

proposal to replace the term ‘‘airplane’’ 

with ‘‘aircraft,’’ thereby expanding the 

requirement for an FSTD instructor to 

meet the aeronautical experience 

requirements of §§ 61.159, 61.161, or 

61.163, as applicable. Specifically, 

Archer stated the proposal is devoid of 

a clear, safety-based justification and 

lacks necessary supporting data to 

warrant its adoption. Archer urged the 

FAA to consider that the underlying 

reason for the type rating was the 

inability to establish coherent classes 

and recognize that if the FAA did 

establish classes of powered-lift then the 

type-rating requirement would 

disappear, as would the corresponding 

requirement for FSTD instructors in 

§ 142.47(a)(5)(ii). Archer stated that the 

aeronautical experience requirements 

for FSTD instructors of large, complex, 

and turbojet powered type-rated 

airplanes should not be equally 

applicable to powered-lift because 

powered-lift are simple to fly and will 

be flown by predominantly commercial 

pilots without an ATP certificate. 

Archer also emphasized the comparison 

of the aeronautical experience expected 

from parts 141 and 135 instructors 

compared to part 142 instructors. 

Archer stated that the same FSTD that 

would require an instructor with an 

ATP certificate or equivalent 

aeronautical experience at a part 142 

training center could be used for 

training under part 135 or 141 with only 

an authorized instructor, resulting in a 

burden to part 142 training centers. In 

sum, Archer urged the FAA to maintain 

the existing language in § 142.47(a)(5)(ii) 

preserving the distinction between 

‘‘airplane’’ and ‘‘aircraft.’’ If the FAA 

continued to believe the proposed 

change is necessary, Archer provided 

suggested revised language to exempt 

part 142 powered-lift and rotorcraft 

FSTD instructors who also instruct in 

the aircraft being simulated from the 

requirement to hold an ATP certificate 

or equivalent experience. Archer also 

disagreed with the FAA’s reliance on 

§ 142.9 as an avenue for relief from the 

ATP experience requirements of 

§ 142.47(a)(5)(ii), stating that the 

deviation approach may be cumbersome 

and elongated. GAMA requested the 

FAA apply ICAO Annex 1 language (i.e., 

add a powered-lift type rating to an 

existing commercial certificate with 

airplane or helicopter ratings) and 

clarify that an instructor pilot may meet 

the aeronautical experience 

requirements of § 61.159 (airplane) or 

§ 61.161 (rotorcraft), as appropriate to 

the specific aircraft type. GAMA also 

suggested the training instructor 

requirements to be specified in the FSB 

report for that aircraft. 

First, Archer is correct that the FAA 

found it premature to identify concrete 

sets of similar characteristics to 

establish powered-lift classes at this 

time due to the wide variance in 

complexity, design, flight, and handling 

characteristics between powered-lift. 

This forms the basis for the requirement 

of a type rating. The operational 

characteristics and introduction of novel 

aircraft and operations necessitate that a 

person providing instruction maintain a 

higher threshold of proficiency in areas 

such as interacting with air traffic 

control, operating in an airport 

environment, navigating the operational 

challenges of flying the aircraft in 

weather, using crew resource 

management, and resolving 

maintenance discrepancies, all while 

complying with FAA regulations, 

procedures, manuals, and 

authorizations. Archer may be correct 

that some powered-lift may be simple to 

fly; however, the FAA does not have an 

adequate sample size with which to 

determine whether powered-lift are 

sufficiently simple enough such that 

training qualifications in an FSTD 

should be decreased. While one 

powered-lift may be overwhelmingly 

autonomous, another may encompass 

largely manual operations. 

However, the FAA recognizes that, to 

Archer’s point, the underlying reasons 

for establishing a type rating for all 

powered-lift do not substantially align 

with the reasons an airplane or 

helicopter may require a type rating 

under § 61.31. Specifically, under 

§ 61.31(a), a person who acts as a PIC of 

a large aircraft,307 turbojet-powered 

airplane, or other aircraft as specified by 

the Administrator through aircraft type 

certificate procedures must hold a type 


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308Pilot Rating Requirements, NPRM, 29 FR 

13038 (Sep. 17, 1964). Pilot Rating Requirements, 

final rule, 30 FR 11903 (Sep. 17, 1965). 

309This corrects a discrepancy made in the 1996 

final rule (61 FR 34508, July 2, 1996) whereby the 

word ‘‘airplane’’ was unintentionally substituted for 

‘‘aircraft’’, excluding rotorcraft complex enough to 

require a type rating from the ATP experience 

requirements. 

310A similar gap exists for those pilots 

certificated in accordance with part 141 where a 

person may be eligible for a certificate after 

completing an abbreviated number of aeronautical 

experience hours. 

311Per § 142.47 a flight instructor certificate is 

only required if instructing in an aircraft in flight 

under a part 142 training center. 

rating for that aircraft. The FAA 

determined the speed, complexity, and 

operating characteristics of large aircraft 

require the PIC to demonstrate 

proficiency in operating the specific 

aircraft; similarly, the FAA determined 

that the performance, environment, and 

operating characteristics of turbojetpowered airplanes require the PIC to 

demonstrate proficiency in operating 

the specific airplane.308 As adopted by 

this final rule, a PIC will be required to 

hold a type rating for every powered-lift 

to account for the lack of classes 

established at this time and diversity in 

powered-lift configurations, controls, 

and operating characteristics. It follows 

that not every powered-lift will be 

equally complex as a large aircraft or 

turbojet airplane just by virtue of 

requiring the pilot to hold a type rating 

under § 61.31(a). 

Therefore, this final rule revises the 

proposed replacement in 

§ 142.47(a)(5)(ii) of ‘‘airplane’’ requiring 

a type rating with generalized ‘‘aircraft’’ 

requiring a type rating (i.e., enveloping 

large airplanes, large helicopters, 

turbojet powered airplanes, and all 

powered-lift, despite the size or engine 

type). Rather, this final rule will extend 

the requirements of current 

§ 142.47(a)(5)(ii) to rotorcraft requiring a 

type rating (as proposed), ‘‘large’’ 

powered-lift (i.e., powered-lift of more 

than 12,500 pounds maximum 

certificated takeoff weight), and turbojet 

powered powered-lift.309 This 

amendment holds powered-lift akin to 

the airplane type rating requirement, 

recognizing that large powered-lift and 

powered-lift that operate with turbojet 

engines are complex, high-speed, and 

high-altitude, and, therefore, require an 

increased caliber of experience when 

instructing in the simulator. Since every 

powered-lift requires a type rating, to 

avoid being overly expansive, the 

amendment does not tie the ATP 

experience requirement for powered-lift 

to those having a type rating, but instead 

to what normally triggers a type rating 

requirement in airplanes and 

helicopters. Part 142 instructors seeking 

to instruct in an FSTD representing a 

powered-lift of 12,500 pounds 

maximum certificated takeoff weight or 

less and powered-lift that do not use 

turbojet engines would not be required 

to meet the ATP requirements set forth 

by § 142.47(a)(5)(ii); these instructors 

could simply meet the applicable 

aeronautical experience requirements of 

§ 61.129(e) as set forth in 

§ 142.47(a)(5)(i). 

To improve readability of the 

regulation, the FAA adopts the revisions 

to § 142.47(a)(5)(ii) in a revised format. 

The introductory text in § 142.47(a)(5) 

will require a person to meet at least one 

of the requirements in paragraphs (i) 

through (iii). These are the three options 

currently in paragraph (a)(5)(i) through 

(iii) but, as subsequently discussed, this 

final rule adds an exception in new 

paragraph (a)(5)(iv). Paragraphs (a)(5)(i) 

and (iii) will retain the current 

requirement set forth in the regulations, 

respectively. Paragraph (a)(5)(ii) will 

require a person to meet the 

aeronautical experience requirements of 

§§ 61.159, 61.161, or 61.163, as 

applicable, in the scenarios set forth by 

new paragraph (a)(5)(ii)(A) (in an FSTD 

representing an airplane or rotorcraft 

requiring a type rating, a powered-lift 

over 12,500 pounds, or a turbojet 

powered powered-lift, with one 

exception) and new paragraph 

(a)(5)(ii)(B) (in a curriculum leading to 

the issuance of an ATP certificate or an 

added rating to an ATP certificate). 

Section 142.47(a)(5)(iv) will set forth the 

aforementioned exception to 

§ 142.47(a)(5)(ii)(A). Specifically, new 

§ 142.47(a)(5)(iv) excepts a person 

employed as an instructor and 

instructing in an FSTD representing a 

rotorcraft requiring a type rating from 

meeting the aeronautical experience 

requirements of § 142.47(a)(5)(ii) if the 

person is not instructing in a curriculum 

leading to the issuance of an ATP 

certificate or an added rating to an ATP 

certificate and the person was employed 

and met the remaining applicable 

requirements of § 142.47 on March 21, 

2025. The FAA notes that exception was 

proposed in the NPRM but is simply 

redesignated in the adoption of this 

final rule. 

Finally, the FAA recognizes that a 

person who obtains a commercial pilot 

certificate with a powered-lift category 

rating in accordance with the SFAR will 

not technically have met the 

aeronautical experience requirements 

set forth by § 61.129(e). For example, a 

pilot will have only completed 35 hours 

of PIC time in a powered-lift 

(§ 194.216(a)) rather than 50 hours 

(§ 61.129(e)(2)(i)).310 Under current 

§ 142.47(a)(5)(i), that fully certificated 

pilot would be required to seek 15 more 

hours of PIC time in a powered-lift to 

meet the aeronautical experience 

requirements of § 61.129(e)(2)(i). The 

FAA does not find that a person should 

be required to attain additional 

experience after the person has met the 

regulatory aeronautical experience 

requirements as set forth in part 61 or 

through an abbreviated experience 

regulation (i.e., part 141) and proven 

proficiency through the practical test. 

Therefore, this final rule adds the 

qualification option of simply holding a 

commercial pilot certificate with the 

appropriate ratings. The FAA 

emphasizes that meeting the 

aeronautical experience requirements as 

currently required remains an option 

without holding the certificate itself, as 

well. For these same reasons, this final 

rule adds the option to hold an 

unrestricted ATP certificate with the 

appropriate ratings to § 142.47(a)(5)(ii). 

Finally, NBAA and CAE stated that, 

normally, part 142 training center 

instructors do not need to hold a flight 

instructor certificate or a flight 

instructor certificate with an instrument 

rating, but the SFAR requires a 

powered-lift type rating, instrumentpowered-lift rating, a flight instructor 

certificate, and a flight instructor 

certificate with an instrument rating. 

The two commenters noted that if the 

aircraft is not type-certificated to enable 

IFR operations, the flight instructor 

certificate with instrument rating and 

instrument rating in the aircraft type 

will not be required. In sum, NBAA and 

CAE recommended that the FAA should 

continue the long-time policy that 

training center instructors do not need 

to hold the flight instructor certificate or 

flight instructor certificate with 

instrument rating provided they hold an 

ATP certificate. 

The FAA agrees with NBAA and CAE 

that part 142 does not always require a 

flight instructor certificate or a flight 

instructor certificate with an instrument 

rating to instruct,311 and this final rule 

does not change the status quo expected 

of part 142 instructors outside of the 

previously discussed revisions in 

§ 142.47(a)(5), which do not involve 

flight instructor certificate requirements. 

Specifically, this final rule continues to 

uphold the requirements of § 142.47, as 

discussed herein. In other words, if 

instructing in an FSTD for any 

curriculum, a part 142 instructor is not 

required to hold a flight instructor 

certificate. However, under 

§ 142.47(a)(3), a training center 

instructor providing training in an 


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312 **IBR RULE CITATION** 

313Should information become available during 

the pendency of the SFAR revealing a certain task 

or element in the ACS as inapplicable to all 

powered-lift, the FAA could revise the ACSs 

through the rulemaking process at that time. 

314The FSB is responsible for specification of 

minimum training, checking, currency, and type 

rating requirements, if necessary for U.S.- 

certificated civil aircraft. The Board members are 

drawn from the FAA’s operations personnel (AED, 

headquarters, and Flight Standards field offices). 

See AC 120–53 as revised, Guidance for Conducting 

and Use of Flight Standardization Board 

Evaluations. 

315The FAA understands there may be a scenario 

in which the type certification and FSB processes 

reveal additional tasks are necessary for certain 

powered-lift type ratings based on the poweredlift’s unique characteristics. Should the FSBR and 

type certification process reveal any additional 

tasks that are not accounted for in the ACS but are 

essential to the safe operation of the specific type 

of powered-lift, the FAA may set forth these tasks 

in a type-specific appendix to the powered-lift 

ACSs, which would be incorporated by reference 

under § 61.14 and appendix A to part 61 in 

accordance with the Administrative Procedure Act. 

aircraft in flight must be qualified in 

accordance with subpart H of part 61, 

which includes the requirement to hold 

a flight instructor certificate. As with 

training in flight in airplanes and 

rotorcraft conducting at a part 142, flight 

training in a powered-lift in flight will 

require the part 142 instructor to hold 

a flight instructor certificate with the 

appropriate ratings. 

H. Practical Tests 

1. Practical Test Equipment and Waiver 

Authority 

Section 61.43 provides the general 

procedures for a practical test. The FAA 

recently completed a rulemaking that 

amended § 61.43 to incorporate the 

PTSs and ACSs by reference (IBR).312

The rule revised § 61.43(a)(1) to 

delineate successful completion of the 

practical test as performing the tasks 

specified in the areas of operation 

contained in the applicable ACS or PTS. 

As it pertains to powered-lift, the FAA 

incorporated six powered-lift ACSs into 

part 61: (1) ATP and Type Rating for 

Powered-Lift Category, (2) Commercial 

Pilot for Powered-Lift Category, (3) 

Private Pilot for Powered-Lift Category, 

(4) Instrument Rating—Powered-Lift, (5) 

Flight Instructor for Powered-Lift 

Category, and (6) Flight Instructor 

Instrument for Powered-Lift Category. 

The six powered-lift ACSs specify the 

tasks within the given areas of operation 

that must be accomplished for purposes 

of receiving a powered-lift category 

rating, type rating, and/or instrument 

rating. 

Correspondingly, § 61.45 sets forth the 

required aircraft and equipment for a 

practical test. Specifically, § 61.45(b) 

stipulates the equipment, other than 

controls, required of an aircraft used on 

the practical test and allows the use of 

an aircraft with operating characteristics 

that preclude the applicant from 

performing all the tasks for the practical 

test. However, when an applicant for a 

certificate or rating is unable to perform 

a required task due to aircraft 

capabilities, an appropriate limitation is 

placed on the applicant’s certificate or 

rating. This limitation ensures the pilot 

cannot act as PIC of an aircraft that has 

capabilities that are inconsistent with 

the limitation on the pilot’s certificate 

until the pilot satisfactorily 

demonstrates the task they have not 

performed. 

Because the FAA will require that all 

pilots seeking to act as PIC of a 

powered-lift hold a type rating on their 

pilot certificate for the type of poweredlift they intend to operate, no need 

exists for a limitation should the 

powered-lift be precluded from 

performing a task in an ACS. Therefore, 

the FAA proposed § 194.207(a) to 

permit an applicant to use a poweredlift that is precluded from performing all 

of the tasks required for the practical 

test without receiving a limitation on 

the applicant’s certificate or rating. This 

would not adversely affect safety 

because the type-rated pilot could not 

act as PIC of a different powered-lift 

type that may perform untested task 

without completing another practical 

test in that type of powered-lift first, 

thereby demonstrating proficiency on 

the task that had been waived on the 

prior practical test. 

As stated in the NPRM, because there 

are currently no type-certificated 

powered-lift, the FAA did not have the 

requisite information to determine 

which tasks might be deemed 

prohibited, unsafe, or uncapable of 

being performed during the aircraft 

certification and evaluation processes to 

delineate such tasks in the proposed 

SFAR, nor was that information 

available for the IBR rule in the 

adoption of the six powered-lift ACSs. 

One commenter addressed the FAA’s 

inability at this time to identify which 

tasks a powered-lift would be precluded 

from performing, suggesting that the 

FAA could address this information gap 

by speaking with the cadre of V–22, 

AW–609, V–280, F–35 and AV–8 test 

pilots and engineers via working groups. 

As discussed in section V.B. of this 

preamble, the U.S. Armed Forces 

maintains and uses some of the 

powered-lift referenced by the 

commenter in military operations. 

However, no surplus military poweredlift have come into civil operations 

through the special airworthiness 

certification process nor does the FAA 

anticipate surplus military powered-lift 

to enter civil operations in the near 

term. Additionally, military aircraft may 

maintain certain characteristics that are 

unique to U.S. Armed Forces missions 

but are omitted in civilian powered-lift. 

For example, military powered-lift are 

used for applications ranging from troop 

and supply transport to attack 

operations. The technology, operating 

characteristics, and flight control 

implementation in military powered-lift 

may not correspond to the civilian 

operations anticipated for FAA type 

certificated powered-lift that are 

currently in development. Therefore, 

the information that may be gained by 

an inquiry into a specific military 

powered-lift and their operations will 

likely not result in meaningful or utile 

insights for determining appropriate 

tasks to use or exclude in ACS 

development. 

The FAA notes that this information 

continues to be unavailable to warrant 

making any permanent change to the 

final rule or the powered-lift ACSs at 

this time.313 The FAA maintains that, 

because the tasks that a powered-lift 

may be incapable of performing and 

thus require waiver, as subsequently 

discussed, involve a fact-specific 

inquiry particular to a powered-lift type, 

the tailored type certification and FSB 

processes 314 are best suited to provide 

such information. Powered-lift types 

will be evaluated under the existing FSB 

process, which will determine the 

requirements for a pilot type rating, 

develop training objectives for the type 

rating, and conduct initial training for 

the manufacturer’s pilots and FAA 

inspectors. The FSB would identify the 

operational limitations for the poweredlift type and ascertain what tasks in the 

ACS are inapplicable.315 The FAA 

proposed to address training and testing 

on tasks a powered-lift is precluded 

from performing in §§ 194.207(b) and (c) 

and 194.239(a). The FAA did not 

receive comments on these provisions 

and adopts them as proposed, as 

subsequently summarized. 

Therefore, because § 61.43(a) requires 

a pilot to demonstrate all tasks within 

the applicable ACS, the waiver 

authority in § 194.207(b) will account 

for the tasks inapplicable to a specific 

type of powered-lift. Waived tasks will 

be set forth in the limitations section of 

a designee’s Certificate and Letter of 

Authority (CLOA) specific to each type 

of powered-lift in which the designee is 

authorized to conduct a practical test. 

To account for the requirement that 

an applicant for a certificate or rating 

must receive and log flight training on 


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316 §§ 61.107(a), 61.127(a). 

317The FAA does not find relief is needed in the 

case of a person who applies for an aircraft type 

rating added to an ATP certificate (or a type rating 

concurrently completed with an ATP certificate) 

because § 61.157(b) requires flight training from an 

authorized instructor on the areas of operation that 

apply to the aircraft type rating. 

318Under § 61.63(e)(1), an applicant for a type 

rating or a type rating in addition to an aircraft 

category and/or class rating who provides an 

aircraft that is not capable of the instrument 

maneuvers and procedures required on the practical 

test may apply for the type rating, but the type 

rating will be limited to ‘‘VFR only.’’ Section 

61.63(e)(1)(ii) sets forth how to remove the 

limitation. In this case, the applicant would only 

need to successfully accomplish two practical tests 

(e.g., the practical test for the powered-lift category 

rating and the practical test for a powered-lift type 

rating) because of the exception set forth in current 

§ 61.63(d)(1). 

319Under the current certification regime, a 

person seeking an airplane or helicopter type rating 

would normally already hold the required 

instrument rating. However, these persons could 

also seek to add the associated instrument rating at 

the same time as a type rating if they didn’t 

currently hold the associated instrument rating. In 

the case of an initial powered-lift certification the 

applicant would need to take the private or 

commercial test, the instrument rating test and the 

type rating test all at once. The SFAR removes the 

requirement to take all three tests at once, allowing 

the instrument rating to be taken at a later date. 

320The FAA notes that under current 

§ 61.133(b)(1), a person who applies for a 

commercial pilot certificate with a powered-lift 

category rating would receive a limitation if that 

person does not hold an instrument-powered-lift 

rating. The limitation would prohibit the 

Continued 

the applicable areas of operation that 

apply to the aircraft category and class 

rating sought,316 § 194.207(c) will 

relieve an applicant for a private pilot 

certificate or commercial pilot 

certificate with a powered-lift category 

rating concurrently with a powered-lift 

type rating 317 from the requirement to 

receive flight training on a task specified 

in an area of operation if the poweredlift is not capable of performing the task, 

provided the FAA has issued waiver 

authority for the task in accordance with 

the SFAR. 

Similarly, part 141 pilot schools align 

their curriculum content for the 

issuance of a commercial pilot 

certificate with a powered-lift category 

rating with the areas of operation in part 

61 via appendices to part 141. 

Therefore, under § 194.239(a), a part 141 

pilot school seeking approval of a 

course in a powered-lift resulting in a 

private or commercial pilot certificate 

will be permitted to waive training on 

a task specified in an area of operation 

if the powered-lift to be used in the 

course is not capable of performing the 

task and the FAA has issued waiver 

authority for that task in accordance 

with § 194.207(b). 

The FAA also recognized that waived 

tasks may create a unique situation for 

those pilots seeking to serve as SIC in 

powered-lift operations. Section V.C. of 

this preamble discusses SIC 

considerations. 

2. Permit Applicants To Take a 

Powered-Lift Type Rating Practical Test 

Without Concurrently Obtaining an 

Instrument-Powered-Lift Rating 

(§ 61.63(d)) 

Section 61.63(d) contains the 

eligibility requirements for a person 

seeking an aircraft type rating (on a 

certificate other than an ATP 

certificate), which would be directly 

applicable to powered-lift rating 

applicants. Specifically, § 61.63(d)(1) 

requires an applicant for an aircraft type 

rating or an aircraft type rating to be 

completed concurrently with an aircraft 

category rating to hold or concurrently 

obtain an appropriate instrument rating, 

except as provided in § 61.63(e). 

Additionally, § 61.63(d)(4) requires the 

applicant to perform the type rating 

practical test in actual or simulated 

instrument conditions, except as 

provided in § 61.63(e). Under § 61.63(e), 

an applicant who provides an aircraft 

that is not capable of the instrument 

maneuvers and procedures required on 

the practical test may apply for the type 

rating or a type rating in addition to the 

category rating, but the type rating will 

be limited to ‘‘VFR only.’’ The NPRM 

proposed two circumstances under 

which the applicant should not be 

required to hold or concurrently obtain 

an appropriate instrument rating, 

subsequently discussed. 

i. Applicants for an Initial Powered-Lift 

Type Rating To Be Obtained 

Concurrently With a Powered-Lift 

Category Rating 

The FAA proposed, and adopts in this 

final rule, that all powered-lift would 

require a type rating to operate, as 

discussed in section V.A. of this 

preamble. Under the FAA’s current 

certification framework, an applicant for 

a powered-lift type rating would 

normally be required to take three 

practical tests concurrently: the 

practical tests for (1) a powered-lift type 

rating, (2) powered-lift category rating, 

and (3) an instrument-powered-lift 

rating because there would be no 

powered-lift for which a type rating is 

not required (i.e., allowing the pilot to 

obtain a powered-lift category rating or 

instrument rating prior to the type 

rating).318 Therefore, to obtain all three 

ratings, the applicant would be required 

to satisfactorily complete three practical 

tests concurrently. The FAA did not 

propose any change that would allow an 

applicant to apply for their initial 

powered-lift type rating without 

concurrently obtaining a powered-lift 

category rating. Rather, the FAA 

proposed in § 194.211(b)(1) to enable an 

applicant to take the instrumentpowered-lift rating independent from 

the practical tests for the powered-lift 

category and type ratings. 

The FAA did not propose to amend 

§ 61.63(e), which sets forth the 

requirements for aircraft not capable of 

instrument maneuvers and procedures. 

Therefore, if a powered-lift is not 

capable of performing instrument 

maneuvers and procedures, an applicant 

for a type rating in that powered-lift 

may obtain a ‘‘VFR only’’ limitation in 

accordance with § 61.63(e). 

To provide flexibility consistent with 

that provided to applicants for an 

airplane or helicopter type rating,319 the 

FAA proposed § 194.211(b) to allow an 

applicant for a powered-lift type rating 

to take the type rating practical test 

independent of the practical test for the 

instrument-powered-lift rating. 

Proposed § 194.211(b)(2) would also 

relieve an applicant from being tested 

on the areas of operation listed in 

§ 61.157(e) that consist of performing 

instrument maneuvers and procedures 

in actual or simulated instrument 

conditions on the type rating practical 

test. As stated in the ATP and Type 

Rating for the Powered-Lift Category 

ACS, the applicant seeking a ‘‘VFR 

only’’ type rating would conduct tasks 

that are normally performed by 

reference to the instruments using 

visual references. Upon successful 

completion of the practical test for the 

type rating, the applicant would receive 

the powered-lift type rating with a ‘‘VFR 

only’’ limitation on their pilot 

certificate. 

The purpose of issuing the ‘‘VFR 

only’’ type rating to an applicant who is 

applying for a powered-lift type rating 

concurrently with a powered-lift 

category rating is to reduce the burden 

on the applicant by enabling them to 

take the instrument rating practical test 

at a later date. Because the applicant 

will have obtained the 3 hours of flight 

training in preparation for the 

instrument rating practical test within 

the 2 calendar months preceding the 

month of the practical test for the type 

rating and category rating, the FAA 

found it reasonable to propose 

§ 194.211(b)(3) to require the applicant 

to obtain the instrument-powered-lift 

rating and remove the ‘‘VFR only’’ 

limitation for the type rating within 2 

calendar months from the month in 

which the applicant passes the type 

rating practical test.320 Under 


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commercial pilot from carrying passengers for hire 

in powered-lift on cross-country flights in excess of 

50 nautical miles or at night. 

321For example, a person would be required to 

perform precision approach procedures on both the 

instrument rating practical test and the type rating 

practical test. The draft Instrument Rating— 

Powered-Lift ACS requires the applicant to perform 

the precision approach procedure and to maintain 

a stabilized final approach from the final approach 

fix (FAF) to DA/DH allowing no more than 3⁄4-scale 

deflection of either the vertical or lateral guidance 

indications and maintain the desired airspeed ±10 

knots. The draft ATP or Type Rating Powered-Lift 

Category ACS also requires the applicant to perform 

the precision approach procedure, but to a higher 

standard (i.e., the applicant must maintain a 

stabilized final approach from the Final Approach 

Fix (FAF) to DA/DH allowing no more than 1⁄4-scale 

deflection of either the vertical or lateral guidance 

indications and maintain the desired airspeed ±5 

knots). 

322The areas of operation for a person seeking a 

powered-lift type rating are contained in 

§ 61.157(e). A person who holds a type rating with 

a ‘‘VFR only’’ limitation is required to pass the 

portion of the type rating practical test that includes 

the instrument maneuvers and procedures (e.g., the 

portion of the practical test that was not previously 

completed). Therefore, only certain areas of 

operation listed in § 61.157(e) are appropriate. The 

ATP and Type Rating for Powered-Lift Category 

ACS specifies which areas of operation and which 

tasks must be completed for the removal of a ‘‘VFR 

only’’ limitation. 

323See also § 61.157(b)(3). 

324 GAMA formally resubmitted a letter sent to 

the FAA on July 21, 2022, where GAMA provided 

recommendations for the FAA to consider. In 

reference to existing § 61.3(e)(1) through (4), GAMA 

suggested that an appropriate instrument rating 

should include either an airplane or helicopter 

instrument rating plus type specific instrument 

training. Due to the wide variety of aircraft within 

the powered-lift category, GAMA recommended 

that type ratings should have a VFR only operating 

limitation unless the approved course of training is 

certified by the authority to include IFR operations 

and VFR On-top. A VFR only operating limitation 

should be attached to the applicable powered-lift 

type rating. Recent instrument flight experience 

must be maintained in the type. GAMA also 

recommended the exact same reasoning for 

allowing for a VFR type and noted §§ 61.57 and 

61.58. See FAA–2023–1275–0086 Attachment 

GAMA23–45A1-Recommendations-Powered-LiftSFAR–220721. 

§ 194.211(b)(5), if a person does not 

remove the limitation within 2 calendar 

months from the month in which the 

person completed the type rating 

practical test, then the powered-lift type 

rating for which the ‘‘VFR only’’ 

limitation applies will become invalid 

for use until the person removes the 

limitation in accordance with 

§ 194.211(b)(4) (i.e., the person may no 

longer exercise the privileges associated 

with the type rating and the ‘‘VFR only’’ 

limitation). 

To remove the ‘‘VFR only’’ limitation, 

proposed § 194.211(b)(4) would require 

the pilot to: (1) pass an instrument 

rating practical test in a powered-lift in 

actual or simulated conditions, and (2) 

pass a practical test in the powered-lift 

for which the ‘‘VFR only’’ limitation 

applies on the appropriate areas of 

operation listed in § 61.157(e) that 

consist of performing instrument 

maneuvers and procedures in actual or 

simulated instrument conditions. The 

FAA recognized that there would exist 

several overlapping tasks required for an 

instrument rating and the instrument 

tasks required for a type rating in order 

to remove the ‘‘VFR only’’ limitation. 

Therefore, proposed § 194.211(d) 

permits the pilot to perform the task a 

single time provided it is performed to 

the highest standard required for the 

task.321

The proposed language in 

§ 194.211(b)(4) concerning the 

completion of the type rating practical 

test differs slightly from the language in 

§ 61.63(e)(1)(ii)(B), in that it permits a 

person to remove a ‘‘VFR only’’ 

limitation for that aircraft type after the 

applicant passes a practical test in that 

type of aircraft on the appropriate 

instrument maneuvers and procedures 

in § 61.157. The FAA’s proposed 

language in § 194.211(b)(4) clarifies that 

the cross-reference to § 61.157 refers to 

the areas of operation of which the 

practical test for a type rating is 

comprised (i.e., specifically the areas of 

operation listed in § 61.157(e)(3)).322

Furthermore, the FAA notes that, 

pursuant to § 61.63(d)(4), the type rating 

practical test must be performed in 

actual or simulated instrument 

conditions. For consistency with current 

§ 61.63(d)(4), proposed 

§ 194.211(b)(4)(ii) would make clear that 

the practical test required to remove the 

‘‘VFR only’’ limitation for a powered-lift 

type rating, which is a component of the 

powered-lift type rating practical test, 

must be completed in actual or 

simulated instrument conditions.323

To note, the FAA did not propose to 

amend § 61.63(d)(1). Rather, § 194.211 

simply adds an option in the SFAR for 

applicants to take the instrument rating 

practical test separate from the practical 

tests for a powered-lift type rating and 

a powered-lift category rating. Thus, 

applicants for a powered-lift type rating 

would still have the option to take all 

three practical tests concurrently 

pursuant to § 61.63(d)(1). 

The FAA received several comments 

on this proposed framework. 

GAMA,324 CAE, Eve, and a Joint letter 

from AOPA, GAMA, HAI, NATA, 

NBAA, and VFS largely opposed the 

FAA’s proposal, noting that the SFAR 

effectively creates a powered-lift 

instrument rating requirement by 

requiring the ‘‘VFR Only’’ limitation to 

be removed within 2 calendar months. 

Although CAE, Eve, and the joint letter 

commenters generally supported the 

option for a private pilot to retain the 

VFR only limitation, they specifically 

opposed the requirement for a pilot to 

remove this rating in order to continue 

to exercise commercial pilot privileges, 

citing that proposal was inconsistent for 

pilots exercising the privileges of a 

private or commercial pilot certificate if 

the pilot were not operating under IFR 

rules. To support their position, these 

commenters noted that certain 

helicopter pilots conducting VFR only 

operations under part 135 are not 

required to hold an instrument rating in 

accordance with § 135.243(b)(4). CAE 

and the joint commenters drew parallels 

that because powered-lift have vertical 

takeoff and landing capabilities, they 

should also not be required to have an 

instrument rating. These commenters 

argued that a type rating practical test 

would also mitigate any concerns 

because the ATP ACS would ensure that 

the pilot would have enough instrument 

training and proficiency specific to the 

powered-lift type in which the rating is 

sought. 

CAE specifically argued that a 

separate instrument-powered-lift rating 

is unnecessary since many instrument 

skills and knowledge items are agnostic 

to the aircraft category in which they 

take place. CAE also argued that the 

safety objective for VFR only items is to 

exit inadvertent IMC conditions in 

which an airplane or helicopter 

instrument rating would be sufficient to 

prepare a pilot for in a powered-lift. 

They also argued that under current 

regulations, an airplane instrument 

rating serves as an instrument rating for 

glider pilots in accordance with 

§ 61.3(e)(3). L3Harris echoed this 

sentiment and recommended the FAA 

allow for an instrument rating held in 

any category to be sufficient so long as 

a pilot holds an airplane category rating 

with instrument-airplane or instrumenthelicopter rating. FSI recommended the 

FAA delete the VFR only requirement 

for a commercial pilot seeking a 

powered-lift rating because it is too 

restrictive and would not allow the pilot 

to build time and experience in the 

aircraft. They further suggested that the 

pilot would continue to build valid 

experience while operating in VFR 

conditions. 

First, the FAA notes that currently a 

private pilot that receives a type rating 

on an airplane that requires a type rating 

(large or turbojet powered), for example, 

must either hold an instrument rating or 

concurrently receive an instrument 

rating at the time of the practical test in 

accordance with § 61.63(d). 

Additionally, if the aircraft is not 

capable of instrument maneuvers and 

procedures the applicant for a type 

rating may be issued a VFR only 


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325For powered-lift that are not large aircraft or 

turbojet-powered, the FAA intended to seek 

comment on whether it should consider allowing a 

pilot after the 2 calendar months had elapsed to 

continue to exercise commercial pilot privileges. 

Although the FAA errantly referenced private 

privileges in this solicitation for comment, the 

commenters widely commented on what the FAA 

intended to seek comment on and thoroughly 

commented on whether the FAA should allow for 

the limitation to be removed, with emphasis on 

allowing for the holder of a commercial pilot 

certificate to indefinitely hold a VFR only rating 

during commercial operations. 

326 79 FR 9932, 9957 (Feb. 21, 2014), adding 

§ 135.603 requiring an instrument rating for 

helicopter ambulance pilots. 

327According to the U.S. Helicopter Safety Team 

(USHST) data, the count of U.S. fatal helicopter 

accidents by calendar year where due to IIMC was 

assigned as the single ‘‘priority’’ occurrence 

category in the event. For context, in the 10 years 

from 2009–2018, IIMC was the 3rd highest 

occurrence category, accounting for about 15% of 

the U.S. fatal helicopter accidents. Among all 

occurrence categories, it only trailed (1) Loss of 

Control—Inflight (22%) and (2) Low Altitude 

Operations Object Strikes (19%). 

328 Kailua Neighborhood Board commented to the 

rule regarding concerns with tour helicopters and 

other small aircraft increasing operations over 

densely populated areas causing concern for public 

safety. The neighborhood board urged the FAA to 

consider NTSB recommendations for Air Tour 

Companies operating under 14 CFR part 135. While 

the FAA finds global changes to air tours out of 

scope of this rulemaking, the FAA does note that, 

as described in this section, pilots operating air 

tours in powered-lift will be required to hold an 

instrument rating as part of this SFAR. 

329The USHST is a volunteer group of US 

government and industry stakeholders formed in 

2013 to improve the safety of civil helicopter 

operations. Its efforts include analyzing NTSB 

helicopter accident data, assigning a single 

occurrence category to best characterize each event, 

and using the results of its analysis to prioritize 

intervention strategies to reduce fatal accidents 

(USHST 2017). The USHST’s most recent analysis 

included data from 198 fatal helicopter accidents 

between 2009 and 2018. Although this review 

ranked inadvertent flight into IMC (also referred to 

internationally as unintended flight into IMC) as the 

third-most common category, the USHST noted that 

inadvertent flight into IMC may be the precursor to 

accidents involving in-flight loss of control (which 

ranked first), low-altitude operations (which ranked 

second), or CFIT (which ranked fifth) (USHST 

2021b). During a previous review (which included 

data between 2009 and 2013), inadvertent flight 

into IMC ranked second (USHST 2017). 

limitation in accordance with § 61.63(e). 

The FAA also contends that the 

proposed regulation aligns with the 

status quo for private pilots expected to 

receive a type rating and notes that 

§ 194.209(c) allows for a private pilot to 

indefinitely hold a VFR only rating on 

his or her pilot certificate. 

The FAA disagrees that allowing for 

a pilot seeking to operate a powered-lift 

during commercial revenue operations 

to indefinitely 325 hold a VFR only 

limitation would be in the interest of 

safety. Furthermore, as discussed in 

section V.J.5.ii. of this preamble, the 

FAA has determined that an instrument 

rating is necessary in VFR powered-lift 

operations to ensure that the pilot has 

the necessary knowledge and skills to 

safely navigate and exit an emergency 

involving an inadvertent instrument 

meteorological condition (IIMC). In 

general, many accidents result when 

pilots who lack the necessary skills or 

equipment to fly in marginal VMC or 

IMC attempt flight without outside 

references. 

When considering the capabilities of 

a powered-lift, the FAA notes that, 

similar to a helicopter, a powered-lift 

has the ability to conduct off airport 

operations. Therefore, a pilot operating 

a powered-lift would encounter the 

similar situations leading to IIMC when 

operating a powered-lift in off-airport 

operations. As it has previously found 

with helicopter ambulance 

operations,326 the FAA has determined 

that a pilot operating a powered-lift who 

receives an instrument rating is better 

equipped to maintain situational 

awareness and maneuver a powered-lift 

into a safe environment when 

encountering IIMC. Moreover, as further 

discussed in section V.L. of this 

preamble, the FAA noted the cruise 

profile and its similarities in speed and 

operation to an airplane. Further, the 

FAA recognized that although 

helicopter operations are permitted with 

pilots who do not hold an instrument 

rating, helicopters that experience IIMC 

account for 15% of fatal accidents 

behind inflight loss of control and low 

altitude operations object strikes.327

High profile accidents involving Hawaii 

Air Tour operations 328 have most 

recently resulted in many 

recommendations made by the NTSB to 

the FAA and the USHST, and the FAA 

is considering future rulemaking in this 

area.329 Notably, because the 

requirement to hold an instrument 

rating or concurrently obtain one 

applies to aircraft requiring type ratings, 

it does not apply to helicopters that do 

not require a type rating. However, all 

powered-lift will require a type rating 

and, as such, the pilot will be required 

to hold an instrument-powered-lift 

rating unless, as previously stated, the 

aircraft is not capable of instrument 

maneuvers and procedures. 

The FAA disagrees with commenters 

that suggested that holding any 

instrument rating should be sufficient 

and that an instrument rating specific to 

powered-lift is unnecessary. For reasons 

similar to those discussed in section 

V.F.2. of this preamble regarding the 

necessity of a powered-lift category 

rating, the FAA finds that an instrument 

rating specific to powered-lift category 

is necessary to ensure the applicant is 

sufficiently qualified to perform 

instrument flight procedures in a 

powered-lift. 

Section 194.215(a) requires persons 

seeking to meet the alternate 

requirements for a powered-lift category 

rating to hold an instrument-airplane or 

-helicopter rating ensuring these 

persons have experience operating an 

airplane or helicopter under IFR and 

have demonstrated proficiency on the 

instrument rating practical test. These 

prerequisites for the alternate pathway 

ensure that the initial cadre of poweredlift pilots have a solid foundational skill 

set and extensive experience prior to 

adding powered-lift ratings to their 

commercial pilot certificate. While these 

prerequisites ensure the foundational 

skills and extensive experience, holding 

an instrument-airplane rating or an 

instrument-helicopter rating does not 

ensure that an applicant seeking to meet 

the alternate pathway requirements has 

the necessary skills to proficiently 

accomplish instrument procedures in a 

powered-lift specifically. 

While there is some overlap in the 

practical tests for instrument-airplane 

ratings and instrument-helicopter 

ratings, there are also some significant 

differences that would result in a ‘‘gap’’ 

in the knowledge, skills and experience 

of pilot operating a powered-lift if a 

powered-lift pilot were permitted to 

hold ‘‘any’’ instrument rating. For 

example, an airplane pilot may be 

required to perform a circling approach 

to landing (i.e., the pilot is not 

approaching the runway to which they 

were performing the instrument 

approach straight on). As a result, that 

pilot is required to fly the instrument 

procedures to higher minimums 

(visibility and cloud clearance) because 

the maneuver must be performed with 

reference to the airport environment and 

increases pilot workload. A helicopter 

pilot is not tested on this maneuver on 

the instrument rating test because they 

are not subject to the same situation of 

high-speed approaches, and helicopters 

do not need a runway as they are 

capable of landing on the ramp. If a 

powered-lift pilot held only an 

instrument-helicopter rating, this would 

result in a gap in experience and 

proficiency in instrument approaches 

for powered-lift which are capable of 

runway approaches. 

As another example, unusual attitude 

recoveries are unique to each category of 

aircraft and are tested in each when an 

applicant seeks an instrument rating in 

a new category other than what is held 

on their pilot certificate. Nose-high 

attitudes present the pilot with a 

decreasing airspeed and nose-high 

attitude which if not corrected could 

result in adverse conditions or even loss 

of control in instrument conditions. 

This situation requires different 


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330 34 FR 6484. 

331 37 FR 14239. 

332The FAA notes that if a powered-lift is 

equipped according to § 91.205(d), it would be 

capable of performing instrument maneuvers and 

procedures required under the instrument practical 

test, even if the powered-lift is not certified for IFR 

or certain IFR-specific functions are disabled. 

333Although the FAA is taking a similar approach 

in § 142.47 to delineate changes similar to the 

commenter’s suggestion, the FAA is not taking that 

same approach here in the interest of safety. If an 

applicant was receiving instruction in an aircraft, 

they would need to hold pilot certificates in 

accordance with part 61. Section 142.47 narrowly 

applies to personnel giving instruction in a 

simulator under different parameters. The FAA 

chose not to alter according to Eve’s suggestion and 

continue with the current regulatory framework 

provided for in § 61.63(d)(1). 

instrument procedures to be performed 

depending on the aircraft being 

operated. In an airplane, the pilot must 

apply forward elevator pressure to lower 

the nose and prevent a stall while 

simultaneously increasing power and 

leveling the wings. If this airplane 

recovery procedure were attempted in a 

helicopter experiencing nose-high 

attitude, it would place the helicopter in 

a potentially hazardous situation. 

Applying abrupt forward cyclic to 

correct the attitude without 

consideration could put the helicopter 

in a Low G condition which in certain 

helicopter rotor systems results in a 

catastrophic mast bumping situation 

that is often deadly. 

In a helicopter, the recovery 

procedure for a nose high unusual 

attitude requires the pilot to correct the 

bank and pitch simultaneously while 

avoiding applying abrupt forward cyclic 

to correct the attitude. Since a poweredlift is a hybrid aircraft, an unusual 

attitude recovery might look like the 

recovery in an airplane; however, it 

might also look like an unusual attitude 

recovery in a helicopter. Alternatively, 

it may look completely different 

depending on the powered-lift’s 

capabilities. Given this, the practical 

test for an instrument-powered-lift 

rating encompasses the necessary tasks 

specific to a powered-lifts operational 

capabilities and requires a pilot 

operating a powered-lift under IFR to 

demonstrate the proficiency in 

instrument procedures applicable to 

powered-lift. Moreover, the FAA 

recognizes that a person would 

encounter several overlapping tasks 

when taking the powered-lift type rating 

practical test and the instrumentpowered-lift rating practical test 

concurrently. Given this, as discussed, 

the FAA permits in 194.211(d) an 

applicant person to perform overlapping 

tasks on the powered-lift type rating 

practical test and the instrumentpowered-lift rating practical test a single 

time provided the task is performed to 

the highest standard required for the 

task. Therefore, when the tests are taken 

concurrently, there are minimal extra 

tasks that an applicant must perform. 

Additionally, the FAA disagrees with 

commenters suggesting FAA had 

precedent in recognizing instrument 

ratings for another category because of 

the requirements of § 61.3(e)(3) 

(permitting a person to act as PIC of a 

glider under IFR or in weather 

conditions less than the minimums 

prescribed for VFR flight if the pilot 

holds, among other requirements, an 

instrument-airplane rating). The FAA 

proposed a ‘‘glider cloud-flying rating’’ 

in 1969 330 because advocate groups 

requested the FAA to more easily 

facilitate cloud flights by glider pilots. 

The FAA proffered that the operation of 

a glider within the clouds differs from 

instrument operations in powered 

aircraft and held that ‘‘glider cloudflying’’ primarily only utilized the 

vertical components associated with a 

cloud formation to sustain flight within 

the clouds or to gain altitude for the 

continuance of a VFR gliding flight. The 

FAA noted that navigation by reference 

to instruments or radios aids would not 

normally be involved. The FAA further 

stipulated that, although it was trying to 

relieve a perceived burden by requiring 

a ‘‘full instrument rating,’’ instrument 

operations in powered aircraft were far 

more complex than what glider cloud 

flying would entail. The glider pilot 

would only be concerned with attitude 

and speed control, whereas the pilot of 

a powered aircraft is concerned with 

other matters such as navigation, 

position reporting, altitude control, 

power settings, holding procedures, 

instrument letdown, and instrument 

approaches. Although the FAA 

proposed these requirements, the FAA 

later withdrew the proposal.331

The FAA disagrees that comparing 

credit of an instrument rating in the 

glider scenario is a basis for granting 

relief from a powered-lift instrument 

rating. A powered-lift is a powered 

aircraft and would not be utilizing this 

approach to gain altitude to continue on 

to VFR gliding flight. An instrument 

rating would be sufficient in the 

circumstances currently permitted 

around § 61.3(e)(3) but not those in 

which commenters were stipulating that 

were applicable to powered-lift. 

Another commenter suggested that 

the requirement to remove the VFR only 

restriction within 2 calendar months is 

too restrictive. The FAA disagrees with 

this as normally an applicant would be 

required to meet all experience 

requirements and receive the instrument 

rating simultaneously with the type 

rating. The purpose of allowing the two 

months to acquire the instrument rating 

is to provide some relief for the pilot 

applicant so they do not have to take an 

initial category, instrument, and type 

rating practical test at the same time. 

Eve suggested that the requirement to 

remove the VFR limitation should not 

be applicable to commercial pilots and 

that they should be able to operate 

powered-lift VFR only. 

As noted in section V.H.2.i of this 

preamble, the FAA provided this relief 

to allow an applicant to accomplish the 

powered-lift instrument rating at a later 

date. As discussed in section V.A. of 

this preamble, all powered-lift will 

require a type rating and therefore be 

subject to holding an instrument rating. 

In limited circumstances where the 

powered-lift is not capable of 

instrument maneuvers and procedures, 

the FAA notes that, as with other 

categories of aircraft, § 61.63(e) does not 

require an instrument rating when a 

type rating is sought in an aircraft that 

is not capable of instrument maneuvers 

and procedures. If an applicant uses a 

powered-lift that is not capable of 

instrument maneuvers and procedures 

for a practical test, then that applicant 

will receive a VFR only limitation that 

does not need to be removed as 

specified in § 61.63(e).332

Eve further suggested an amendment 

to § 61.63 that would only require those 

who are applying for a type rating in a 

turbojet powered or large aircraft to hold 

an instrument rating.333 The FAA 

disagrees with this suggested change; an 

aircraft that requires a type rating and is 

not turbojet powered or large but is 

complex and fully capable of operating 

under IFR should require a pilot who 

operates this aircraft to hold an 

instrument rating for that category of 

aircraft to ensure a standard level of 

competence and safety across all typerated aircraft operating in the NAS. 

Eve commented further that, because 

some aircraft will be limited in range 

and endurance, a powered-lift may be 

limited in such a way that it wouldn’t 

be practically or operationally capable 

of instrument maneuvers or procedures 

required on the practical test even 

though it may be equipped to do so. Eve 

suggested a change to § 61.64(f)(1) to 

alter the requirements to complete an 

instrument approach only to those 

aircraft capable of instrument flight. The 

FAA finds that this concept is 

contradictory. Specifically, Eve details 

that the aircraft is equipped for 

instrument flight but limited to VFR 

only by the AFM. The aircraft’s 

operational limitations in the AFM are 


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334A private pilot has limited privileges 

compared to a commercial pilot. Current 

§ 61.113(a), which sets forth private pilot privileges 

and limitations, serves as a sufficient safeguard to 

ensure an appropriate level of safety. Specifically, 

a person who holds a private pilot certificate is 

generally prohibited from acting as PIC of an 

aircraft that is operating for compensation or hire, 

or that is carrying passengers or property for 

compensation or hire. Therefore, a private pilot 

with a ‘‘VFR only’’ type rating would not be 

permitted to operate the powered-lift for 

compensation or hire or carry persons or property 

for compensation or hire. 

335To be eligible for a type rating practical test, 

a pilot must receive training on the areas of 

operation listed in § 61.157(e) that apply to the 

aircraft type rating. §§ 61.63(d)(2) and 61.157(b). 

The detailed tasks associated with each area of 

operation are provided in the applicable ATP and 

Type Rating ACS. 

336The FAA inadvertently proposed regulatory 

language that would have revised § 61.64(a)(1). This 

proposed language is not adopted in the final rule 

as the proposal was erroneous. 

not pertinent to the practical test. For 

example, a Robinson R–44 helicopter 

can be equipped with the necessary 

avionics to successfully complete an 

instrument rating practical test. 

However, this aircraft is not IFRcertified and may not be operated under 

IFR or in weather conditions less than 

the minimums prescribed for VFR (i.e., 

IMC). 

This situation is no different for a 

powered-lift which is equipped for 

instrument flight but operationally 

limited. The practical test could be 

completed, and an instrument rating 

issued in the aircraft even though it 

could never be operated under IFR. 

Additionally, the FAA notes that many 

powered-lift will seek to operate on 

expedited departures in which the 

frequency of departure dictates a 

‘‘departure procedure’’ to ensure 

separation of aircraft. This skill is 

congruent with that required of a pilot 

who holds an instrument rating and is 

capable of conducting these maneuvers 

with proficiency. 

Finally, Archer requested the FAA 

clarify what ‘‘not capable of instrument 

maneuvers and procedures means.’’ 

Section 61.45(d) states: ‘‘[a]n applicant 

for a practical test that involves 

maneuvering an aircraft solely by 

reference to instruments must furnish: 

(1) equipment on board the aircraft that 

permits the applicant to pass the areas 

of operation that apply to the rating 

sought; and (2) a device that prevents 

the applicant from having visual 

reference outside the aircraft, but does 

not prevent the examiner from having 

visual reference outside the aircraft, and 

is otherwise acceptable to the 

Administrator.’’ For further clarification 

an applicant would then review the 

required approaches and maneuvers 

required by the applicable ACS for the 

instrument rating sought. For example, 

the Instrument Rating Powered-Lift ACS 

requires the applicant to complete two 

different non-precision approaches and 

a precision approach. If the aircraft does 

not have the equipment installed to 

conduct those approaches, it would not 

meet the requirements. It would be 

impossible to codify in the regulation 

the exact equipment necessary to 

complete an instrument rating practical 

test due to the various avionics 

installations and broad number of 

approach types available. 

ii. Obtaining Powered-Lift Type Ratings 

With ‘‘VFR Only’’ Limitations on a 

Private Pilot Certificate 

In light of the current regulatory 

framework for private pilots with 

airplane and helicopter ratings, the 

limited privileges associated with the 

private pilot certificate, and the 

underlying reasons for requiring type 

ratings for all powered-lift, the FAA 

proposed in § 194.211(b)(6) to except 

certain private pilots from the 

requirement to remove the ‘‘VFR only’’ 

limitation set forth in proposed 

§ 194.211(b)(3). Specifically, a private 

pilot who obtains a ‘‘VFR only’’ type 

rating for a powered-lift that is less than 

(or equal to) 12,500 pounds maximum 

certificated takeoff weight and not 

turbojet-powered would not be required 

to remove the ‘‘VFR only’’ limitation 

within the 2-calendar month time 

period (or any specific time frame).334

In addition to proposing an exception 

in proposed § 194.211(b)(6) that would 

enable private pilots of certain poweredlift to retain the ‘‘VFR only’’ type rating 

indefinitely, the FAA proposed 

§ 194.211(c)(1), which would allow for 

these private pilots to obtain additional 

‘‘VFR only’’ type ratings on their private 

pilot certificates, provided the poweredlift are not large or turbojet-powered. 

Consistent with current § 61.63(d)(4) 

and (e) and proposed § 194.211(b)(2), 

the applicant would not be required to 

perform the VFR only type rating 

practical test in actual or simulated 

instrument conditions. 

While the FAA did not propose to 

require private pilots to remove ‘‘VFR 

only’’ limitations when those 

limitations apply to powered-lift that 

are not large aircraft and not turbojetpowered, the FAA proposed rule 

language that would provide these 

private pilots with the option to do so. 

A private pilot would remove the ‘‘VFR 

only’’ limitation in the same manner as 

discussed in this section (i.e., through 

proposed § 194.211(b)(4)). 

Outside of comments pertaining to the 

VFR Only limitation as already 

addressed, the FAA did not receive 

comments on § 194.211, the FAA adopts 

the section as proposed. 

iii. Clarification of Requirements for a 

Practical Test in an Aircraft That 

Requires a Type Rating 

The FAA proposed to clarify certain 

regulations to clearly communicate that 

a person may not furnish an aircraft that 

requires a type rating (or an FSTD 

representing an aircraft requiring a type 

rating) for the practical test without 

meeting the eligibility requirements for 

a type rating 335 and applying for a type 

rating (unless the person already holds 

the type rating).336 These amendments 

prevent situations where applicants 

seek category or class ratings in an 

aircraft that requires a type rating (or 

corresponding FSTD) without fully 

demonstrating mastery of the aircraft 

furnished for the practical test. The 

proposal included amendments in part 

61 to §§ 61.39(a)(3), 61.43(g), and 

61.47(d). 

First, the FAA proposed to revise 

paragraph § 61.39(a)(3), which requires 

a person applying for a practical test to 

meet the training and aeronautical 

experience for the certificate or rating 

sought through the creation of two 

subparagraphs: (i) and (ii). Section 

61.39(a)(3)(i) will retain the language in 

paragraph (a)(3). New subparagraph 

(a)(3)(ii) would require an applicant 

seeking an initial category and class 

rating, if a class rating is required, on a 

private, commercial, or ATP certificate 

in an aircraft that requires a type rating 

(or an FSTD that represents an aircraft 

that requires a type rating) to either 

meet the eligibility requirements for a 

type rating in that aircraft or already 

hold that type rating on the person’s 

pilot certificate. In other words, 

regardless of whether an applicant tests 

in an aircraft or tests in an FSTD, if the 

applicant furnishes an aircraft (or FSTD 

representing an aircraft) that requires a 

type rating for the practical test, then 

the applicant must be eligible for the 

type rating and apply for the type rating 

practical test unless the applicant 

already holds the type rating. 

Second, the FAA proposed new 

§ 61.43(g) to clarify that a practical test 

for an ATP certificate with category and 

class ratings (if a class rating is required) 

in an aircraft that requires a type rating, 

or in a corresponding FSTD, includes 

the same tasks and maneuvers as a 

practical test for a type rating. This 

proposed change would foreclose the 

concept that a lesser test can be 

administered for category and class 

ratings at the ATP certificate level. 

Third, the FAA proposed new 

§ 61.47(d) to restrict an examiner from 


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337The FAA notes that an examiner cannot 

conduct a practical test if the applicant does not 

meet the eligibility requirements for that certificate 

or rating. 

338 § 61.63(d). 

339See § 61.109(e)(5). 

340For example, when flying an airplane, the 

applicant will not encounter the vertical take-off 

and landing characteristics fundamental to a 

powered-lift (e.g., aerodynamics events such as 

effective translational lift and transverse flow effect 

that are specific to a rotor system transitioning from 

hovering to forward flight). 

341Specifically, under § 61.56(b), glider pilots 

may substitute a minimum of three instructional 

flights in a glider flight review with certain 

conditions in lieu of the one hour of flight training 

required for a flight review under § 61.56(a). 

Additionally, under § 61.159(b), when seeking an 

ATP certificate with an airplane category rating, a 

person who has performed at least 20 night takeoffs 

and landings to a full stop by substituting each 

additional night takeoff and landing to a full stop 

for 1 hour of night flight time to meet the 

requirement of § 61.159(a)(2) (100 hours of night 

flight time). 

conducting a practical test for the 

issuance of an initial category and class 

rating (if a class rating is required) in an 

aircraft that requires a type rating (or 

corresponding FSTD) to an applicant 

who does not already have the type 

rating unless, first, the applicant meets 

the eligibility requirements for a type 

rating 337 and, second, the practical test 

contains the tasks for a type rating 

specified for the areas of operation at 

the ATP certificate level. The FAA also 

proposed to revise the heading of 

§ 61.47 to more accurately describe the 

regulations set forth in the section. 

The NPRM specifically noted that, in 

the case of an airplane or rotorcraft, an 

applicant retains the option of 

furnishing an aircraft that does not 

require a type rating if the applicant 

seeks only category and class ratings. 

For powered-lift, which as proposed 

would all require type ratings, an 

applicant would be foreclosed from 

seeking a powered-lift category rating 

without concurrently obtaining a type 

rating. 

The FAA received one clarifying 

question pertaining to the trio of 

amendments. AIR VEV requested 

clarification regarding the language in 

§ 61.39 as to how it would be possible 

to hold a type rating prior to issuance 

of an initial category. The FAA notes 

this is not currently permitted through 

part 194 or other regulations. If a person 

seeks a type rating, it must be obtained 

concurrently with the associated 

category for which the type rating is 

applied.338 Therefore, an applicant for a 

type rating in a powered-lift will need 

to concurrently obtain the powered-lift 

category. The FAA proposed the 

verbiage in § 61.39(a)(3)(ii) to address a 

situation where a person would hold, 

for example, a commercial pilot 

certificate with a powered-lift category 

rating and type rating. The person then 

seeks an ATP certificate with a 

powered-lift category rating. The person 

would already hold the type rating on 

their commercial pilot certificate, which 

would meet the latter half of the 

regulation in question. 

I. Miscellaneous Amendments 

1. Aeronautical Experience for Private 

Pilot Applicants (§ 61.109(e)(5)) 

Section 61.109 provides the 

aeronautical experience requirements an 

applicant must meet to be eligible for a 

private pilot certificate specific to the 

respective category and class, if 

applicable, rating sought. For a 

powered-lift category rating, an 

applicant must meet the requirements in 

§ 61.109(e), which includes 10 hours of 

solo flight time in an airplane or a 

powered-lift.339 However, in light of the 

different operating capabilities of 

airplanes compared to powered-lift, the 

FAA concluded that the skills acquired 

during solo flight time in an airplane are 

not interchangeable with the skills 

acquired during solo flight time in a 

powered-lift, which are necessary to 

obtain proficiency.340 Therefore, the 

FAA proposed to amend § 61.109(e)(5) 

to require an applicant for a private 

pilot certificate with a powered-lift 

category rating to obtain 10 hours of 

solo flight time specifically in a 

powered-lift. In addition to providing an 

adequate level of safety, requiring the 

applicant to obtain solo flight time in 

the category of aircraft for which the 

rating is sought would ensure 

consistency with the aeronautical 

experience requirements in § 61.109 that 

apply to persons seeking airplane and 

helicopter ratings. The FAA adopts the 

revision to § 61.109(e)(5) as proposed 

and responds to comments in the 

following sections. 

First, HAI generally expressed that 10 

hours of solo time in each model of 

powered-lift is problematic for practical 

reasons and time should be allowed to 

be logged in a helicopter. The FAA 

notes that each PIC of a powered-lift 

must, as adopted by this final rule, have 

a type rating on their certificate, which 

will require training in the specific type 

of powered-lift the PIC seeks to operate. 

However, § 61.109(e) sets forth the 

requirements for a private pilot 

certificate with a powered-lift category 

rating. Neither the current regulations 

nor the regulations as adopted by this 

final rule require 10 hours of solo time 

in each model of powered-lift. Rather, 

§ 61.109(e) will simply require that an 

applicant for a private pilot certificate 

must have 10 hours of solo flight time 

in a powered-lift. This requirement 

broadly references powered-lift as a 

category of aircraft and does not 

narrowly scope the 10 hours to a 

specific type of powered-lift. The same 

concept applies to the requirements for 

airplanes and helicopters. The 10 hours 

of solo time for airplane single-engine 

and helicopter ratings by § 61.109(a) and 

(c) must be completed in the category 

and class of aircraft for which the rating 

is sought, and, similarly, the 10 hours of 

solo flight time for an airplane 

multiengine rating by § 61.109(b) must 

be completed in any airplane; these 

flight time requirements are not specific 

to the model of aircraft the pilot seeks 

to operate. 

Next, L3Harris stated that 

§ 61.109(e)(5) should allow for a 

reduction in solo time for number of 

flights made, such as two flights 

equaling one hour. AIR VEV, similarly, 

generally suggested that the required 

aeronautical experience in § 61.109(e) 

combine flight hours and total flights, 

similar to aeronautical experience 

requirements in the glider category. 

Currently, the only provisions in part 61 

that permit a certain number of flights 

to be substituted for hours exist in 

§ 61.56 and § 61.159.341 For the same 

reasons as discussed at length in section 

V.F. of this preamble, the FAA declines 

at this time to permit this kind of 

substitution for a commercial pilot 

certificate with a powered-lift category 

rating. Additionally, the substitution in 

§ 61.56(b) and aeronautical experience 

requirements as it applies to gliders are 

also not applicable to remedy the 

powered-lift airman certification 

challenges. 

First, the substitution of training 

flights as set forth in § 61.56(b) is only 

applicable in the case of a glider flight 

review, after a person has obtained the 

appropriate certificates and ratings. 

Additionally, glider flights cannot be 

predicted to be a certain length, as they 

are unpowered and dependent upon 

winds, convection, and other items that 

rely on certain extraneous factors (e.g., 

towed to altitude by a powered aircraft 

for flights to occur). Therefore, the rule 

allows the substitution of numbers of 

flights to equate for an hour of flight 

time due to the unpredictability of the 

length of glider flights. The required 10 

hours is a minimal time crucial to 

ensure an applicant for private pilot 

certificate with powered-lift ratings is 

capable of operating the powered-lift, 

especially considering the private pilot 

certificate is traditionally the first and 

foundational building block certificate 

in the airman certification framework. 


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342See Area of Operation XI, Emergency 

Operations, Task D. Additionally, these conditions 

are included in the risk management items in Area 

of Operation V (Takeoffs, Landings, and GoArounds), and VI (Performance Maneuvers). 

343See § 61.43(a). 

344Section 61.39(a)(6) requires that the applicant 

have an endorsement in the applicant’s logbook 

certifying that they have received and logged 

training time within 2 calendar months preceding 

the month of application in preparation of the 

practical test. 

345Before 2004, § 61.31 allowed a pilot to operate 

an experimental aircraft carrying passengers 

without a category and class rating when permitted 

by the aircraft’s operating limitations. In 2004, the 

FAA amended § 61.31 to require persons to hold the 

appropriate category and class rating when carrying 

a passenger regardless of the aircraft’s airworthiness 

certificate. Certification of Aircraft and Airmen for 

the Operation of Light-Sport Aircraft, final rule, 69 

FR 44772, 44829 (Jul. 27, 2004). This amendment 

was adopted as § 61.31(k)(2)(iii)(B) but is currently 

codified as § 61.31(l)(2)(iii)(B). 74 FR 42499, 42548 

(Aug. 21, 2009). 

346These paragraphs mirror each other, 

differentiated only by the applicability based on 

certificate level. Section 61.63 applies to those 

persons holding a recreational, private, or 

commercial pilot certificate; § 61.165(g) applies to 

those persons holding an ATP certificate. 

Finally, one individual stated that the 

proposed rule did not mention ‘‘Settling 

with Power’’ or ‘‘Vortex Ring State.’’ 

The commenter stated these 

aerodynamic conditions should be 

stressed with powered-lift pilots, 

primarily non-helicopter pilots. 

The FAA agrees that settling with 

power and vortex ring state are 

conditions essential to a pilot’s 

powered-lift training and did not intend 

to exclude their significance in the 

examples of vital powered-lift piloting 

conditions. However, § 61.109 does not 

prescribe specific aeronautical 

experience tasks or areas of operation. 

Instead, the powered-lift ACSs, which 

set forth the aeronautical knowledge, 

risk management, and flight proficiency 

standards for certification, include these 

conditions on the practical test.342

Because an applicant for a certificate or 

rating must perform the tasks specified 

in the applicable ACS,343 it follows a 

pilot and instructor would ensure the 

receipt of training on these conditions 

(regardless of any previously held 

certificate). In fact, for most certificates 

and ratings, an applicant must obtain an 

endorsement from a flight instructor 

certifying that the applicant is prepared 

for the practical test.344 As such, the 

flight instructor must be confident that 

the applicant can successfully perform 

all the tasks and maneuvers on the 

practical test. 

2. Removal of §§ 61.63(h) and 61.165(g) 

The FAA proposed to remove certain 

paragraphs pertaining to category and 

class ratings for the operation of an 

aircraft with an experimental certificate. 

To ensure that pilots operating under 

regulations before a 2004 final rule 

change 345 requiring appropriate 

category and class ratings complied 

with the revised provisions, the FAA 

added §§ 61.63(k) and 61.165(f), which 

are currently situated as §§ 61.63(h) and 

61.165(g).346 These provisions set forth 

the requirements to apply for a category 

and class rating limited to a specific 

make and model of experimental 

aircraft. Among other requirements, a 

person must have logged 5 hours of 

flight time while acting as PIC in the 

same category, class, make, and model 

of aircraft between September 1, 2004, 

and August 31, 2005. After more than 15 

years since initial codification, the FAA 

anticipated that individuals who were 

operating under the pre-2004 

requirements have already used 

§§ 61.63(h) and 61.165(g) to obtain a 

limited category and class rating. As a 

result, the FAA proposed to remove 

§§ 61.63(h) and 61.165(g). 

The FAA received one comment on 

this proposed removal. FlightSafety 

International opposed removal of 

§ 61.63(h), stating that removal would 

reduce flexibility for the FAA, pilots, 

and OEMs because it will not allow the 

new powered-lift pilot to obtain an 

experimental aircraft type rating. The 

FAA disagrees that retaining these 

requirements would provide flexibility 

in new powered-lift pilots obtaining an 

experimental aircraft type rating. The 

requirements listed in current 

§§ 61.63(h) and 61.165(f) are only 

applicable in very limited 

circumstances because the 5 hours of 

flight time required must have been 

logged between September 1, 2004, and 

August 31, 2005, to ensure that the 

pilots who were previously operating 

without a category and class rating 

under the pre-2004 regulations could 

continue operations safely (rather than 

requiring the full requirements for a 

category and class rating to those pilots). 

Therefore, these provisions were 

intended to provide relief to a group of 

pilots operating two decades ago and 

would be largely inapplicable to 

powered-lift pilots today. Section V.A. 

of this preamble provides additional 

discussion about experimental 

certificates and the use of operating 

limitations to require pilots to hold 

category and class ratings for all 

experimental aircraft and additional 

authorizations for certain experimental 

aircraft even when no passengers are 

carried on board. 

In the low likelihood that a poweredlift pilot did use these provisions and 

log time during the prescribed time 

period, the FAA provided notice in the 

NPRM that these paragraphs would be 

removed upon the effective date of the 

final rule. Therefore, any certificate 

holders that have not yet obtained a 

limited category and class rating under 

§§ 61.63(h) and 61.165(g), but wish to 

do so, would have until January 21, 

2025 to utilize the provisions. 

Therefore, the FAA adopts the removal 

of §§ 61.63(h) and 61.165(g) as 

proposed. 

3. ATP Privileges and Limitations 

(§ 61.167) 

Section 61.167 prescribes the 

privileges and limitations for an ATP 

certificate holder, including those 

scenarios when an ATP certificate 

holder may instruct other pilots. 

Currently, this privilege only applies to 

ATP certificate holders who have met, 

in pertinent part, the aeronautical 

experience requirements of § 61.159 

(aeronautical experience requirements 

for an airplane category rating) and 

§ 61.161 (aeronautical experience 

requirements for a rotorcraft category 

and helicopter class rating). The FAA 

proposed to amend § 61.167(a)(2) to 

broaden the privileges to include 

applicability to certificate holders who 

have met the aeronautical experience 

requirements in § 61.163 (i.e., persons 

with an ATP certificate with a poweredlift category rating) to ensure that 

persons who obtain an ATP certificate 

with the appropriate powered-lift 

ratings may instruct other pilots in air 

transportation service in powered-lift, 

consistent with what is permitted for 

persons who hold an ATP certificate 

with either airplane or helicopter 

ratings. The FAA noted that, under 

proposed § 194.205, the proposed 

change to § 61.167(a)(2) would not 

permit an ATP with powered-lift ratings 

to conduct training in the part 135 

operator’s airman certification 

curriculum proposed in § 194.243(a). 

The FAA received comments specific 

to ATP certificates with a powered-lift 

category rating, however, these 

comments are addressed in other 

sections of this preamble. Comments 

suggesting relief to the aeronautical 

experience requirements for an ATP 

certificate with a powered-lift category 

rating are addressed in section V.I.3 of 

this preamble. Comments specific to the 

flight training privileges specific to an 

ATP certificate with a powered-lift 

category rating under proposed 

§ 194.205 are discussed in section 

V.G.1.iv of this preamble. The FAA did 

not receive comments pertaining to the 

expansion of privileges to include 

persons with an ATP certificate with a 

powered-lift category rating in 


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347An SIC PDP allows the certificate holder’s 

pilots to log SIC time in certain operations 

conducted under part 135 in an airplane or 

operation that does not otherwise require an SIC. 

See § 135.99(c)(2). The FAA did not propose any 

revisions to the aircraft requirements for an SIC PDP 

as set forth in § 135.99(c); therefore, this final rule 

does not enable a part 135 operator to seek approval 

of an SIC PDP in a powered-lift. 

348 ICAO Annex 1, Sections 2.6.3.1.2 and 2.6.4.1.2 

are standards relative to the credit of flight time in 

airplanes and helicopters, whereas § 2.6.5.1.3 is a 

recommendation pertaining to powered-lift and not 

a standard. Section 2.6.3.1.2 states for airplanes 

‘‘When the applicant has flight time as a pilot of 

aircraft in other categories, the Licensing Authority 

shall determine whether such experience is 

acceptable and, if so, the extent to which the flight 

time requirements of 2.6.3.1.1 can be reduced 

accordingly. Section 2.6.4.1.2 states for helicopters, 

‘‘When the applicant has flight time as a pilot of 

aircraft in other categories, the Licensing Authority 

shall determine whether such experience is 

acceptable and, if so, the extent to which the flight 

time requirements of 2.6.4.1.1 can be reduced 

accordingly.’’ Section 2.6.5.1.3 is currently a 

recommendation for powered-lift and states, ‘‘When 

the applicant has flight time as a pilot of aircraft 

in other categories, the Licensing Authority should 

determine whether such experience is acceptable 

and, if so, the extent to which the flight time 

requirements of 2.6.5.1.1 could be reduced 

accordingly.’’ 

349See §§ 61.159(e) and (f), 61.161(d) and (e). 

350As discussed in section V.I.4. of this preamble, 

this final rule adopts new paragraph (c) to allow a 

pilot to credit SIC time logged under an SIC PDP 

toward certain flight time requirements for an ATP 

certificate with a powered-lift category rating. 

351The FAA notes that while the NPRM preamble 

discussed this revision to § 61.45(a)(1)(i) and 

(a)(2)(ii), the amendatory instructions in the NPRM 

erroneously did not include the revisions to § 61.45. 

Due to the general nonsubstantive nature of this 

revision and the discussion in the NPRM preamble, 

the FAA finds that the public received adequate 

notice of this revision. 

352The FAA chose to propose SFAR provisions 

rather than permanent amendments to allow the 

agency time to assess which permanent changes 

would be needed in part 141 to accommodate the 

use of powered-lift in the certification and rating 

courses long-term. 

353Specifically, §§ 141.35(a)(1), 141.36(a)(1), and 

141.37(a)(2)(ii) require chief flight instructors, 

assistant flight instructors, and check instructors to 

hold a commercial pilot certificate or ATP 

certificate and a current flight instructor certificate; 

for flight training, these certificates must contain 

the appropriate aircraft category, class, and 

instrument ratings (if required) for the aircraft 

category and class of aircraft to be used in the 

course. For checks and tests related to ground 

training, § 141.37(a)(3)(ii) requires the check 

instructor to hold a current flight instructor 

certificate or ground instructor certificate with the 

ratings appropriate to the category and class of the 

aircraft used in the course. 

§ 61.167(a)(2) and adopts the provision 

as proposed. 

4. Second-in-Command Time in Part 

135 Operations 

Currently, §§ 61.159 and 61.161 allow 

a pilot to credit SIC time logged under 

an SIC professional development 

program (PDP) toward certain flight 

time requirements for an ATP certificate 

with an airplane category or a rotorcraft 

category and helicopter class rating.347

The FAA proposed to amend § 61.163 to 

add paragraph (c) to allow SIC time 

logged under an SIC PDP to be counted 

toward the total time as a pilot required 

by § 61.163(a) and the specific flight 

time requirements for ATP certification 

set forth in § 61.163(a)(1), (a)(2), and 

(a)(4) (e.g., cross-country time, night 

flight time, and instrument flight time). 

A person may not credit the SIC time 

logged under an SIC PDP toward the 

powered-lift-specific flight time 

requirements of § 61.163(a)(3) because 

the aircraft operated under an approved 

SIC PDP must be a multiengine airplane 

or a single-engine turbine-powered 

airplane. Rather, the proposal would 

align the logging of SIC flight time 

acquired under an SIC PDP toward an 

ATP certificate with powered-lift 

category rating with that as permitted 

for an ATP certificate with an airplane 

category rating or a rotorcraft category 

and helicopter class rating. 

The FAA noted that ICAO currently 

has a standard for logging flight time to 

meet the standards for certificates and 

ratings in aircraft other than poweredlift. ICAO has recommended practices 

for logging time in powered-lift that are 

not yet standards but mirror the logging 

standards for other categories of 

aircraft.348 However, ICAO does not 

recognize the crediting of flight time 

when a pilot is not required by the 

aircraft certification or the operation 

under which the flight is being 

conducted. As a result, SIC time accrued 

in accordance with an approved PDP 

program and credited toward the flight 

time requirements of a certificate or 

rating in accordance with part 61 as 

described results in an ICAO limitation 

being placed on the pilot’s certificate 

until such time that the pilot can 

demonstrate flight time logged meets the 

ICAO standard and is reflected in their 

logbook in accordance with § 61.51.349

While these standards are only 

recommended practices at this time, the 

FAA presumes the ICAO 

recommendations for powered-lift will 

become standards in the future, given 

the mirroring standards for airplanes 

and helicopters. Therefore, the FAA 

proposed to add paragraphs (d) and 

(e) 350 to § 61.163 to include the 

requirement for the ICAO limitation and 

the requirements for removing the 

limitation. The FAA did not receive 

comment on these paragraphs 

(§ 61.163(c), (d), and (e)) and adopts the 

provisions as proposed. 

5. References to Category and Class 

During the rulemaking process, the 

FAA identified several regulations in 

various parts containing references to 

the category and class of aircraft; 

however, the FAA did not propose or 

establish classes of powered-lift in this 

rulemaking. As a result, the 

requirements for the appropriate class of 

aircraft would present a problem for 

powered-lift pilots in part 61, subpart K 

of part 91, part 135, part 141, and part 

142. The FAA, therefore, proposed to 

update the regulatory references to 

category and class to make clear that the 

reference to class is only appropriate if 

the regulations require classes for the 

category of aircraft. The FAA proposed 

two different approaches to remedy the 

discrepancy. First, to account for the 

lack of powered-lift classes in part 61, 

the FAA proposed to directly amend the 

following sections: §§ 61.3(e)(1)–(2), 

(f)(2)(i)–(ii) and (g)(2)(i)–(ii); 

61.45(a)(1)(i) and (a)(2)(ii) 351; 

61.51(f)(2); 61.57(a)(1)(ii), (b)(1)(ii), and 

(g)(1) and (4); and 61.64(a)(1) and (g)(1). 

To account for the lack of powered-lift 

classes in subpart K of part 91 and parts 

135, 141, and 142, the FAA proposed 

regulations under the SFAR,352 which 

would clarify when references to class 

are inapplicable when a powered-lift is 

used under those respective parts. 

First, § 91.1055(b)(2) allows deviation 

from flight-time hour requirements for 

PICs and SICs operating program flights 

if an existing program manager adds a 

new category and class of aircraft to its 

fleet not used before in its operation. 

The FAA proposed § 194.245(b) to 

clarify that the reference to class in 

§ 91.1055(b)(2) is inapplicable when a 

powered-lift is used for the operation 

under subpart K of part 91. 

Next, as it pertains to part 141, 

§§ 141.35(a)(1), 141.36(a)(1), 

141.37(a)(2)(ii), and 141.37(a)(3)(ii) set 

forth certain qualification requirements, 

including class ratings, for chief 

instructors, assistant chief instructors, 

and check instructors.353 Additionally, 

the appendices of part 141 reference 

classes of aircraft in the context of 

course content. To account for the 

inapplicability of classes as it pertains 

to powered-lift, the FAA proposed 

§ 194.241, which would remove the 

qualification requirement to hold a class 

rating in §§ 141.35(a)(1), 141.36(a)(1), 

141.37(a)(2)(ii), and 141.37(a)(3)(ii) 

when a powered-lift is used in the 

course. Proposed § 194.241(a) and (b) 

delineate the certificates and ratings a 

person must hold to be designated as a 

chief instructor, an assistant chief 

instructor, or a check instructor (for 

checks and tests that relate to flight 

training and ground training) when a 

powered-lift is used in the course. To 

note, in delineating the ratings that must 

be held on the pilot certificate for 


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354A person who holds a flight instructor 

certificate is subject to the limitations contained in 

§ 61.195. Specifically, § 61.195(e) prohibits a flight 

instructor from giving training in an aircraft that 

requires the PIC to hold a type rating unless the 

flight instructor holds a type rating for the aircraft 

on their pilot certificate for that aircraft. Because a 

PIC of a powered-lift would be required to hold a 

type rating, to provide flight training in a poweredlift, the flight instructor would be required to hold 

a type rating for the powered-lift as well. 

355Section 135.4(b)(2) allows deviation from 

certain crewmember experience requirements if the 

certificate holder adds to its fleet a new category 

and class of aircraft not used before in its operation. 

Section 135.247(a)(1) and (2) require certain 

takeoffs and landings as the sole manipulator of the 

flight controls in an aircraft of the same category, 

class, and type, if a type rating is required, in which 

that person is to serve. Finally, § 135.603 requires 

the PIC of a helicopter air ambulance operation to 

meet the requirements of § 135.243 and to hold 

either a helicopter instrument rating or an ATP 

certificate with a category and class rating for that 

aircraft, not limited to VFR. 

356Specifically, 142.11(d)(2)(ii) discusses 

entitlement to training specifications that contain 

the category, class and type of aircraft that may be 

used for training, testing, and checking; 

142.49(c)(3)(iii) requires an instructor to hold the 

certificates and ratings specified by part 61 

appropriate to the category, class, and type of 

aircraft in which instructing, 142.53(b)(1) requires 

certain flight hours and takeoffs and landings for 

simulator instructors in the same category, class, 

and type (if required) replicated by the simulator, 

and 142.65(b)(1) sets forth crewmember position 

requirements for flight testing, flight checking, or 

line operational simulation. 

357Pursuant to 14 CFR 1.1, ‘‘aircraft’’ means a 

device that is used or intended to be used for flight 

in the air, which would inherently include 

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

persons seeking designation as a chief 

instructor, an assistant chief instructor, 

or a check instructor (for checks and 

tests that relate to flight training), the 

FAA proposed to add the requirement 

that such person must hold a poweredlift type rating.354

Additionally, proposed § 194.249(b) 

would make the references to class 

contained in course content in the 

appendices to part 141 inapplicable 

when a powered-lift is used for a course 

of training. The FAA also identified a 

technical amendment change to part 

141.37(a)(3)(ii) discovered during the 

pendency of this rulemaking that was 

not proposed in the NPRM. Currently, 

part 141.37(a)(3)(ii) states that ‘‘Except 

for a course of training for a lighterthan-air rating, hold a current flight 

instructor certificate or ground 

instructor certificate with ratings 

appropriate to the category and class of 

aircraft used in the course.’’ This 

language is incorrect in that there is no 

category or class of aircraft listed on a 

ground instructor certificate; rather, the 

language after ground instructor should 

be tied with the flight instructor 

certificate. The FAA is therefore 

adopting an amendment editorial in 

nature to correct the error. 

The FAA proposed § 194.249 to 

resolve the inapplicability of class in 

parts 135 and 142. Specifically, 

§§ 135.4(b)(2), 135.247(a)(1) and (2), and 

135.603 set forth, first, similar deviation 

to that in § 91.1055(b)(2) and, second, 

certain requirements for PICs 355 in 

aircraft carrying passengers or in 

helicopter air ambulance operations. 

The FAA proposed § 194.249(a) to 

clarify that the references to class in 

these regulations are inapplicable when 

a powered-lift is used for the operation 

under part 135. Additionally, 

§§ 142.11(d)(2)(ii), 142.49(c)(3)(iii), 

142.53(b)(1), and 142.65(b)(1) set forth 

certain requirements for issuance or 

amendment of training specifications, 

instructor and certificate holder 

privileges and limitations, and 

instructor training and testing.356

Similarly, the FAA proposed 

§ 194.249(c) to clarify that references to 

class of aircraft in these sections do not 

apply when operating powered-lift or 

FSTDs representing powered-lift under 

part 142. 

The FAA did not receive any 

comments on these amendments and 

adopts the amendments as proposed. 

J. Part 135 Pilot Qualifications 

1. Statement of the Issue and 

Introduction 

As discussed in the NPRM, the 

current regulatory framework of part 

135, particularly subparts A, E, G, and 

H, was initially codified without the 

contemplation of powered-lift 

operations. Specifically, unlike part 61 

where the 1997 final rule introduced 

powered-lift into the CFR for airman 

certification, powered-lift could not 

operate in part 135 and, therefore, 

revisions were unnecessary at that time. 

Therefore, the NPRM proposed to 

introduce powered-lift into the 

regulatory training and qualification 

paradigm in part 135, rather than simply 

updating or modifying existing 

powered-lift requirements, through a 

twofold framework: permanent 

regulatory amendments and temporary 

SFAR requirements. 

These requirements are intended to 

facilitate the training and qualification 

of the initial groups of part 135 pilots, 

flight instructors, and check pilots. In 

many instances, the training and 

qualification requirements applicable to 

airplane pilots in part 135 would also be 

applied to powered-lift pilots by virtue 

of the use of the term ‘‘aircraft.’’ 357

Because the FAA anticipates that during 

operations powered-lift will quickly 

transition to horizontal flight using the 

wings like an airplane to afford 

powered-lift a much larger operational 

range and faster speeds to optimize 

operational capabilities, powered-lift 

pilots must possess many of the same 

skills and experience as their airplane 

pilot counterparts in certain instances. 

Conversely, due to the operational 

differences in the capability of poweredlift and integration of powered-lift into 

the NAS for civilian use, there are 

instances where existing airplane or 

helicopter training and qualification 

rules do not readily apply, which 

requires new temporary or permanent 

requirements. 

2. Relevant History and Background 

Part 135 prescribes operating 

requirements for commuter and ondemand operations. Specifically, 

subpart A prescribes the operations and 

personnel that are affected by the part, 

and subpart E details flight crewmember 

qualification requirements. Subparts G 

& H set forth the testing and training 

requirements for crewmembers. The 

NPRM provided a comprehensive 

history of the part 135 training and 

checking regime,358 which continually 

seeks to provide the highest level of 

safety and risk-mitigation in commuter 

and on-demand operations. This SFAR 

and permanent amendments described 

herein are intended to provide an 

equivalent level of training, checking, 

and testing for powered-lift operations 

as those expected of airplane and 

helicopter operations. 

3. Rules Applicable to Operations 

Subject to Part 135 (§ 135.3) 

Section 135.3 prescribes the rules that 

apply to persons conducting operations 

under part 135. This section is generally 

applicable to all operations under part 

135, regardless of aircraft category; 

however, paragraph (b) applies only to 

airplanes. Specifically, § 135.3(b) 

requires that those certificate holders 

conducting commuter operations under 

part 135 with airplanes in which two 

pilots are required by the type certificate 

of the airplane must comply with 

subparts N and O of part 121 (Training 

Program and Crewmember 

Qualifications, respectively) instead of 

the requirements of subparts E, G, and 

H of part 135. 

As discussed in the NPRM, the FAA 

determined that the same safety 

standard imposed in § 135.3(b) for 

commuter operations involving 

airplanes for which two pilots are 

required by type certification should 

apply to powered-lift requiring two 


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359Specifically, the NPRM discusses the intention 

of reducing accidents and incidents related to 

human performance in commuter operations and 

ensuring a balanced mix of training and checking 

to enhance public and passenger safety. 88 FR 

38946 at 39010 (June 14, 2023). 360 In accordance with § 121.424 of subpart N, 

flight training must include at least the maneuvers 

and procedures specified in appendix E to part 121. 

In accordance with § 121.441 of subpart O, 

proficiency checks must include at least the 

maneuvers and procedures specified in appendix F 

to part 121. 

361The FAA notes that the proposal to use an 

AQP is temporary, as set forth in the SFAR rather 

than a permanent regulation. As intended with the 

SFAR in general, as additional information becomes 

available on the training and checking necessary to 

effectuate safety for certain part 135 commuter 

powered-lift operations, the FAA may revise this 

standard as appropriate. 

362 § 121.901. 363 14 CFR part 121, subpart N. 

364The cost for the AQP information collection 

for AQP is included in the PRA section of this 

rulemaking. 

pilots by type certification.359 However, 

the FAA noted that subparts N and O of 

part 121 are specific to multiengine 

airplanes, and the FAA did not amend 

part 121 to accommodate powered-lift 

operations under that part. 

Additionally, certain requirements in 

subparts N and O to part 121 require 

compliance with appendices E and F of 

part 121 360 (Flight Training 

Requirements and Proficiency Check 

Requirements, respectively), which are 

applicable to airplanes, as well. In the 

absence of amending part 121 

(specifically, subparts N and O and the 

referenced appendices) to accommodate 

powered-lift-specific training and 

checking, the powered-lift flightcrew 

member would be inherently precluded 

from performing some airplane-specific 

tasks that are incongruent with 

powered-lift operational capabilities, 

creating a safety risk of insufficient 

training and checking. 

Therefore, to facilitate an appropriate 

level of training and checking for 

certificate holders conducting commuter 

operations under part 135 with 

powered-lift requiring two pilots by the 

type certificate, the FAA proposed 

§ 194.247(b) to create an alternative 

means of compliance with § 135.3(b).361

For these operations, the FAA proposed 

that certificate holders comply with 

subpart Y of part 121, which allows for 

an Advanced Qualification Program 

(AQP). This program provides for 

approval of an alternate method for 

qualifying, training, certifying, and 

otherwise ensuring the competency of 

persons required to be trained under 

parts 121 and 135.362 This proposal 

facilitates a rigorous safety standard for 

training and checking without (1) 

imposing the inapt multiengine airplane 

requirements of subparts N and O (and 

the applicable appendices) on poweredlift commuter operators in part 135 or 

(2) overhauling the framework of part 

121 to include powered-lift which are 

not entering part 121 operations at this 

time. 

ALPA supported the FAA’s decision 

not to amend part 121 to accommodate 

powered-lift operations, stating that 

considerable data must be collected and 

analyzed before expanding into part 121 

operations. 

The FAA found that, in lieu of 

modifying subparts N and O of part 121 

to accommodate the integration of 

certain powered-lift commuter 

operations, implementing the AQP 

would uphold a similarly rigorous 

safety standard for training and 

checking. The FAA proposed the use of 

AQP to align more closely with the 

training and under subparts N and O of 

part 121 as prescribed in § 135.3. 

Compliance with AQP, normally a 

voluntary program, shall be mandatory 

for powered-lift commuter operations, 

given the unsuitability of the current N 

and O language to powered-lift. AQP 

provides an alternative method for 

qualifying and training pilots to ensure 

competency while providing an 

equivalent level of safety to those 

required by a subpart N and O training 

program. Additionally, the flexible, 

performance-based standard of an AQP 

will best suit the SFAR’s novel training 

paradigm for powered-lift through the 

integration of safety program data, 

scenario-based training and evaluations, 

crew resource management (CRM) 

training, customization to the certificate 

holder’s unique demographic and flight 

operation, and innovative instructional 

methods and technology. 

The FAA proposed § 194.247(b) to 

require certain elements within the AQP 

in recurrent ground training for PICs 

every 36 months. This is to ensure that 

the training received by powered-lift 

pilots under subpart Y of part 121 to 

that required for PICs in airplane 

commuter operations in which two 

pilots are required by type certification. 

Specifically, the FAA proposed 

§ 194.247(b)(2)(i) to require that these 

PICs receive training, instruction, and 

facilitated discussion on leadership and 

command and mentoring as part of their 

initial, recurrent, and upgrade ground 

training. This requirement is similar to 

the initial, recurrent, and upgrade 

ground training requirements that 

govern airplane commuter 

operations.363 Proposed 

§ 194.247(b)(2)(ii) requires that 

mentoring training include techniques 

for instilling and reinforcing the highest 

standards of technical performance, 

airmanship, and professionalism in 

newly hired pilots. Finally, proposed 

§ 194.247(b)(4) includes requirements 

for initial and upgrade flight training for 

PICs to contain sufficient scenario-based 

training incorporating crew resource 

management and leadership and 

command skills, to ensure the pilot’s 

proficiency as PIC. 

The FAA received one comment 

specifically pertaining to the 

amendments proposed in § 194.247. 

AWPC opposed the requirement to 

adhere to subpart Y of part 121. AWPC 

contended that requiring powered-lift 

operators to adhere to subpart Y is 

excessive and burdensome because the 

programs require more time, larger 

staffing, and higher costs than other 

training programs, which would be 

incongruent to apply only to poweredlift operators. Instead, AWPC suggested 

that powered-lift part 135 operators 

should adhere to the same regulations as 

helicopter part 135 operators. 

The FAA recognizes that establishing 

an AQP may place a burden on 

operators.364 However, it is important to 

recognize that these burdens (e.g., 

detailed job task analysis, increased 

evaluator and trainer requirements, 

development of performance 

measurement tools and qualification 

standards) are offset by the significant 

benefits offered by an AQP. Unlike 

traditional training programs, which use 

maneuver-based training and evaluation 

and often segment simulation events in 

a manner that fails to realistically build 

up the accident error chain, AQP 

scenario-based training and evaluation 

more closely simulate the actual flight 

conditions known to cause most fatal 

carrier accidents. This approach aligns 

training and evaluation with known 

causes of human error, focusing on both 

crew and individual performance as 

well as integrating flight training with 

CRM skill training. Moreover, AQP 

offers greater efficiency to operators by 

allowing for proficiency based training, 

as opposed to prescriptive programmed 

hours. 

Whether a training program falls 

under subparts N and O of part 121, 

subparts E, G, and H of part 135, or 

subpart Y of part 121, the financial 

burden of adding a new category of 

aircraft, such as powered-lift, to a 

certificate holder’s operations is similar. 

All training programs require a frontend analysis of the certificate holder’s 

operation, aircraft, line environment, 

and job functions for each duty position. 

Additionally, the regulations require the 

development of FAA-approved 

operational manuals and training and 

qualification of all instructors and 


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365Over 90% of part 121 pilots are trained under 

an AQP program, with 25 part 121 AQPs approved 

and 1 pending. There is currently 1 part 135 

operator and 2 other part 135 operators in the 

approval process. All of the 121s and 135s are 

opting to comply with AQP. 

366Final rule: Air Carrier and Commercial 

Operator Training Programs, 60 FR 65940 (Dec. 20, 

1995). 

367The FAA proposed to use the phrase ‘‘two 

pilots as required by the aircraft flight manual’’. For 

the final rule, the FAA decided to use the term ‘‘as 

required by type certification’’ to appropriately 

mirror § 135.3. 

evaluators in adding a new category of 

aircraft to a certificate. The process of 

adding a new aircraft category requires 

data collection and analysis processes 

for both the initial and final approval of 

training programs and the issuance of 

the appropriate operation specifications. 

The FAA notes that 24 certificate 

holders, which includes one part 135 

operator, to date, have voluntarily 

chosen to implement the AQP over the 

standards in part 121 N&O. This 

voluntary adoption of AQP supports 

that certificate holders have determined 

the benefit of implementing an AQP 

exceeds its costs.365 As well, of the ten 

projects undergoing type-certification at 

the FAA, only one project requires two 

pilots by type certification (the AW– 

609), and thus subject to the subpart Y 

of part 121. 

As previously discussed, § 135.3(b) 

sets forth certain training program and 

qualification requirements specifically 

for commuter operations that use 

airplanes in which two pilots are 

required by type certification; 

conversely, § 135.3(c) sets forth training 

program and qualification requirements 

for those aircraft to which paragraph (b) 

does not apply but who opt to use part 

121 training standards. 

The FAA maintains that allowing 

powered-lift to make use of the ‘‘opt in’’ 

provision in § 135.3(c) to utilize 

subparts N and O of part 121 is 

unworkable. As previously explained, 

subparts N and O of part 121 are 

multiengine airplane specific and, at 

this time, the FAA is not amending part 

121 to accommodate powered-lift 

operations. For example, subparts N and 

O contain left and right seat 

requirements whereas some poweredlift may only have one seat, training 

hour requirements are tied to airplane 

types, and extended envelope training is 

tailored to airplane characteristics that 

may not be applicable to powered-lift. 

Additionally, powered-lift may present 

new requirements (such as tandem 

seating for pilots) or different flight 

envelopes not currently covered by 

subparts N and O. Having an N and O 

section that does not adequately address 

powered-lift issues in full would create 

a training gap among powered-lift pilots 

and not satisfy the intent of the training 

program. 

As ALPA commented, the permanent 

integration of powered-lift into part 121 

operations is premature; amending part 

121 for powered-lift operations requires 

extensive analysis of operational history 

based on lessons learned from the initial 

SFAR period and part 135 operations. 

The application of subparts N and O as 

written would mandate that a poweredlift flightcrew perform some airplanespecific tasks incongruent with 

powered-lift operational capabilities. 

These subparts do not include specific 

tasks that are imperative to powered-lift 

operations. This as-is application could 

result in PICs that are insufficiently 

trained and checked on some 

maneuvers that powered-lift possess the 

operational capability to conduct. 

Likewise, the application of subparts 

E, G, and H under part 135 to poweredlift is insufficient due to the expectation 

of safety during commuter operations. 

As discussed in the NPRM, the FAA 

adopted a final rule in 1995, upon 

recommendation from the NTSB, to 

require airplanes that require two pilot 

crewmembers to comply with the 

training, checking, and qualification 

requirements of part 121 (i.e., subparts 

N and O).366 Specifically, the FAA 

considered the number of passengers 

and types of operations that the part 135 

commuter carriers conduct and 

determined that comprehensive training 

requirements set forth by part 121 

achieved a stronger level of safety. 

Specifically, part 121 training, to 

include CRM, benefits these types of 

passenger-carrying operations because it 

provides more emphasis on training, 

whereas the part 135 rules (i.e., subparts 

E, G, and H) rely more heavily on testing 

and checking requirements. Powered-lift 

that require two pilots by type 

certification will be similarly complex 

as airplanes in both operating 

characteristics and in types of operation 

and require a similarly high caliber of 

pilot training to ensure the public is as 

safe as they would be in a part 121 

operation.367

Powered-lift operations are expected 

to be operating in densely populated 

areas, landing in complex airspace, and 

are significantly novel in that the true 

diversity and complexity of future 

operations are difficult to predict. 

Powered-lift operations will be able to 

operate similar to current helicopter 

operations in take-off and landing along 

with confined landing areas while also 

having a predominant amount of the 

flight similar to an airplane at higher 

altitudes and speeds. Helicopters are 

excepted from the same requirements as 

airplanes because they generally do not 

take on the complex nature of airplane 

commuter operations, which may often 

be conducted under IFR, with numerous 

passengers in busy, complex airspace, 

and in aircraft with complex systems 

and/or crew resource management 

demands. If powered-lift are expected to 

take their place among or, alternatively, 

replace some airplane commuter 

operations, they must achieve the same 

level of safety expected by the public. 

The unique nature of powered-lift as 

an entrant aircraft and significant 

differences between types necessitate 

specific training tailored to the 

operator’s actual environment. 

Therefore, the FAA determined the AQP 

is the most appropriate mechanism to 

facilitate a customized, data-informed 

training program able to leverage 

technological and training innovation. 

The data driven component of an AQP 

will ensure that carriers are able to more 

precisely identify critical training 

requirements for their novel operations 

that may be unique to the type of 

powered-lift. In addition, AQP provides 

a trained-to-proficiency model that uses 

planned hours, that exceeds the training 

and checking paradigm imposed under 

subparts N and O of part 121. 

In further reviewing the AQP 

requirements in subpart Y of part 121, 

the FAA found that §§ 121.903(c) and 

121.921(a) contain the word ‘‘airplane’’ 

versus the term ‘‘aircraft,’’ which is used 

in the remainder of regulations in 

subpart Y. Notwithstanding the 

reference to aircraft in §§ 121.903(c) and 

121.921(a), the intent of the NPRM 

remains the same—to conduct training 

under subpart Y rather than subparts N 

and O—and the regulatory impact cost 

analysis unchanged. In the final rule, 

the FAA is requiring commuter 

operators to use AQP in subpart Y of 

part 121 as proposed. However, the FAA 

modified § 194.247(b)(1) to apply 

requirements of §§ 121.903(c) and 

121.921(a) to powered-lift. 

After thorough analysis of all these 

factors, including any additional burden 

to the certificate holder, the FAA has 

determined to maintain the position that 

commuter operations under part 135 

should be required to train under an 

AQP in accordance with subpart Y of 

part 121. As noted, the FAA’s decision 

is based on the inapplicability of part 

subparts N and O in part 121 and the 

fact that subparts E, G, and H of part 135 

are not sufficient in the level of training 

needed for powered-lift commuter 

operations. The use of AQP for 

powered-lift reflects a commitment to 

achieving a high standard of safety and 

operational efficiency. 


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368These conditions relate to prevailing visibility 

at the airport, visual range for the runway, runway 

conditions (e.g., water, snow, ice), crosswinds, and 

windshear. 

369 Interstate air transportation is defined in 14 

CFR 1.1: the carriage by aircraft of persons or 

property as a common carrier for compensation or 

hire, or the carriage of mail by aircraft in commerce: 

(1) Between a place in a State or the District of 

Columbia and another place in another State or the 

District of Columbia; (2) Between places in the same 

State through the airspace over any place outside 

that State; or (3) Between places in the same 

possession of the United States; 

Whether that commerce moves wholly by aircraft 

of partly by aircraft and partly by other forms of 

transportation. 

370As discussed in the NPRM, a permanent 

revision aligns with the permanent revisions in part 

61 requiring the PIC in powered-lift operations to 

hold a type rating (i.e., § 61.31) and existing 

requirements within § 135.243 for airplanes and 

helicopters. The FAA may propose subsequent 

amendments to modify the certification standards 

for powered-lift PICs within § 135.243(a) as more 

operational information is collected during the life 

of the SFAR. See 88 FR 39013 (June 14, 2023). 

371The FAA proposed a permanent change to 

replace the outdated reference to commuter 

operations as defined in ‘‘part 119’’ with ‘‘part 110’’ 

in §§ 135.243(a)(1) and 135.244(a) in light of the 

transfer of definitions from § 119.3 to a new part 

110. final rule: Operations Specifications, 75 FR 

7482 (Feb. 10, 2011). 

4. Applicability of Rules for Eligible OnDemand Operations (§ 135.4) 

Section 135.4 describes pairing and 

experience limitations as well as 

operational limitations for eligible-on 

demand operations. Section 135.4 

applies to powered-lift; however, 

§ 135.4(a)(3), when describing pilot 

operating limitations, applies only to 

fixed-wing aircraft. Section 135.4(a)(3) 

provides certain conditions when the 

pilot-in-command shall make all takeoffs and landings while conducting an 

eligible-on demand operation. The FAA 

maintains that powered-lift may have 

more complex landing situations than 

fixed-wing when operating under 

conditions listed in (a)(3)(i) and 

(a)(3)(ii),368 and that the experience 

mandated by the regulation should be 

applied to powered-lift as well. 

The FAA proposed in § 194.307 to 

apply the pilot operating limitations in 

§ 135.4(a)(3) to powered-lift. The FAA 

did not receive any comments, and the 

section is adopted as proposed. 

5. Pilot in Command Qualifications 

(§ 135.243) 

Section 135.243 prescribes 

qualifications for pilots serving as PIC in 

certain passenger-carrying part 135 

operations, passenger and cargo flights 

under VFR, and passenger and cargo 

flights under IFR. Such qualifications 

include minimum certificates, ratings, 

and hours of pilot time, cross-country 

time, night flight time, and, if 

applicable, actual or simulated 

instrument time. Certain PIC 

requirements in § 135.243 apply to all 

aircraft (i.e., § 135.243(b)(1)–(2), 

(c)(1)(2)); therefore, these requirements 

that generally apply to PICs in any 

aircraft in part 135 operations apply to 

PICs of powered-lift. Other PIC 

requirements are specific to the category 

(i.e., airplane) or class (i.e., helicopter) 

of aircraft being flown (e.g., 

§ 135.243(b)(3) applies to airplanes; 

§ 135.243(b)(4) applies to helicopters). 

For these sections that do not include a 

specific provision for powered-lift, the 

FAA proposed certain permanent 

changes to incorporate powered-lift 

specific requirements into § 135.243. 

This section discusses each proposed 

revision, relevant comments to the 

proposal, and resulting final 

amendments. 

i. Section 135.243(a) 

Section 135.243(a) prescribes the 

general requirements for a person to 

serve as PIC in certain passengercarrying operations. Specifically, under 

§ 135.243(a), to serve as PIC in a 

passenger-carrying operation of (1) a 

turbojet airplane, (2) an airplane with a 

passenger-seat configuration of 10 seats 

or more, or (3) a multiengine airplane in 

a commuter operation, a person must 

hold an ATP certificate with appropriate 

category and class ratings and, if 

required, an appropriate type rating for 

that airplane. Similarly, § 135.243(a)(2) 

requires a person to hold an ATP 

certificate, appropriate type ratings, and 

an instrument rating to serve as PIC in 

passenger-carrying operations of a 

helicopter in scheduled interstate air 

transportation 369 within the 48 

contiguous states. 

As previously noted, the FAA 

proposed to add specific requirements 

for powered-lift as permanent 

changes 370 to align with the existing 

requirements specific to airplanes and 

helicopters. Without adding a provision 

for powered-lift to § 135.243(a), 

§ 135.243(b) and (c) would dictate PIC 

qualifications for powered-lift in certain 

passenger-carrying operations based on 

whether the operation is conducted 

under VFR or IFR (i.e., only a 

commercial pilot certificate with a 

powered-lift category rating and a type 

rating would be required). Leaving the 

regulation unchanged would result in 

less stringent PIC requirements for 

powered-lift PICs in complex passengercarrying operations than those required 

to serve as PIC of an airplane or 

helicopter. 

Therefore, the FAA proposed to 

permanently add paragraph (a)(3) to 

§ 135.243 to require the PIC of a 

powered-lift to hold an ATP certificate 

with a powered-lift category rating and 

an appropriate type rating not limited to 

VFR for that powered-lift, when serving 

as PIC in: (1) on-demand passengercarrying turbojet-powered powered-lift 

operations; (2) on-demand operations in 

a powered-lift having a passenger 

seating configuration, excluding 

crewmember seats, of 10 or more; and 

(3) powered-lift commuter operations 

other than turbojet-powered poweredlift (hereinafter collectively referred to 

as ‘‘certain part 135 commuter and ondemand powered-lift operations’’). 

Consequently, as proposed, if a 

powered-lift PIC could not satisfy the 

ATP certificate requirements, that 

operator would be limited to conducting 

part 135 on-demand operations with 

non-turbojet-powered powered-lift 

containing less than 10 passenger seats 

until the ATP certificate requirements 

are satisfied. As proposed, under 

§ 135.243(a)(3), a PIC would not be 

permitted to serve as PIC with a 

powered-lift type rating with a ‘‘VFR 

only’’ limitation in the aforementioned 

part 135 operations.371

ALPA disagreed with the FAA’s 

proposed requirement for powered-lift 

PICs to hold an ATP certificate and type 

rating only for on-demand operations 

involving 10 or more passenger seats. 

ALPA recommended that instead, if an 

ATP certificate is required for 

traditional helicopter operations, an 

ATP certificate should also be required 

for similar powered-lift operations 

regardless of seat capacity, to ensure the 

highest level of safety in this novel 

aircraft type and its operations. 

Bristow stated that operators of 

powered-lift in commuter operations 

will be required to have an ATP 

certificate, but there is no relief 

provided in the proposed rules that 

allows pilots to obtain experience 

necessary for an ATP certificate. The 

commenter contended that the small 

pool of military pilots with powered-lift 

experience will hamper AAM commuter 

services. The commenter also noted that 

AAM operations will be different than 

the other operations requiring the PIC to 

hold an ATP certificate—functioning 

more like taxi/bus services than as an 

alternative to commercial aircraft 

service. 

In response to ALPA’s comment on 

the scope of ATP certificate 

requirement, the FAA notes that the 

regulatory text as proposed and 

finalized in this rulemaking will apply 

to more operations than just those 

where the powered-lift passenger-seat 

configuration consists of 10 seats or 

more (excluding each crewmember 


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

seat). The ATP certificate and type 

rating requirement also will be required 

for (1) turbojet-powered powered-lift, 

and (2) powered-lift in commuter 

operations as defined in part 110. Thus, 

a PIC will be required to hold an ATP 

certificate and type rating for a 

commuter operation as defined in part 

110 even if the powered-lift itself had a 

passenger-seat configuration of only 

four. The FAA has determined that, 

similar to the airplane operations that 

require a pilot to hold an ATP 

certificate, the aforementioned poweredlift operations involve greater 

complexity and therefore require the 

highest level of pilot proficiency and 

experience. This requirement is 

commensurate with the public’s 

expectations for safety in commercial 

operations involving routine scheduled 

flights. 

The NPRM provided extensive 

discussion in support of the 

requirement to hold an ATP certificate 

with a powered-lift category rating and 

appropriate type rating not limited to 

VFR for certain part 135 commuter and 

on-demand powered-lift operations.372

Primarily, the operations that are 

envisioned for powered-lift are virtually 

identical to those existing airplane and 

helicopter operations in part 135 that 

require ATP certification. As such, PIC 

qualifications must remain consistent 

across operations to address the similar 

level of risk in the complex operations 

(e.g., passenger carriage, duration of 

flight time, operating systems, hightraffic areas in the NAS, etc.). This 

complexity necessitates robust 

knowledge, training, and flight time to 

achieve the highest level of safety. 

To the extent that ALPA suggests that 

the ATP certificate requirement should 

apply to the same operations applied to 

helicopter operations (i.e., all interstate 

operations regardless of passenger 

capacity), the FAA does not agree. PICs 

in on-demand and non-common 

carriage operations in smaller poweredlift that are not turbojet-powered are not 

required to hold the ATP certificate 

when conducting interstate operations. 

If the FAA applied the same rule as 

helicopters, these interstate operations 

in smaller powered-lift would require 

the PIC to hold an ATP certificate. The 

FAA finds that an ATP certificate for 

these types of operations typically 

involve smaller and less complex 

aircraft, flying for a shorter duration of 

time with a lower passenger-carrying 

capacity. 

Under the hypothetical application of 

§ 135.243(a)(2) to powered-lift, virtually 

all passenger carrying operations that 

crossed state lines would require an 

ATP certificate. In addition, a blanket 

requirement of an ATP certificate for 

powered-lift for all flights would be a 

higher requirement than any other 

existing aircraft in similar operations 

and create an undue burden for 

powered-lift operations. This paradigm 

most aptly balances the need for 

increased experience in complex 

operations and operating environments 

without overly burdening other 

operations where a greater amount of 

flight time, training, and qualification is 

not necessary. 

Bristow’s comments provide a 

perspective that AAM operations will be 

different than the most traditional 

commercial operations that require the 

PIC to hold an ATP certificate. However, 

the pilot requirements in § 135.243(a)(3) 

apply to all part 135 commuter 

operations, and the characteristics of 

AAM operations described by Bristow, 

such as shorter, more predictable routes 

within urban environments and lower 

altitudes, do not justify lessening these 

requirements. While some AAM 

operations may resemble taxi or bus 

services in their function of ferrying 

passengers over relatively short 

distances, the complexities and 

potential risks of commuter operations 

are significantly greater. 

The argument that such operations 

could be equated to ground 

transportation overlooks the inherent 

complexities of aviation, where the 

consequences of failures or emergencies 

can be immediate and significantly 

different than the AAM operations 

described by Bristow. The FAA 

maintains that the safety requirements 

and pilot qualifications, including the 

requirement for an ATP certificate, must 

reflect the potential risks and 

complexities associated with all part 

135 commuter operations in all 

powered-lift designs. The AAM 

operational characteristics described by 

Bristow, although distinct, do not 

inherently diminish the potential 

criticality or safety implications of 

emergencies that might occur during 

powered-lift operations. 

To the extent that Bristow expressed 

concerns that the FAA proposed no 

relief from the ATP certificate 

requirements to accommodate ATP 

certificate requirement in 

§ 135.243(a)(3), the FAA foresees 

numerous paths to obtain the 

experience needed to serve in a 

commuter operation. Initial cadre 

programs under the SFAR and part 135 

operations not requiring an ATP 

certificate will allow pilots to begin 

amassing experience needed to serve in 

more demanding commuter operations. 

Finally, the FAA may not base a 

proposed regulation solely on a 

perceived lack of appropriately 

qualified pilots, and it sees no 

compelling safety case for reducing the 

experience requirements for a new 

category of aircraft. Reducing the 

experience requirements for ATP 

certification, particularly for a novel and 

limited segment like AAM, would not 

align with the FAA’s mandate to uphold 

appropriate standards of safety. 

Therefore, § 135.243(a) is being finalized 

as proposed. 

ii. Section 135.243(b) and (c) 

Except as specified in § 135.243(a), 

§ 135.243(b) and (c) establish the 

minimum pilot certificate, ratings, and 

flight time that a PIC must have when 

conducting part 135 VFR operations and 

part 135 IFR operations, respectively. 

Specifically, under § 135.243(b)(1) and 

(c)(1), to serve as a PIC of an aircraft 

under VFR or IFR, the person must hold 

at least a commercial pilot certificate 

with the appropriate category, class, and 

type rating (if type rating is required) for 

that aircraft. Additionally, dependent on 

whether the PIC seeks to operate under 

VFR or IFR, the PIC must meet certain 

flight time requirements set forth by 

§ 135.243(b)(2) and (c)(2). Because these 

requirements apply to PICs of all 

aircraft, they would equally apply to 

powered-lift PICs. 

However, § 135.243(b)(3) and (4) and 

(c)(3) and (4) prescribe additional 

requirements specific to airplanes and 

helicopters regarding instrument ratings 

and flight time requirements. Notably, 

these paragraphs do not account for the 

requirements applicable to PICs 

operating powered-lift under VFR or 

IFR. Therefore, the FAA proposed to 

permanently amend § 135.243(b) and (c) 

to set forth parallel requirements for 

powered-lift operations under VFR and 

IFR. 

Specifically, paragraphs (b)(5) and 

(c)(5) would require the PIC of a part 

135 VFR operation and a part 135 IFR 

operation in a powered-lift to hold an 

instrument-powered-lift rating or an 

ATP certificate for the powered-lift 

category. These requirements largely 

mirror the existing requirements for 

PICs of part 135 airplane operations 

under VFR (or VFR over-the-top in the 

case of helicopters) and IFR in airplanes 

and helicopters (i.e., for airplane, an 

instrument rating or an ATP certificate 

with an airplane category rating; for 

helicopters, an instrument-helicopter 

rating or an ATP certificate with a 

category and class rating for that 

aircraft, not limited to VFR). 

Several commenters, including 

Archer, Eve, GAMA, and L3Harris, 


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373Powered-lift operators wishing to utilize 

helicopter weather minimums and helicopter VFR 

fuel reserves must demonstrate that their aircraft 

can meet certain performance and operational 

criteria to ensure the powered-lift can safely 

conduct a landing in vertical-lift flight mode at any 

point along the flight route. Absent this capability, 

the powered-lift is required to adhere to the 

airplane standards for weather minimums and fuel 

reserves. 

opposed proposed § 135.243(b)(5) 

requiring an instrument-powered-lift 

rating or an ATP certificate with a 

powered-lift category rating for 

operations under VFR. Archer disagreed 

with the FAA’s assessment that the 

operational characteristics of poweredlift are sufficiently different from 

helicopters to justify requiring an 

instrument-powered-lift rating for part 

135 VFR operations. Archer stated that 

the type certification process will 

demonstrate that their aircraft features 

the same key operating characteristics as 

helicopters and, further, that the 

requirement for initial commercial 

powered-lift pilots to hold an airplane 

or helicopter instrument rating would 

provide an additional layer of safety 

beyond that which is currently required 

for part 135 VFR helicopter pilots. 

Archer further contended their specific 

model will have similar configuration as 

a helicopter. 

Eve also recommended having 

powered-lift treated as helicopters in 

this regard and to incorporate 

instrument ‘‘awareness training’’ in 

commercial training and checking. 

Additionally, L3 supported striking out 

powered-lift from the proposed 

§ 135.243(c)(5) text. L3 recommended 

that any instrument rating, such as an 

airplane instrument rating, should be 

able to satisfy the instrument rating 

requirement in § 135.243(c)(5). 

The FAA requires an instrument 

rating for part 135 VFR airplane 

operations because if an airplane 

encounters inadvertent instrument 

meteorological conditions (IIMC), the 

pilot must have the necessary 

knowledge and skills to maintain safe 

control of the airplane, transition to 

instruments, coordinate with ATC, and 

maneuver the airplane to an emergency 

instrument approach and landing at an 

airport. The FAA currently does not 

require an instrument rating for part 135 

VFR helicopter operations, recognizing 

their capabilities for slow flight and 

ability to land in a variety of conditions. 

While powered-lift shares many 

characteristics with helicopters, a 

primary consideration in requiring an 

instrument rating for VFR operations is 

the powered-lift cruise profile. The FAA 

anticipates that other than necessary for 

takeoff and landing, many powered-lift 

will be optimized to primarily utilize 

lift provided by the wing for as long as 

practical to maximize efficiencies in 

fuel consumption, speed, and range 

similar to an airplane. This means many 

will operate at increased altitudes and 

faster airspeeds and may require more 

time and distance to avoid IIMC and 

complete an emergency approach and 

landing compared to a helicopter. While 

some powered-lift may have the ability 

to fly at slower airspeeds when 

operating in the vertical-lift flight mode, 

this requires additional pre-flight 

planning to ensure the aircraft has 

sufficient fuel/energy reserves to 

complete the flight in the vertical-lift 

flight mode.373 However, IIMC events 

are not planned, therefore the fuel/ 

energy reserves on the aircraft may be 

insufficient to transition from the wingborne to the vertical-lift flight mode and 

complete the flight in VFR conditions. 

Because not all powered-lift types will 

have sufficient capability to avoid and 

recover from IIMC as readily as their 

helicopter counterparts, the FAA has 

determined the instrument rating 

provides a core competency that will 

increase safe outcomes when 

unexpectedly transitioning from VMC to 

IMC conditions. 

While the FAA recognizes that some 

manufacturers’ aircraft may have the 

ability to transition rapidly into 

hovering flight modes or will operate at 

slower airspeeds, the rule must 

encompass the entirety of possible 

powered-lift designs. Some designs may 

not have the capability of entering slow 

flight, and if they do, it may be 

extremely time limited due to power 

consumption to complete a safe 

recovery at a suitable landing area. 

Others may not have the capability to 

transition into slower-flight modes in 

time to avoid an instrument encounter. 

In time, classes may emerge that will 

allow for a diversification of rules 

among the powered-lift fleet. 

Due to their ability to have multiple 

configurations of flight, it is important 

that powered-lift specific instrument 

skills be applied. Configuration changes 

during approach, novel systems, and 

automation, as well as unique 

emergency procedures make having an 

instrument rating in category critical to 

the expected level of safety demanded 

of part 135 operations. The FAA has 

created instrument ratings that are 

category and sometimes class (in the 

case of helicopters) specific instead of 

being a universal rating on all categories 

for the very reason that these categories 

and individual classes are unique 

enough in operation that the training 

must be tailored as such. 

Many proposed operating areas for 

powered-lift are in densely populated 

urban areas, where an IIMC encounter 

may pose significant public risk if a loss 

of control occurs. Requiring poweredlift pilots to have an instrument rating 

during VFR operations on par with 

airplane requirements ensures that PICs 

of powered-lift possess the proper skills 

to safely conduct flight in the event of 

IIMC where pilot error can immediately 

become critical. 

Eve suggested that requiring an IFR 

rating is an overreach, given some 

powered-lift may not even be capable of 

instrument flight. The rationale behind 

the requirement is not to allow the 

aircraft to be flown IMC when 

conditions deteriorate (as it is a VFR 

only operation), but instead to ensure 

the pilot has the skills, experience, and 

knowledge in the category to keep the 

aircraft under control both during and 

before IIMC. Eve further suggested that 

many models will likely be operating 

along planned routes, near forecast 

weather, and short distances. This 

cannot be predicted for all types across 

the category, however, and innovative 

uses of powered-lift may rapidly expand 

beyond this possible area of operations. 

Although a powered-lift may not be 

type-certified for IFR operations, pilots 

can still acquire an instrument rating 

using these aircraft. This is similar to 

the situation with many helicopters, 

which may not be type certified for IFR 

flight, yet pilots often obtain their 

instrument ratings in these helicopters 

by conducting simulated IMC training 

in VMC. 

There may be future aircraft designs 

such that the skill, knowledge, and 

experience that the instrument rating for 

VFR operations otherwise brings will no 

longer be necessary. In addition, the 

environment where some powered-lift 

operations occur may be isolated, 

limited, or strictly controlled, proving 

that the instrument rating for VFR 

operations may be unnecessary to 

maintain safety. However, until further 

data is collected through operational use 

and experience of powered-lift, the FAA 

is maintaining the instrument rating or 

ATP requirement for powered-lift PICs 

operating under VFR, aligning the 

regulation with the requirements 

imposed for airplanes. 

GAMA, as part of its argument that 

powered-lift are add-on ratings to the 

existing categories of rotorcraft or 

airplane, suggested that § 135.243 

should be amended to allow for the 

instrument rating (when required under 

the above regulation) to be held in 

airplane or rotorcraft category (since 

there would be no powered-lift category 

in this case). Recency would be 

accomplished in the aircraft type. This 


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

375As commenters have noted, they anticipate 

difficulties meeting even the minimum flight time 

requirements in powered-lift necessary for 

certificates and ratings whereas airplane and 

helicopter pilots will have built the majority of their 

flight time in airplanes and helicopters. It would be 

difficult to support relief from an in-flight 

requirement by allowing FSTD time for operating 

experience especially given the other increases 

FSTD use permitted in this final rule. 

is based on ICAO developed guidance as 

stated in GAMA’s comment. 

Due to the novelty of powered-lift, 

blended capabilities, their differing 

capabilities, use of advanced 

technology, and unique applications, 

the FAA has decided it is more prudent 

to develop powered-lift as their own 

independent category. It is not required 

that the FAA align all its regulations 

with ICAO recommendations regarding 

powered-lift. Having a separate category 

as airplane or rotorcraft would make 

holding a category specific instrument 

rating tailored closer to the powered-lift 

capabilities and type of operations. 

Therefore, the FAA adopts the provision 

as proposed. 

6. Operating Experience (§ 135.244) 

Section 135.244 specifies that before 

serving as PIC in a commuter operation 

in part 135, a pilot must accomplish 

operating experience on the make and 

basic model aircraft to be flown. This 

section, through use of the term 

‘‘aircraft,’’ applies to powered-lift. The 

hours of operating experience required 

are set forth in § 135.244(a)(1) through 

(4) and are tailored to specific aircraft 

types: single-engine aircraft, 

multiengine reciprocating enginepowered aircraft, multiengine turbineengine powered aircraft, and turbojetpowered airplanes. These categories, 

established in the 1980s, did not foresee 

the use of powered-lift in part 135. 

Further § 135.244(b) prescribes the 

manner and timing through which the 

pilot must accomplish the operating 

experience and specifically requires the 

operating experience to be 

accomplished in the aircraft. Section 

135.244(b) had no proposed changes in 

the NPRM due to the reference to 

aircraft and would include powered-lift. 

To address this concern in 

§ 135.244(a)(1) through (4) which do not 

include specific hours of operating 

experience for powered-lift, the FAA 

proposed in § 194.247(c) to require 20 

hours of operating experience in make 

and basic model of powered-lift before 

serving as PIC in part 135. This 20-hour 

operating experience requirement 

parallels the requirement for multiengine turbine airplanes, which share 

similar characteristics in terms of 

complexity. Additionally, § 194.247(c) 

would except powered-lift from the 

legacy operating experience 

requirements under § 135.244(a). By 

placing the powered-lift requirement in 

the SFAR, the FAA would retain the 

flexibility to adjust the 20-hour 

operating experience requirement as 

new data and insights become available 

to align the operating experience 

requirements with powered-lift 

operations. 

Eve submitted comments regarding 

the amendment of §§ 135.244(b) and 

194.247. Similarly, L3Harris provided 

comments on the same amendments. 

Eve and L3Harris did not challenge the 

number of hours prescribed under 

§ 194.247(c); however, they commented 

that scenario-based flight training or 

line-oriented flight training in an FSTD 

equivalent to a Level C or higher in 

category, class, and type, while under 

the direct observation of a qualified 

instructor, should replace 50 percent of 

the hours required in § 194.247(c). They 

further contended that each hour of 

operating experience be replaced with 

‘‘one full operating cycle.’’ As noted in 

section V.F. of this preamble, the FAA 

interprets the term ‘‘operating cycle’’ as 

it is defined in § 121.431 as a complete 

flight segment consisting of a takeoff, 

climb, enroute portion, descent, and a 

landing. 

Section 135.244(a) arose from a series 

of accidents in commuter operations in 

which the PIC had little to no flight in 

the particular make and model of 

aircraft they were to fly in revenue 

operations.374 While line-oriented and 

scenario-based flight training are useful 

training experiences, time obtained in 

an FSTD may not adequately replicate 

the range of real-world operational 

scenarios that were the purpose of the 

original rule. The FAA emphasizes that, 

while FSTDs provide valuable training 

opportunities, they currently do not 

fully simulate the complexities of the 

NAS, including factors such as ATC 

communications, air traffic, ground 

operations, and other operational 

elements inherent in a part 135 

commuter operation. 

This recommended modification to 

allow operating experience to be 

accomplished in FSTD would be 

difficult to limit only to powered-lift as 

such allowance is not currently 

permitted in established categories of 

aircraft that part 135 pilot will have far 

more extensive experience flying in the 

NAS.375 Such a significant change for 

all categories of aircraft necessitates a 

thorough evaluation of potential safety 

implications across different operational 

contexts, which has yet to occur. This 

departure from ‘‘real-world’’ experience 

would be beyond the scope of the 

current rulemaking effort. The FAA 

recognizes the advancements in 

simulation technology and its growing 

role in pilot training. The FAA is 

actively evaluating the use of FSTDs in 

training to this degree, and it is 

conceivable that advancements in FSTD 

technology and demonstrated 

equivalency in safety outcomes may 

warrant a reevaluation of the current 

stance in the future. However, the 

rationale for FSTDs to provide a level of 

training equivalent to real-world 

operations is a subject of ongoing 

assessment. 

In addition, the evaluation of new and 

emerging simulation technology, such 

as the use of virtual reality (VR) devices 

on qualified FSTDs, and the ability to 

realistically simulate scenarios/ 

situations is also currently being 

evaluated by the FAA. There are current 

pathways that would allow for operators 

to have that technology assessed under 

part 60 as discussed in section IV.C. of 

this preamble. At this time, the use of 

such immersive simulation technologies 

have not been fully evaluated for use on 

qualified FSTDs; nor are they currently 

utilized in training to this degree. 

The requirement for operating 

experience in actual aircraft operations 

is rooted in ensuring the highest level of 

safety and public confidence in 

commercial aviation. Thus, the FAA 

maintains the importance of actual inflight experience in the basic make and 

model of aircraft to be flown. This 

experience encompasses many ‘‘realworld’’ occurrences such as air traffic 

control, certain weather conditions, 

passengers, ground obstacles/hazards, or 

other factors that can play an important 

role in the development of a pilot’s 

aeronautical decision-making skills and 

operational proficiency in the actual 

passenger-carrying part 135 commuter 

operations. 

To the extent that commenters 

recommended replacing each hour of 

flight with an ‘‘operating cycle’’ when 

there is already a provision to reduce 

the flight hours by fifty percent for each 

takeoff and landing, this allowance 

would potentially reduce hours even 

further than currently allowed by 

§ 135.244(b)(4). That section already 

permits the substitution of hours with 

takeoffs and landings. Replacing hours 

with operating cycles would further 

decrease hours and reduce the 

experience level of initial PICs in 

commuter operations to unacceptable 

levels. 

While the FAA appreciates the 

suggestions put forth by the 

commenters, the current regulatory 

approach requiring actual aircraft 


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376The FAA notes that § 135.245(b) applies only 

to helicopters, and that provision is unchanged in 

this final rule. 377 88 FR 38946 at 39016 (June 14, 2023). 

operating experience as prescribed in 

§ 135.244(b) will be maintained. The 

FAA will continue to monitor 

advancements in FSTD technology and 

their potential application in pilot 

training programs. Any future changes 

to the regulatory requirements will be 

considered through a comprehensive 

rulemaking process, ensuring 

stakeholder engagement and adherence 

to safety priorities. 

Eve commented that § 61.64 requires 

pilots who completed their practical test 

in a flight simulator without meeting 

certain experience requirements to 

complete 25 hours of supervised flight 

with a qualified pilot-in-command 

before their PIC restriction is lifted. Eve 

argued that in the cases in which a pilot 

is completing the supervised operating 

experience mandated by § 61.64, the 

operating experience requirements of 

§§ 135.244 and 194.247 may be 

considered satisfied. 

A pilot can concurrently comply with 

the requirements of supervised 

operating experience of § 61.64 if the 

operating experience requirements and 

provisions of §§ 135.244 and 194.247 

are also complied with. The time 

requirements for the applicable 

regulations address differing objectives 

of the operating experience. Section 

61.64 addresses experience not received 

in the actual aircraft, whereas § 135.244 

provides passenger-carrying experience 

to a new pilot who is learning about the 

operation. The requirements under 

§ 135.244(b) are more restrictive, as they 

require the observations to be conducted 

during part 135 commuter passengercarrying operations. In the case of an 

aircraft not previously used by the 

certificate holder in part 135 operations, 

operating experience acquired in the 

aircraft during proving flights or ferry 

flights may be used. As a result, part 61 

SOE cannot replace the part 135 

operating experience requirements—it 

would not, on its own, satisfy the 

requirements of § 135.244(b). However, 

should the § 61.64 requirements be 

satisfied during § 135.244(b) operating 

experience, completing them 

concurrently (as opposed to one in lieu 

of another) is possible. In this case, the 

pilot satisfying the requirements of 

§ 61.64 must meet all requirements to 

serve in a part 135 commuter operation. 

HAI contended twenty hours of PIC in 

each make/model of powered-lift is 

impractical, and that training in the 

basic make/model of any other type of 

aircraft is considered sufficient without 

providing any additional safety 

argument. 

The FAA chose twenty hours in the 

aircraft to mirror multi-engine turbine 

engine-powered requirements. The FAA 

expects many powered-lift, due to their 

novel nature and complex systems, to be 

on par with the level of complexity as 

these multi-engine turbine engine jets. 

The powered-lift category presently 

includes aircraft as complex as the AW– 

609, which is neither small nor simple 

in systems or operation. The rule must 

be inclusive of and appropriate to all 

powered-lift that may exist within the 

category. In time, if classes emerge in 

powered-lift that are significantly more 

or less complex, higher or lower 

minimums may be implemented. With 

regard to the comment that 20 hours of 

PIC in each make and model is 

impractical, HAI did not provide any 

explanation for its statement. To the 

extent that HAI suggests that time in any 

make and model of powered-lift should 

count for all makes and models of 

powered-lift, this allowance would be 

inconsistent with the requirements 

imposed on other categories of aircraft 

in § 135.244. As HAI provided no safety 

justification for disparate requirements, 

the FAA is finalizing § 194.247 as 

proposed. 

7. Second in Command Qualifications 

(§ 135.245) 

In the NPRM, the FAA proposed 

revising § 135.245, which sets the 

certification requirements for SICs 

operating aircraft, to specifically include 

reference to powered-lift where 

appropriate. The FAA notes that a 

majority of the section did not require 

amendment as the existing language in 

§ 135.245(a) and (d) already reference 

‘‘aircraft,’’ a term that includes 

powered-lift.376 However, the FAA 

proposed amendment to § 135.245(c)(1) 

to add powered-lift, which will ensure 

the instrument currency requirements 

for airplane and helicopter SICs are 

likewise applicable to powered-lift. 

These proposed changes standardize the 

SIC instrument experience requirements 

across powered-lift, airplanes, and 

helicopters for SICs who serve in IFR 

operations. 

In its comments, GAMA proposed 

amending § 135.245, recommending that 

the SIC instrument rating requirement 

for powered-lift be satisfied with either 

an airplane or helicopter instrument 

rating. This approach contemplates 

powered-lift as an add-on type rating to 

existing airplane or helicopter 

categories, per ICAO guidance, rather 

than a separate powered-lift category. 

Furthermore, GAMA recommended 

that powered-lift type ratings should 

carry a VFR-only operating limitation, 

unless the approved course of training 

is certified by the authority to include 

IFR operations and VFR On-top. 

Additionally, GAMA suggested 

modifications to § 135.245(c)(1), 

paragraphs (ii) and (iii), to align them 

with ICAO guidance. The totality of 

these comments reflect GAMA’s 

recommendation for integrating 

powered-lift into the existing regulatory 

framework by applying ICAO guidance 

applicable to airplanes or helicopters. 

The FAA revised § 135.245(c) to align 

the SIC instrument experience 

requirements uniformly across poweredlift, airplanes, and helicopters. This 

alignment ensures that the instrument 

experience requirements are consistent 

across the categories of aircraft, 

addressing the core of GAMA’s 

recommendation for alignment. Further, 

having the SIC instrument experience 

requirements for powered-lift increases 

safety as explained in section V.J.5.ii. of 

this preamble. 

Regarding GAMA’s proposal that the 

FAA align all its regulations with ICAO 

guidance regarding powered-lift, the 

FAA has decided on a different path. 

After thorough consideration, detailed 

in section V.J.7. of this preamble, the 

FAA has determined that the skill level 

and knowledge required for pilots of 

powered-lift necessitate a more 

conservative stance instead of applying 

ICAO recommendation to § 135.245. 

The FAA adopts the provision as 

proposed in the NPRM. 

8. Pilot Qualifications: Recent 

Experience (§ 135.247) 

Section 135.247 specifies the recent 

takeoff and landing experience that a 

PIC must complete within the preceding 

90 days to carry passengers in an 

aircraft. Under § 135.247(a)(3), the PIC 

of a turbine-powered airplane type 

certificated for more than one pilot may 

complete an alternative to the night 

takeoff and landing requirements. To 

complete an alternate path, a PIC must 

serve as PIC of a turbine-powered 

airplane that is type-certificated for 

more than one pilot crewmember and 

comply with the requirements listed in 

the regulation. 

Based on the active certification 

projects for powered-lift, the FAA 

expected that a majority of powered-lift 

will not be type-certificated for more 

than one pilot crewmember. For the 

reasons stated in the NPRM, the FAA 

did not propose extending the 

alternative experience requirements in 

§ 135.247(a)(3) to powered-lift and, 

therefore, proposed no amendments to 

§ 135.247.377


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The FAA did not receive any 

comments on excluding powered-lift 

from the alternate provisions set forth 

by § 135.247(a)(3). Therefore, no 

regulatory changes are adopted in this 

final rule. 

9. Initial and Recurrent Pilot Testing 

Requirements (§ 135.293) 

In the NPRM, the FAA proposed 

amendments to § 135.293, which pertain 

to initial and recurrent pilot testing 

requirements, to incorporate poweredlift where appropriate. While § 135.293 

remains largely unchanged, 

modifications have been made to the 

following sections to accommodate 

powered-lift. 

Section 135.293(a)(9) specifies 

rotorcraft pilot testing requirements on 

recognizing and avoiding of hazardous 

visibility conditions like flat-light, 

whiteout, and brownout. The FAA 

proposed extending these requirements 

to powered-lift pilots, ensuring they are 

trained to recognize and avoid 

hazardous visibility conditions 

applicable to powered-lift. 

In § 135.293(b), which specifies the 

requirement for pilots to complete a 

practical skills and techniques 

competency check in the aircraft every 

12 months, the FAA proposed that 

powered-lift pilots also complete these 

checks for each type of powered-lift 

they operate. This proposal ensures that 

powered-lift pilots maintain the same 

level of competency and proficiency as 

required for other aircraft types. 

Section 135.293(c) mandates 

competency checks for rotorcraft 

include demonstrations of maneuvering 

solely by reference to instruments and 

transitioning into VMC following an 

inadvertent encounter with IMC. 

Section 135.293(c) also requires that for 

non-IFR-certified rotorcraft, the pilot 

must perform maneuvers that are 

appropriate to the rotorcraft’s installed 

equipment, the certificate holders’ 

operations specifications, and the 

operating environment. Recognizing the 

critical importance of these skills, the 

FAA proposed applying these same 

evaluation and maneuver requirements 

to powered-lift pilots to ensure they 

possess the necessary capabilities to 

handle similar conditions. 

Finally, regarding § 135.293(h), the 

FAA proposed a permanent change to 

remove the compliance date 

memorialized in this paragraph and 

reserve it, as the compliance date has 

already passed. 

GAMA’s comments recommend 

applying ICAO guidance to read the 

terms ‘‘helicopter’’ or ‘‘rotorcraft’’ to 

apply to ‘‘powered-lift.’’ Specifically, 

GAMA proposes that § 135.293(a)(9), 

(b), (c), and (h), as addressed above, 

should be applicable to powered-lift. 

In response to GAMA’s comments to 

apply ICAO guidance, the FAA notes 

that the proposed language for 

§ 135.293(a)(9) already aligns with this 

perspective by requiring powered-lift 

pilots to undergo testing for hazardous 

weather condition recognition and 

avoidance. Regarding § 135.293(b), the 

FAA adopts language similar to multiengine airplanes due to the complexity 

and unique nature of each powered-lift 

type, achieving similar outcomes to 

what helicopter-specific language would 

have necessitated. For § 135.293(c), the 

FAA’s proposal incorporates the more 

restrictive helicopter requirement for 

powered-lift, in line with GAMA’s 

suggestions. Finally, for § 135.293(h), 

the FAA’s proposal included the 

application of these sections to 

powered-lift. 

The FAA adopts the amendments to 

§ 135.293 as proposed. 

10. Pilot in Command: Instrument 

Proficiency Check Requirements 

(§ 135.297) 

i. Pilot in Command: Instrument 

Proficiency Check Requirements 

(§ 135.297(a) and (b)) 

Section 135.297 prescribes the 

instrument proficiency check (IPC) 

requirements for the PIC of a part 135 

IFR operation. The requirements in 

§ 135.297(a) and (b) would apply to 

powered-lift PICs in part 135 operations 

as written. 

The FAA did not receive any 

comments suggesting these provisions 

should not be applicable to poweredlift; therefore, no amendments are 

adopted in this final rule and 

§ 135.297(a) and (b) will apply to pilots 

in command of powered-lift. 

ii. Pilot in Command: Instrument 

Proficiency Check (IPC) Requirements 

(§ 135.297(c)) 

The FAA proposed amendments to 

§ 135.297(c) to include powered-lift in 

the IPC requirements for PICs. The 

regulation defines instrument checking 

maneuvers for PICs flying an airplane 

under § 135.243(a) (turbojet of 10 or 

more seats or a multi-engine commuter) 

or PICs of airplanes and helicopters 

conducting IFR operations under 

§ 135.243(c). In addition to not 

addressing powered-lift IPC maneuver 

requirements, this regulation contains a 

regulatory gap in that it does not 

include a standard for helicopter 

operations conducted under 

§ 135.243(a). The FAA proposed to 

amend § 135.297(c)(1)(i) to broadly refer 

to ‘‘aircraft’’ to ensure consistency in the 

instrument proficiency check 

requirements across categories of 

aircraft. 

GAMA, as part of its broader 

argument that powered-lift should be 

considered add-on ratings to the 

existing categories of rotorcraft or 

airplane, proposed that the instrument 

proficiency check requirements for 

powered-lift in § 135.297(c)(1) match 

requirements with those of helicopters. 

GAMA’s recommendation would have 

powered-lift adhere to the instrument 

proficiency check requirements of a 

helicopter, which prior to this final rule 

would have applied instrument 

procedures and maneuvers at the 

commercial pilot certificate level to all 

§ 135.297 checks for powered-lift even 

those operations that require the PIC to 

hold an ATP certificate (i.e., 

§ 135.243(a)). The FAA maintains that 

every aircraft category should be 

evaluated on ATP instrument 

procedures and maneuvers when the 

operation requires the PIC to hold an 

ATP certificate. Limiting this evaluation 

requirement to airplanes while allowing 

helicopter and powered-lift operations 

to conduct checks at the commercialinstrument level would undercut the 

same rationale for holding the ATP 

certificate in the first place. 

Therefore, the FAA adopts 

§ 135.297(c). 

iii. Pilot in Command: Instrument 

Proficiency Check Requirements 

(§ 135.297(g)) 

Section 135.297(g) specifies the 

checking requirements for PICs 

authorized to use an autopilot system in 

place of an SIC. The FAA proposed 

permanently amending paragraph (g)(3), 

which currently only references 

airplanes, to require that if the PIC is 

authorized to use an autopilot system in 

place of an SIC in any aircraft, the PIC 

must demonstrate proficiency in its use. 

This amendment will ensure all PICs are 

checked on autopilot systems to the 

same standard. Additionally, to provide 

sufficient time for existing rotorcraft 

operators to update their checking 

programs, if necessary, the FAA 

proposed a compliance date of six 

months after the effective date of the 

final rule for this paragraph. 

The FAA did not receive any 

comments on the alternate provision set 

forth by § 135.297(g). The provision is 

adopted as proposed. 

11. Initial and Transition Training and 

Checking: Flight Instructors (Aircraft), 

Flight Instructors (Simulator) 

(§ 135.340) 

The FAA did not propose any changes 

in the NPRM to §§ 135.339 and 135.340 


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378 § 142.53(b)(2). 

379 § 142.53(b)(3). 

380 §§ 142.53(b)(2)(i) and (b)(3)(i). 

and, therefore, did not receive any 

comments on these provisions but finds 

amendments necessary due to related 

changes in this final rule. Section 

135.340, which prescribes initial and 

transition training for instructors in 

aircraft and simulators, as currently 

written, applies to powered-lift flight 

instructors. To ensure the ATP 

certificate privileges contained in 

§ 61.167(a) are not expanded as a result 

of the SFAR’s airman certification 

training curriculum, the FAA proposed 

a temporary limitation to prohibit ATP 

certificate holders with powered-lift 

ratings from instructing other pilots for 

the purpose of obtaining a commercial 

pilot certificate with a powered-lift 

category rating or an instrumentpowered-lift rating. 

Regulatory language in §§ 135.339 and 

135.340 currently stipulates 

requirements that prevent flight 

instructors or check airmen from 

qualifying in aircraft without two pilot 

seats, which creates a conflict with the 

proposed SFAR single set of flight 

controls pathways. Specifically, 

§ 135.339(e)(3) requires training and 

practice in conducting flight checks 

from both the left and right pilot seats 

for normal, abnormal, and emergency 

procedures to ensure competence in 

conducting the required pilot flight 

checks. Similarly, § 135.339(e)(4) 

requires safety measures likely to 

develop during checking to be taken 

from either pilot seat for emergency 

situations. Section 135.340 contains 

similar requirements necessitating dual 

controls in paragraphs (e)(3) and (e)(4) 

for flight instruction. 

In the case of single-pilot-seat 

powered-lift, the requirements under 

§§ 135.339 and 135.340 are not 

applicable due to there being no 

distinction between left and right pilot 

seats. Consequently, the FAA 

introduced regulatory flexibility within 

these sections to accommodate training 

in single-seat powered-lift. The 

amendments allow the collection of 

relevant data and other pertinent 

information during the SFAR period, 

which may inform future updates to the 

regulations as needed. 

Therefore, the FAA is revising 

§§ 135.339 and 135.340 to reflect 

training required from both the pilot 

seat and the observer seat (when 

applicable) to ensure instructors and 

check pilots are properly trained on 

techniques and procedures to observe 

all required maneuvers when using the 

single controls pathway. 

12. Pilots: Initial, Transition, and 

Upgrade Ground Training (§ 135.345) 

Section 135.345 establishes the 

requirements for initial, transition, and 

upgrade ground training for pilots and 

includes the requirements for what 

training must be completed. Poweredlift will be included under the proposed 

expanded scope of § 135.227(b) (as 

discussed in section VI.D.4. of this 

preamble), which will require training 

under § 135.354(b)(6)(iv) in certain 

icing-related requirements. Currently, 

§ 135.354(b)(6)(iv), is limited to airplane 

operators seeking authorization to take 

off during ground icing conditions. To 

address this issue, the FAA proposed 

extending § 135.345(b)(6)(iv) to include 

powered-lift through § 194.247(d), 

which will require the icing-related 

training when applicable. 

The FAA did not receive any 

comments objecting to or suggesting 

modifications to § 194.247(d). Therefore, 

the FAA adopts the provision as 

proposed. 

K. Part 142 Training Centers 

To accommodate powered-lift in part 

142 training centers, and harmonize 

requirements for airplanes, powered-lift, 

and rotorcraft, the FAA proposed to 

amend certain part 142 requirements. 

Specifically, the FAA proposed to 

amend §§ 142.11(d)(2)(iii), 142.47(c)(2), 

142.53(b)(2) and (b)(3), and 142.57(c) to 

permit the use of FSTDs for powered-lift 

training, testing, and checking. These 

amendments will also harmonize the 

eligibility and testing requirements for 

instructors providing inflight training in 

powered-lift and training in an FSTD for 

all aircraft categories. 

1. Subpart A—General Requirements 

(§ 142.11(d)(2)(iii)) 

Subpart A of part 142 prescribes the 

requirements governing the certification 

and operation of training centers and 

provides an alternative means to 

accomplish the training required by part 

61, 63, 65, 91, 121, 125, 135, or 137. 

Section 142.11 sets forth the application 

requirements for issuance of a new or 

amended training center certificate and 

training specifications. Because the FAA 

expects training centers to use poweredlift FSTDs for training, testing, and 

checking, the FAA proposed an 

amendment to § 142.11(d)(2)(iii) to 

remove the terms ‘‘airplane’’ and 

‘‘rotorcraft’’ and use the term ‘‘aircraft’’ 

to include powered-lift. With this 

amendment, training centers will be 

able to apply for training specifications 

and receive authorization for the use of 

FAA qualified powered-lift FSTDs, in 

addition to existing airplane and 

rotorcraft requirements. The FAA did 

not receive comments on this 

amendment and adopts the amendment, 

as proposed. 

2. Subpart C—Personnel and Flight 

Training Equipment Requirements 

(§§ 142.47(c)(2) and 142.53(b)(2) and 

(b)(3)) 

Subpart C prescribes the personnel 

and flight training equipment 

requirements for a certificate holder that 

is providing training to meet the 

requirements of part 61. First, § 142.47 

prescribes the eligibility requirements 

for instructors in an approved flight 

training course and, as relevant to this 

rulemaking, requires each instructor to 

satisfactorily complete a written test 

accepted by the Administrator as being 

of equivalent difficulty, complexity, and 

scope as the tests provided by the 

Administrator for the flight instructor 

airplane and instrument flight instructor 

knowledge tests. The FAA proposed to 

amend § 142.47(c)(2)(ii) to apply to the 

successful completion of the written test 

for the specific category of aircraft in 

which the instructor will instruct. The 

FAA did not receive comments on this 

amendment and adopts the amendment 

as proposed. Section V.G.3. of this 

preamble discusses additional 

amendments adopted within § 142.47. 

Next, § 142.53 prescribes further 

training center instructor training and 

testing requirements. Among other 

requirements, each instructor who 

instructs in a flight simulator for an ATP 

certificate test, type rating test (or both) 

must meet one of three requirements set 

forth in § 142.53(b)(1) through (3). Two 

of these options include participation in 

an approved line-observation program 

under part 121 or part 135, with certain 

parameters,378 or participation in an 

approved in-flight observation training 

course, with certain parameters.379

However, each of these options are 

airplane specific,380 leaving an 

instructor in another category of aircraft 

only the first compliance option in 

§ 142.53(b)(1) (i.e., in flight operations). 

The FAA found, and maintains, a 

line-observation program as described 

in § 142.53(b)(2), or an inflight 

observation program as specified in 

§ 142.53(b)(3), provide equivalent 

training and experience for FFS 

instructing in a rotorcraft or poweredlift as these options do in airplanes. 

Additionally, expanding the options to 

rotorcraft and powered-lift provides 

flexibility to select the best option for 

the instructor and training center. 


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381Section 142.57(c) specifically delineates 

controls such as nose-wheel steering, switches, fuel 

selectors, and engine air flow controls. 

382Section 135.243(b) outlines who may serve as 

PIC of an aircraft under VFR, and it includes a 

person who (1) holds at least a commercial pilot 

certificate with certain ratings, (2) has had at least 

500 hours time as a pilot, including cross-country 

flight time and at night, (3) for an airplane, holds 

an instrument rating or an ATP certificate with an 

airplane category rating, or (4) for helicopter 

operations conducted VFR over-the-top, holds a 

helicopter instrument rating or an ATP certificate 

with a category and class rating for that aircraft, not 

limited to VFR. 

383As discussed, § 135.243(b) contains the PIC 

qualification requirements for aircraft operated 

under VFR. 

Therefore, the FAA proposed to amend 

paragraphs (b)(2) and (b)(3) to change 

the word ‘‘airplane’’ to ‘‘aircraft’’ to 

encompass all aircraft categories. The 

FAA did not receive comments on these 

option expansions and adopts the 

amendment as proposed. 

Finally, § 142.57 prescribes the 

requirements for training center 

certificate holders and applicants that 

use aircraft for flight instruction. 

Specifically, § 142.57(b), as currently 

written, requires aircraft used for flight 

instruction to be at least a two-place 

aircraft with engine power controls and 

flight controls easily reached from both 

pilot stations. However, § 142.57(c) 

provides an exception to this 

requirement and allows a part 142 

training center to use an airplane for 

flight instruction with certain 

controls 381 that are not easily reached 

and operated in a conventional manner 

by both pilots if the certificate holder 

has determined the instruction can be 

given in a safe manner considering the 

location of controls and their operation. 

Because the FAA’s original intention in 

implementing this regulation was to 

apply the exception to all aircraft, rather 

than only airplanes, the FAA proposed 

revising the exception in § 142.57(c) to 

apply to all aircraft. The FAA did not 

receive comments on the expanded 

flexibility and adopts the amendment as 

proposed. This preamble further 

discusses § 142.57 in the context of dual 

controls in section V.K.2. 

Adding Inceptors to the List of Controls 

in § 142.57(c) 

While the FAA did not receive 

comments on the proposed amendment 

to § 142.57(c) adopted herein, Eve 

recommended that inceptors be added 

to the types of controls referred to in 

§ 142.57(c) as excepted from § 142.57(b). 

In other words, Eve’s proposed 

amendment would permit and expand 

the exception to controls that are 

required to be easily reached and 

operated in a conventional manner by 

both pilots during flight instruction. Eve 

did not provide supporting arguments 

for the exclusion of inceptors as 

compared to other controls; however, 

the FAA maintains that these controls in 

particular are critical to maintaining 

safety in in-flight instruction and, 

therefore, declines to expand the 

exception to inceptors. 

Section 142.57(c) identifies several 

controls excepted from meeting the 

standard in § 142.57(b) in recognition 

that certain uniquely configured aircraft 

could be safely operated in the context 

of flight instruction: nose-wheel 

steering, switches, fuel selectors, and 

engine air flow controls. In a broad 

context, inceptors are flight-critical 

controls on fly-by-wire aircraft used to 

adjust the flight path of an aircraft that 

are not excepted from the requirements 

of § 142.57(b). As previously defined in 

footnote 35 of this preamble, the term 

‘‘inceptor’’ refers to a wide variety of 

non-traditional pilot controls through 

which pilot inputs are managed for the 

purpose of operating the powered-lift. 

Due to the breadth of piloting tasks 

and systems that inceptors govern, 

systems that are critical must be 

accessible by both pilots during flight 

training. Given these considerations, as 

well as the wide variety of powered-lift 

designs and control features expected, 

the FAA does not find it appropriate to 

extend relief in § 142.57(c) to inceptors 

at this time. The FAA considered the 

challenges imposed by some new-entry 

powered-lift which may have only one 

set of controls (e.g., inceptors) or one 

pilot station, which is discussed in 

section V.D. of this preamble. 

3. Temporary Alternate Means To 

Satisfy Minimum Curriculum Content 

in Training Courses Under Part 142 

(§ 194.251) 

Finally, the FAA proposed to relieve 

an applicant from the requirement to 

receive flight training on a task (or 

perform the task on a practical test) in 

accordance with an examiner’s waiver 

authority because the powered-lift is 

incapable of performing the task. In 

turn, the FAA proposed that a training 

course for which approval is requested 

is not required to include training on a 

task specified in an area of operation if 

the powered-lift is not capable of 

performing the task, provided the FAA 

has issued waiver authority for that task 

in accordance with § 194.207(b). The 

FAA proposed this relief in § 194.251 

and did not receive any comments on 

this provision. As discussed in section 

V.H.1. of this preamble, the FAA 

adopted the described training and 

testing relief as proposed; therefore, this 

final rule adopts § 194.251 as proposed. 

L. Subpart K of Part 91 Pilot 

Qualifications 

Subpart K of part 91 allows for 

fractional owners and their respective 

management company to share 

operational control of an aircraft. This 

subpart details certain operational 

considerations pertaining to fractional 

ownership programs to include safety 

standards for pilot training and 

qualifications. In the NPRM, the FAA 

discussed how the current regulatory 

framework as well as proposed 

amendments would be applicable to 

fractional ownership programs using 

powered-lift. 

Section 91.1053 prescribes the FAA 

certification and ratings required to 

serve as a pilot in aircraft under a 

fractional ownership program and is 

applicable to powered-lift as written. 

Section 91.1053(a)(2)(i) requires the PIC 

of a powered-lift to hold an ATP 

certificate and applicable type ratings to 

conduct operations under subpart K of 

part 91. The FAA proposed a permanent 

amendment to § 91.1053(a)(2)(i) to 

clarify that the type rating required to 

operate under subpart K of part 91 

cannot be limited to VFR-only 

operations. 

The FAA received one comment in 

response to this proposal from Eve who 

proposed that the FAA apply the same 

requirements of pilot qualifications as 

already specified in § 135.243(b) 382 to 

fractional operators under subpart K of 

part 91. Eve suggested their proposal 

will allow future operators to foster the 

market from a less complex start, which 

the FAA interprets to mean an entrance 

into the market that is on par with 

similarly situated airplane operators, as 

well as address the current shortage of 

professional pilots available in the U.S. 

market. Eve also proposed revising the 

pilot qualification minima in 

§ 135.243(b) to allow an airplane or 

helicopter instrument rating in place of 

a powered-lift instrument rating. Eve 

suggested this revised version of 

§ 135.243(b) could also be incorporated 

into § 91.1053 to apply to subpart K of 

part 91 operators. The FAA determined 

that there is a significant safety 

advantage to being instrument rated in 

the category of aircraft flown and that 

instrument experience in other 

categories does not automatically 

provide the knowledge or skills to safely 

pilot the aircraft in an inadvertent 

instrument conditions encounter.383

The FAA, accordingly, adopts § 91.1053 

as proposed. 

Section 91.1055 prescribes pilot 

operating limitations and pairing 

requirements for fixed-wing program 


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384See 88 FR 38946 at 39024–39025 (June 14, 

2023). 

aircraft. The regulation requires the PIC 

to execute takeoffs and landings under 

certain operational conditions when the 

SIC has less than 100 hours of flight 

time as SIC in the aircraft make and 

model and type, if a type rating is 

required, and the PIC is not an 

appropriately qualified check pilot. The 

FAA proposed that this rule apply to 

powered-lift in § 194.245. The FAA 

received no comments and therefore 

adopts § 194.245 as proposed. 

Section 91.1065 prescribes the initial 

and recurrent pilot testing requirements. 

Section 91.1065(b) specifies 

‘‘multiengine aircraft;’’ therefore, the 

parts of this section that reference 

aircraft are applicable to powered-lift. 

As described in the NPRM, all poweredlift coming to market are multiengine 

aircraft, and the FAA does not 

anticipate civil single-engine poweredlift to be developed during the term of 

this SFAR. The FAA did not receive any 

comments related to § 91.1065. As such, 

in accordance with existing 

§ 91.1065(b), PICs and SICs of poweredlift fractional ownership program 

operations must complete a competency 

check in each type of powered-lift in 

which the pilot will serve every 12 

calendar months. 

VI. Operational Rules for Powered-Lift 

A. Introduction 

As noted in the Executive Summary, 

the FAA received comments requesting 

that the FAA apply a more performancebased approach to the SFAR operational 

rules rather than largely apply the 

airplane provisions to powered-lift 

operations. As discussed in this section, 

the FAA determined that applying 

performance-based criteria to allow 

some powered-lift to use the rotorcraft/ 

helicopter provisions for some of the 

operational rules is appropriate. As a 

result, and as discussed below in more 

detail, the FAA has created operational 

flexibility by establishing some 

performance-based standards for 

powered-lift operations. 

The FAA notes there were four 

different regulatory tables in the 

proposed SFAR. The FAA addressed the 

parts 91 and 135 airplane provisions in 

the tables to §§ 194.302 and 194.307. It 

addressed the parts 91 and 135 

helicopter and rotorcraft provisions in 

the tables to §§ 194.303 and 194.308. 

For the final rule, the FAA has 

combined the part 91 airplane and 

rotorcraft tables, now found at 

§ 194.302, and the part 135 airplane and 

rotorcraft tables, now found at 

§ 194.306. 

Finally, the FAA notes that it made a 

technical amendment to § 194.301 to 

provide further clarity. There are some 

existing regulatory sections that 

reference a specific category of aircraft 

such as airplanes or rotorcraft. If any of 

those references are not clarified in the 

SFAR regulatory text, then the FAA 

intended for them not to apply to 

powered-lift. Consequently, the FAA 

amended § 194.301 to state, ‘‘In 

addition, any sections or paragraphs 

within sections under parts 91 and 135 

that refer to specific categories of 

aircraft and that are not referenced in 

the SFAR tables to § 194.302 or 

§ 194.306, do not apply to powered-lift.’’ 

B. Part 91 Rules for Powered-Lift 

Section 91.9(a) and (b) specify the 

requirements for complying with the 

operating limitations in an approved 

Airplane or Rotorcraft Flight Manual, 

and requirements for maintaining the 

Airplane or Rotorcraft Flight Manual in 

the aircraft, as appropriate to the 

aircraft. The FAA proposed in 

§ 194.302(a) to apply the requirement to 

comply with the operating limitations of 

the aircraft’s approved flight manual to 

powered-lift and to maintain the flight 

manual in the powered-lift. The FAA 

also proposed a permanent amendment 

to § 91.1(d) to change the term 

‘‘airplane’’ to ‘‘aircraft’’ because these 

provisions apply to all aircraft. The FAA 

did not receive any comments related to 

these proposals and is therefore 

adopting § 194.302(a) and the 

amendment to § 91.1(d) as final. 

The FAA received a general comment 

about the proposed rules for poweredlift and part 91. 

AOPA argued the proposed SFAR did 

not sufficiently address requirements for 

private powered-lift operations to be 

conducted under part 91. AOPA 

indicated they expect an increase in 

private operations within a few years 

and requested clarification on private 

operating requirements. 

The FAA disagrees with AOPA that 

the SFAR does not address requirements 

for ‘‘private’’ operations. The FAA 

asserts that operations that are not 

commercial operations are regulated by 

part 91. During this rulemaking, the 

FAA evaluated the part 91 regulations to 

determine how they apply to poweredlift. As discussed in the NPRM, the part 

91 rules pertaining to ‘‘aircraft’’ already 

apply to powered-lift.384 The FAA then 

evaluated every part 91 rule pertaining 

to ‘‘airplanes,’’ ‘‘helicopters,’’ and 

‘‘rotorcraft’’ and determined if and how 

each of those would apply to poweredlift. Those regulations are outlined in 

the SFAR under § 194.302. As a result, 

the regulations outlined in § 194.302 

address non-commercial operations 

(what the commenter is referring to as 

‘‘private’’ operations). 

1. Flight Rules 

Section 91.103 requires a PIC to be 

familiar with all available information 

concerning that flight. Section 

91.103(b)(1) states that this information 

must include takeoff and landing 

distance data as specified in an 

approved Airplane or Rotorcraft Flight 

Manual. The FAA proposed in 

§ 194.302(b) that powered-lift with an 

AFM approved through the aircraft 

certification process in part 21 comply 

with the provisions in § 91.103(b)(1). 

The FAA did not receive any comments 

related to this proposal and is therefore 

adopting § 194.302(b) as final. 

Section 91.107 prescribes rules 

related to the use of safety belts, 

shoulder harnesses, and child restraint 

systems. Specifically, § 91.107(a)(3)(i) 

through (iii) requires that each person 

onboard an aircraft operated under part 

91 occupy an approved seat or berth 

with a separate safety belt and, if 

installed, shoulder harness properly 

secured about the person during 

movement on the surface, takeoff, and 

landing. The FAA proposed in 

§ 194.302(c) to apply § 91.107(a)(3)(i) 

through (iii) to powered-lift. For 

seaplane and float-equipped rotorcraft 

operations during movement on the 

surface, § 91.107(a)(3) excepts the 

person pushing off the seaplane or 

rotorcraft from a dock and the person 

mooring the seaplane or rotorcraft at a 

dock from the preceding seating and 

safety belt requirements. The FAA 

proposed in § 194.302(c) to apply the 

same exception to powered-lift when 

the powered-lift is operating like a 

seaplane or float-equipped rotorcraft. 

The FAA did not receive any comments 

related to § 194.302(c) and is therefore 

adopting § 194.302(c) as final. 

Section 91.113 prescribes the rules for 

converging aircraft based on category 

and type of operation (e.g., towing). 

Under § 91.113(d), when aircraft of the 

same category are converging at 

approximately the same altitude (except 

head-on, or nearly so), the aircraft to the 

other’s right has the right-of-way. When 

the aircraft are of different categories, 

§ 91.113(d)(1) through (3) establishes a 

hierarchy giving priority to balloons, 

then gliders, followed by airships, and 

then to airplanes and rotorcraft. An 

aircraft that is towing or refueling other 

aircraft has right-of-way over all other 

engine-driven aircraft. The FAA 

emphasized aircraft maneuverability 

when establishing the right-of-way 

hierarchy for converging aircraft in 


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

§ 91.113(d)(1) through (3). The preamble 

for the original right-of-way rule states 

‘‘an aircraft will give way to another of 

a different class which is less 

maneuverable and is unable to take as 

effective action to avoid collision.’’ The 

FAA proposed in § 194.302(d) that 

powered-lift comply with the airplane 

provisions in this paragraph and yield 

right-of-way as prescribed in this 

section. 

The FAA received three comments 

related to § 91.113 and the proposed 

§ 194.302(d). ALPA expressed support 

for including powered-lift in the same 

right-of-way category as airplanes and 

rotorcraft. An anonymous commenter 

stated they believe it is important that 

all pilots have the same understanding 

of which aircraft have the right-of-way, 

and therefore recommended the FAA 

make a permanent change to 

§ 91.113(d)(2) and (3) instead of 

publishing this change in the SFAR. An 

individual commenter asked the FAA to 

elaborate on why powered-lift is 

proposed to be grouped with these other 

aircraft types and how this 

categorization ensures safe and efficient 

traffic flow. 

Right-of-way rules maintain the 

privilege of less maneuverable aircraft to 

safely proceed with priority over more 

maneuverable aircraft in the NAS. The 

proposed § 91.113(d)(2) continues to 

give gliders right-of-way over powered 

aircraft such as airplanes, powered-lift, 

and rotorcraft. Additionally, the 

proposed § 91.113(d)(3) continues to 

give airships right-of-way over all other 

powered aircraft, except for those 

aircraft that are towing or refueling 

another aircraft. Balloons will continue 

to have the right-of-way over any other 

aircraft category. 

The FAA agrees with the commenter 

that § 91.113 should outline the 

powered-lift right-of-way rule instead of 

the SFAR so that all pilots understand 

how powered-lift should be treated in 

the NAS under the right-of-way rules. 

The FAA recognizes that a separate 

rulemaking, the Modernization of 

Special Airworthiness Certification 

NPRM (‘‘MOSAIC’’),385 has proposed 

language under § 91.113 that would 

apply to ‘‘powered aircraft.’’ The FAA is 

promulgating this powered-lift final rule 

before the MOSAIC final rule. As a 

result, any changes included in the final 

MOSAIC regulatory text for § 91.113 

will supersede the powered-lift § 91.113 

language once MOSAIC is finalized and 

effective. Nevertheless, the language in 

this rule allows powered-lift to operate 

under the § 91.113 right-of-way rules. 

Therefore, the FAA adopts the 

proposal under § 194.302(d) as a 

permanent amendment. The FAA 

recognizes the importance of all pilots 

understanding the right-of-way rules set 

forth in § 91.113. Consequently, instead 

of placing the final language within the 

SFAR, it is now a permanent change 

within § 91.113. Under § 91.113(d)(2), a 

glider has the right-of-way over an 

airship, powered parachute, weightshift-control aircraft, airplane, poweredlift, or rotorcraft. Under § 91.113(d)(3), 

an airship has the right-of-way over a 

powered parachute, weight-shift-control 

aircraft, airplane, powered-lift, or 

rotorcraft. 

Section 91.119 prescribes the 

minimum safe altitude (MSA) for 

aircraft operations. This section 

establishes less restrictive minima for 

helicopters, which in certain 

circumstances as described in 

§ 91.119(d), are allowed to operate 

below the minimum altitudes 

prescribed for airplanes in § 91.119 (b) 

and (c). The justification for allowing 

helicopters to operate below minimum 

altitudes was based on helicopter 

performance capability. Accordingly, 

the FAA did not propose to apply the 

helicopter minimum altitude 

requirements of § 91.119 to powered-lift. 

The rationale for this was based on the 

understanding that powered-lift will 

likely operate like airplanes in cruise 

flight, requiring more time and distance 

to correct their flightpath to avoid other 

aircraft and obstacles. The FAA 

proposed powered-lift operators comply 

with the minimum altitude 

requirements prescribed § 91.119 (b) 

and (c). 

The FAA received eight comments 

related to § 91.119 and minimum safe 

altitudes. ALPA supported the proposed 

exclusion of powered-lift from 

§ 91.119(d). 

Eve recommended that powered-lift, 

based on anticipated operational 

performance such as speed and 

maneuverability, utilize the same MSA 

requirements as those applied to 

helicopters. 

In a group comment, Archer, CAE, 

GAMA, Joby, AWPC, Lilium and NBAA 

suggested that the FAA consider the 

operational capabilities of powered-lift 

(e.g., vertical capabilities) when 

applying the minimum safe altitude 

requirements. 

The FAA has reevaluated its proposal 

and has determined that certain 

powered-lift, similar to helicopters, 

have operating characteristics that 

enable them to land in a relatively small 

space, such as their ability to autorotate 

(or perform an equivalent maneuver) 

with precision during power-out 

emergencies. Therefore, the FAA agrees 

with the group commenters that those 

powered-lift that have demonstrated the 

capability to autorotate or conduct an 

approved equivalent maneuver should 

also be allowed the same minimum safe 

altitudes as those afforded to helicopters 

in § 91.119(d). The FAA has determined 

there would be no adverse effect on 

safety to allow certain powered-lift to 

utilize helicopter minimum safe 

altitudes. As such, the FAA adopts a 

performance-based rule allowing 

powered-lift operating in the vertical-lift 

flight mode to use an altitude lower 

than that specified for airplanes in 

certain circumstances. This rule is being 

adopted as § 194.302(d). Importantly, 

the FAA notes that some helicopter 

routes may be lower than the minimum 

altitude published in the AFM for a 

given powered-lift configuration (e.g., 

an altitude which enables a transition 

from wing-borne flight to vertical-lift 

flight mode at an altitude sufficient to 

conduct a safe autorotation, or an 

approved equivalent maneuver, to a 

landing). Regardless of any clearance or 

helicopter route prescribed altitude, no 

powered-lift may operate lower than 

any AFM limitation (or any other 

limitation, e.g., MEL, etc.). The FAA 

reiterates that a clearance by air traffic 

does not grant exemption from any 

other rule. Section 91.9 requires 

compliance with all AFM-prescribed 

operating limitations, subject to limited 

exception provided in § 91.9(d). 

Section 91.126(b) describes directions 

of turns when approaching to land at an 

airport without an operating control 

tower in Class G airspace. The FAA 

proposed in § 194.302(e) to apply the 

airplane provisions detailed in 

§ 91.126(b)(1) when the operator of the 

powered-lift intends to land in wingborne flight mode, similar to airplanes. 

The FAA proposed in § 194.303(b)(1) to 

apply the helicopter provisions detailed 

in § 91.126(b)(2) to powered-lift when 

the powered-lift intends to land in 

vertical-lift flight mode. The FAA did 

not receive any comments related to the 

proposed § 194.302(e) or § 194.303(b)(1). 

The FAA is adopting both proposed 

changes as final in § 194.302(e) and 

§ 194.302(f). 

Section 91.126(c) outlines the final 

flap settings required for turbojetpowered airplanes as outlined in the 

Airplane Flight Manual. Specifically, 

§ 91.126(c) requires the PIC of a civil 

turbojet-powered aircraft to use, as a 

final flap setting, the minimum 

certificated landing flap setting set forth 

in the approved performance 

information in the Airplane Flight 

Manual for the applicable conditions. 

The FAA is not aware of any turbojetVerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00109 Fmt 4701 Sfmt 4700 E:\FR\FM\21NOR2.SGM 21NOR2

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92404 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 

powered powered-lift currently in the 

certification process, nor are any 

anticipated during the term of this 

SFAR. To ensure that powered-lift can 

land safely at airports in Class G 

airspace, the FAA did not propose to 

apply this paragraph to powered-lift. 

The FAA received no comments on this 

and, as proposed, will not apply 

§ 91.126(c) to powered-lift. 

Section 91.129 provides various 

requirements for operations in Class D 

airspace, which will each be discussed, 

in turn. Comments and FAA responses 

related to this rule have been 

consolidated at the conclusion of this 

section. 

The provisions of §§ 91.129(a) 

through (d), (g)(1), and (i) refer to 

aircraft, and accordingly are already 

applicable to powered-lift. However, 

§ 91.129(e)(1) and (e)(2) require 

minimum altitudes when operating at 

an airport in Class D airspace in large or 

turbine-powered airplanes. To remain 

consistent with this established agency 

policy for aircraft operations that are 

likely to result in similar noise due to 

size and powerplant, the FAA proposed 

in § 194.302(f) that large or turbinepowered powered-lift comply with 

§ 91.129(e)(1) and (e)(2). The FAA 

anticipates that, for large and turbinepowered powered-lift, compliance with 

these requirements will be necessary for 

adequate noise abatement within Class 

D airspace. 

Section 91.129(g)(2) requires that, 

unless otherwise required by the 

prescribed departure procedure for that 

airport or the applicable distance from 

clouds criteria, each pilot of a turbinepowered airplane and each pilot of a 

large airplane must climb to an altitude 

of 1,500 feet above the surface as rapidly 

as practicable. The FAA proposed in 

§ 194.302(f) that large or turbinepowered powered-lift also need to 

comply with this requirement to ensure 

that powered-lift will be operated at an 

equivalent level of safety to existing 

large or turbine-powered airplanes. 

Section 91.129(h) states that, where a 

formal runway use program has been 

established by the FAA, each pilot of a 

large or turbine-powered airplane 

assigned a noise abatement runway by 

ATC must use that runway. However, 

consistent with the final authority of the 

PIC concerning the safe operation of the 

aircraft as prescribed in § 91.3(a), ATC 

may assign a different runway if 

requested by the pilot in the interest of 

safety. This requirement is consistent 

with previously established FAA policy 

regarding noise abatement and 

operational safety, and the FAA 

considers this requirement to be 

appropriate for powered-lift operations 

to ensure adequate noise abatement. The 

FAA proposed in § 194.302(f) that large 

or turbine-powered powered-lift comply 

with § 91.129(h). 

Airbus Helicopters provided a 

comment related to § 91.129(e)(1), (e)(2), 

(g)(2), and (h). In this comment, Airbus 

Helicopters stated that powered-lift 

design will have a significantly reduced 

noise footprint compared to large 

airplanes, and therefore, the FAA 

should consider lower altitude minima 

in Class D airspace. Airbus Helicopters 

proposed the following regulatory 

amendment: ‘‘Section 91.129(e)(1) and 

(2), (g)(2), and (h) or such airworthiness 

criteria as the FAA may find provide an 

equivalent level of safety in accordance 

with § 21.17(b) of this chapter.’’ 

The FAA finds that there is 

insufficient data to support Airbus 

Helicopters’ claim that powered-lift 

designs will have a significantly 

reduced noise footprint compared to 

large airplanes. Furthermore, the FAA 

notes that operators may seek relief from 

this rule by applying for a waiver in 

accordance with § 91.903. The FAA is 

adopting the requirements for applying 

§ 91.129(e)(1) and (2), (g)(2) and (h) to 

powered-lift, as proposed, in 

§ 194.302(g). 

Section 91.129(e)(3) states a pilot 

operating an airplane approaching to 

land on a runway served by a visual 

approach slope indicator (VASI) must 

operate that airplane at an altitude at or 

above the glide path until a lower 

altitude is necessary for a safe landing. 

The requirement for all airplanes to 

remain at or above the glide path 

provides an additional measure of safety 

such as obstacle clearance to airplanes 

during their approach. The FAA 

proposed in § 194.302(g) that poweredlift intending to land in wing-borne 

flight mode must comply with this 

provision of paragraph (e)(3) to ensure 

adequate obstacle clearance is 

maintained during the approach. 

Compliance with this provision would 

not be required for those powered-lift 

intending to land in vertical flight mode 

as they will be flying slower than when 

in forward flight (wing-borne flight 

mode) similar to a helicopter. The FAA 

received no comments on the proposed 

§ 194.302(g) and therefore, as a result of 

renumbering, adopts this provision in 

§ 194.302(h) as final. 

Section 91.129(f) imposes 

requirements for approaches in Class D 

airspace, except when conducting 

circling approaches under part 97 for 

airplanes and helicopters. The FAA 

anticipates that powered-lift will often 

transition from forward flight (wingborne flight mode) to vertical flight 

(vertical-lift flight mode) upon entering 

the traffic pattern in order to land like 

a helicopter. The FAA proposed in 

§ 194.302(h) that powered-lift must 

comply with § 91.129(f)(1) when the 

operator intends to land the poweredlift in wing-borne flight mode. When the 

operator of the powered-lift intends to 

land in vertical-lift flight mode, 

however, the operator must comply 

with the helicopter provisions detailed 

in § 91.129(f)(2), as proposed in 

§ 194.303(b). This application of the rule 

gives flexibility to the novel capabilities 

of powered-lift while maintaining 

operational safety by using the standard 

traffic pattern flow at airports. The 

requirements of §§ 91.129(f)(1) and (2) 

do not apply to powered-lift conducting 

a circling approach under part 97 

because a circling approach may have 

specific procedures established or turns 

may be requested by ATC to ensure 

safety in the traffic pattern. The FAA 

did not receive any comments and 

therefore, as a result of renumbering, 

adopts these requirements in 

§§ 194.302(i) and 194.302(j) as final. 

Section 91.131 contains rules 

governing operations in Class B 

airspace. Paragraph (a)(2) of this section 

requires that each person operating a 

large turbine-engine powered airplane 

to or from a primary airport for which 

Class B airspace area is designated must 

operate at or above the designated floor 

of the Class B airspace while within the 

lateral limits of that area. The FAA 

proposed in § 194.302(i) that 

§ 91.131(a)(2) should apply to large 

powered-lift regardless of powerplant 

type. The FAA received no comments 

on § 194.302(i) and therefore, as a result 

of renumbering, adopts this proposal in 

§ 194.302(k) as final. 

Section 91.151 requires airplanes to 

carry a 30-minute fuel reserve for 

daytime operations and a 45-minute fuel 

reserve for nighttime operations. In 

contrast, rotorcraft only require a 20- 

minute fuel reserve regardless of 

whether the operation occurs during the 

day or night. For powered-lift, the FAA 

proposed in § 194.302(j) that poweredlift must comply with the airplane 

reserve requirements in § 91.151(a) due 

to the lack of powered-lift operational 

data to support use of the less restrictive 

rotorcraft fuel reserve. 

The FAA received 21 comments 

related to the proposed § 194.302(j). 

Two commenters supported the 

proposed fuel reserve requirements, 

while 19 proposed an alternative to the 

FAA’s original proposal. 

ALPA said these requirements would 

enable normalized integration of aircraft 

with novel power sources and are 

necessary to achieve equivalent levels of 

safety to current aircraft operational 


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Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92405 

386 General Aviation Manufacturers Association, 

Managing Range and Endurance of Battery-Electric 

Aircraft (2023), gama.aero/wp-content/uploads/ 

Managing-Range-and-Endurance-of-BatteryElectric-Aircraft_v1-1.pdf. 

requirements, even if they result in 

limiting flight times for some poweredlift. Electra.aero posited that electric 

energy storage technologies still have 

significant uncertainties that warrant a 

more conservative approach until 

sufficient operational experience is 

achieved. Other commenters suggested 

the proposed fuel requirements could be 

detrimental to enabling powered-lift 

operations. Bristow argued that the 

proposed requirements would limit the 

scope of missions that powered-lift can 

accomplish, which would negatively 

impact the economic benefits and travel 

efficiencies that these vehicles would 

otherwise provide. Bristow, Airbus 

Helicopters, and Joby all contended that 

electric powered-lift may be unable to 

meet the energy reserve requirements 

necessary to operate. BETA said that, for 

short-duration flights, the proposed 

requirements could mean requiring 

more than double (for VFR) or triple (for 

IFR) the required energy, which it said 

is a heavy burden compared to the 

impact of the same reserve on 

traditional aircraft. AgustaWestland 

Philadelphia Corporation (AWPC) stated 

that the proposed requirements would 

reduce their vehicle’s range and payload 

by 10–15 percent. 

Several commenters recommended 

applying current helicopter fuel 

minimum requirements in § 91.151(b) to 

powered-lift. These commenters, 

including CAE, the Vertical Flight 

Society, Bristow, GAMA, and Joby 

noted similarities between helicopters 

and powered-lift, including their 

maneuverability at low speeds and the 

flexibility to land safely at varied 

locations due to their vertical landing 

capabilities. AWPC suggested that 

VTOL-capable powered-lift should be 

allowed to use helicopter VFR fuel 

reserves, while powered-lift authorized 

to utilize copter procedures should be 

allowed to use helicopter IFR fuel 

reserves. 

Archer added that many powered-lift, 

unlike helicopters, have no single-pointof-failure vulnerabilities. Additionally, 

Archer said that, because § 91.151(b) 

applies to the entire rotorcraft category, 

other aircraft that are typically 

incapable of vertical operations like 

gyrocopters are still regulated by the 20- 

minute fuel reserve requirement due to 

their ability to land in confined areas. 

Archer stated that electric powered-lift 

can land vertically in zones smaller than 

typically needed for gyrocopters and 

often require less surface area to 

conduct a landing than many 

helicopters. 

Several commenters recommended 

the FAA consider applying 

performance-based reserve requirements 

that consider each powered-lift’s 

characteristics and intended operations. 

Bristow said there is precedent for this 

type of approach in §§ 121.645 and 

121.646 where the FAA applies 

different fuel reserve criteria for 

domestic, flag, and ETOPS commercial 

airline operations. Supernal suggested 

revising the existing fuel reserve 

requirement to a performance-based 

standard for powered-lift to maintain an 

equivalent level of safety. Eve and 

L3Harris recommended adding language 

to part 194 that would allow for reduced 

energy requirements (subject to 

approval of the Administrator) based on 

a specific risk mitigation assessment, 

including energy consumption data, 

energy planning and in-flight energy 

management, and selection of alternate 

landing sites. GAMA and Joby added 

other factors to consider in an 

assessment, including environmental 

factors, performance capabilities, 

weather patterns, and air traffic. These 

commenters referenced a white 

paper 386 from GAMA that they said 

provided more information on this 

issue. ANAC suggested fuel reserve 

requirements could be defined case-bycase based on the ConOps presented for 

the project. 

The FAA stated in the NPRM that it 

did not have sufficient operational data 

to reduce fuel requirements. In 

response, AWPC said the Bell-Boeing 

V–22 Osprey shares performance 

characteristics with one of the 

company’s powered-lift designs and has 

more than 20 years of flight experience 

with hundreds of thousands of flight 

hours accumulated that could provide 

relevant data. An individual pilot 

suggested the FAA seek input from the 

pilots currently flying powered-lift to 

better understand their operational 

experience. 

The FAA has reconsidered its 

position regarding § 91.151. In verticallift flight mode, a powered-lift can 

operate in a manner similar to a 

helicopter. As such, powered-lift require 

less surface area for a landing, thereby 

increasing the number of available 

landing sites, both planned and 

unplanned. Risk is further mitigated 

when operations are conducted under 

VFR. The FAA has concluded that, 

provided the powered-lift is 

continuously capable of conducting a 

landing in the vertical-lift mode along 

the entire route of flight, there is no 

adverse effect on safety to allow 

powered-lift to utilize rotorcraft VFR 

fuel requirements in accordance with 

§ 91.151(b). However, if the powered-lift 

cannot be assured of a safe landing in 

the vertical-lift flight mode along the 

entire route of flight, then compliance 

with § 91.151(a) would be required. 

Indications that a powered-lift may not 

be assured of a safe landing in verticallift flight mode along the entire route of 

flight may include a limitation or 

requirement in the AFM which would 

preclude such a landing. Likewise, the 

powered-lift may not be capable of 

transitioning from wing-borne to 

vertical-lift flight mode quickly enough 

to comply. This provision will not 

prevent a powered-lift from operating in 

wing-borne flight mode. Rather, it will 

require the powered-lift to have the 

performance capability, as detailed in 

the AFM, to conduct a landing in 

vertical-lift flight mode along the entire 

route of flight in order to take advantage 

of the rotorcraft VFR fuel requirements. 

Therefore, as a result of renumbering, 

the FAA adopts this proposal, as 

amended, in § 194.302(l). 

Sections 91.155 and 91.157 permit 

helicopters to operate under lower 

visibility and cloud clearance minima 

than airplanes. The FAA determined 

that powered-lift possess a wider range 

of characteristics, with some operating 

more akin to airplanes during cruise 

flight. The FAA proposed in 

§ 194.302(k) that powered-lift comply 

with the more restrictive airplane 

weather minima in §§ 91.155 and 

91.157. 

The rationale for the proposed 

§ 194.302(k) was that powered-lift will 

likely operate similar to an airplane in 

cruise flight, thus requiring more time 

and distance to correct their flightpath 

to avoid other aircraft and obstacles. As 

such, a higher visibility minimum is 

needed to ensure safety. The FAA 

received 13 comments in response to 

this proposal. Two commenters 

expressed support. Eleven commenters 

proposed an alternative to the FAA’s 

original proposal. 

Electra.aero and ALPA expressed 

support for the proposed weather 

minima for powered-lift. Electra.aero 

stated that the ability for eVTOL aircraft 

to hover at lower, helicopter-like speeds 

is often limited by the battery thermal 

capability that only provides a few 

minutes of hover time. 

Archer suggested replacing categorybased operational rules regarding 

visibility minimums with type-specific 

rules informed by the type certification 

and FSB process, similar to that 

proposed in the NPRM for airworthiness 

evaluation and eligibility for Copter 

Procedures. 


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92406 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 

387 Guidance on the Implementation of ICAO 

Standards and Recommended Practices for Tiltrotors (10103), International Civil Aviation 

Organization (2019), is available for purchase in the 

ICAO Store. 

GAMA stated powered-lift possess 

helicopter-like maneuverability, safe 

operation at low airspeeds and altitudes, 

and the capability of vertical takeoff and 

landing. Given these characteristics, the 

helicopter provisions of this rule should 

apply. The ability of helicopters to 

operate at lower speeds and with 

increased maneuverability while 

maintaining safety under less restrictive 

minima should be considered for 

powered-lift. Therefore, the exception 

incorporated in § 91.155 should allow 

powered-lift pilots to take advantage of 

their aircraft’s capabilities while 

ensuring an equivalent level of safety. 

Several commenters recommended 

applying helicopter weather minima 

requirements of § 91.155(b)(1) instead of 

the airplane requirements of 

§ 91.155(b)(2). Commenters such as 

GAMA argued that, when determining 

appropriate weather minima 

requirements, powered-lift are more 

comparable to helicopters than 

airplanes in their ability to land 

immediately if conditions deteriorate, 

and fly at slow speeds with high 

maneuverability. Joby asserted that 

grouping powered-lift with helicopters 

would benefit all air traffic due to the 

two categories’ similarities in 

performance and maneuverability. 

AWPC stated that restricting poweredlift from utilizing helicopter minima 

contradicts the FAA’s intent (in 

§§ 91.126 and 91.129) for powered-lift 

in vertical-lift flight mode to adhere to 

helicopter directions of turn when 

operating in a traffic pattern. Lilium 

said that powered-lift are designed to 

operate in low-altitude environments for 

short routes, and therefore using 

helicopter VFR minimum weather 

requirements could improve airspace 

congestion by providing the ability to 

operate at lower enroute altitudes. Eve 

suggested that Multi Electric Propulsion 

Systems (MEPS) are capable of assuring 

maneuverability comparable to 

helicopters even when deviating from 

clouds, traffic, and obstacles. Some 

commenters contended that applying 

helicopter weather minima 

requirements to powered-lift would 

provide a higher level of operational 

safety. 

CAE, Joby, and NBAA contended that 

many powered-lift will cruise at speeds 

lower than the fastest helicopters, which 

are subject to less restrictive minima 

than those proposed in the NPRM. 

These commenters also justified 

imposing less restrictive weather 

minima requirements for powered-lift 

due to similar qualities as helicopters by 

referencing excerpts from the NPRM. 

AIR VEV disagreed with the FAA’s 

assertion that powered-lift in cruise 

operations, ‘‘perform similar to an 

airplane, operating at high speeds and 

possibly without the ability to maneuver 

as quickly as a helicopter.’’ AIR VEV 

said this statement is not true for the 

powered-lift it is manufacturing. 

AWPC suggested the Bell-Boeing V– 

22 Osprey provides a precedent for 

applying lower weather minima 

requirements to turbine-powered 

tiltrotor aircraft. 

Commenters also highlighted certain 

enhanced safety features of powered-lift 

as justification for reducing the 

proposed weather minima requirements. 

Joby said that most powered-lift will use 

advanced flight control systems with 

advanced means of flight stabilization, 

flight augmentation, and envelope 

protection to allow for much safer flight 

in situations with reduced visibility by 

minimizing loss of control during 

unintentional flight into IMC. 

Lilium, Joby, and AIR VEV suggested 

that the FAA could establish special 

allowances for VFR weather minima 

based on characteristics of each 

individual powered-lift and the type of 

operation being conducted. Lilium said 

this approach would be consistent with 

ICAO Doc. 10103.387

The FAA has reconsidered its 

position regarding § 91.155 and 

§ 91.157. The FAA agrees with the 

commenters that weather minima are 

based on aircraft speed and 

maneuverability. Helicopters operate at 

lower speeds and are capable of greater 

maneuverability than other aircraft. This 

allows pilots to see and avoid other air 

traffic or obstructions in time to prevent 

a collision. Powered-lift have equivalent 

maneuvering capabilities to helicopters 

when operating in vertical-lift flight 

mode. For this reason, the FAA agrees 

there should be no adverse effect on 

safety for powered-lift operating in the 

vertical-lift flight mode to utilize the 

same VFR weather minima as 

helicopters. 

Therefore, the FAA will incorporate a 

change from the visibility minimums in 

proposed § 194.302(k) by allowing 

powered-lift operating in the vertical-lift 

flight mode to comply with the 

helicopter visibility minimums 

prescribed in § 91.155(a) and (b)(1). In 

addition, the helicopter exceptions of 

§ 91.157(b)(3), (b)(4), and (c) will also be 

applicable to powered-lift when 

operating in the vertical-lift flight mode. 

Powered-lift seeking to use the 

helicopter visibility minimums must be 

operated at a speed that allows the pilot 

enough time to see and avoid any other 

air traffic or any obstructions in time to 

avoid a collision. A powered-lift which 

cannot be operated at a speed that 

allows the pilot enough time to see and 

avoid any other air traffic or any 

obstructions to avoid a collision, 

regardless of the mode of flight, must 

comply with the airplane visibility 

minimums prescribed in § 91.155(a) and 

(b)(2) and are not authorized to use the 

helicopter exceptions of § 91.157(b)(3), 

(b)(4), and (c). Therefore, the new SFAR 

provision related to § 91.155(a) is 

adopted at § 194.302(m), and the new 

SFAR provision related to § 91.155(b)(1) 

is adopted at § 194.302(n). The proposed 

§ 194.302(k), pertaining to 

§ 91.155(b)(2), is being adopted as 

amended at § 194.302(o). Finally, the 

new SFAR provision related to 

§ 91.157(b)(3), (b)(4), and (c) is adopted 

at § 194.302(p). 

Sections 91.167 and 91.169 prescribe 

certain operational requirements for IFR 

flight. The FAA received numerous 

comments related to performance-based 

changes proposed for both rules. 

Because both sections relate to IFR 

operations, the FAA proposes changes 

that are similar in nature, whereby a 

powered-lift may be operated using 

helicopter minimums, provided the 

powered-lift is authorized to conduct 

Copter Procedures, defined in part 97, 

and is continuously capable of 

conducting a landing in the vertical-lift 

flight mode along the entire route of 

flight, as outlined in the response to 

§ 91.169(b) and (c) of this section. These 

changes are described in greater detail 

in the following paragraphs. 

Section 91.167 prescribes the fuel 

requirements for flight in IFR 

conditions. Under § 91.167, helicopter 

operations are permitted with lower fuel 

minima. Section 91.167(a)(3) requires 

aircraft, other than helicopters, to carry 

a 45-minute fuel reserve and helicopters 

to carry a 30-minute fuel reserve. The 

FAA proposed that powered-lift should 

initially have a 45-minute fuel reserve, 

consistent with other aircraft 

requirements. 

Under § 91.167, for operations in 

weather conditions that require an 

alternate airport to be identified, no 

person may operate in IFR flight unless 

the aircraft has adequate fuel to fly to 

the first airport of intended landing and 

to the alternate airport and still have a 

45-minute fuel reserve. In accordance 

with § 91.167(b)(2)(i) for aircraft other 

than helicopters, when the appropriate 

weather reports indicate that at least 1 

hour before and for 1 hour after the 

estimated time of arrival, the ceiling 

will be at least 2,000 feet above the 

airport elevation and the visibility will 


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388See 88 FR 38946 at 39029–39030 (June 14, 

2023). 

be at least 3 statute miles, the fuel 

reserve necessary to fly to the alternate 

airport is not required. The FAA did not 

propose changes to the current 

applicability of § 91.167(b)(2)(i), which 

would require powered-lift to comply 

with the requirements imposed on 

aircraft other than helicopters, to ensure 

an appropriate level of risk mitigation 

for these new-entrant aircraft. An 

anonymous commenter agreed with the 

FAA proposal to retain the IFR fuel 

requirements for aircraft other than 

helicopters, as prescribed in § 91.167(a) 

and (b) as proposed in the NPRM.388

Several commenters proposed that the 

FAA should revise the SFAR to allow 

powered-lift to comply with the 

helicopter fuel requirements. Joby stated 

the FAA should amend the part 194 

requirements that specify fuel reserves 

for powered-lift to align with today’s 

requirements for helicopters. Bristow 

believed imposing fixed wing aircraft 

fuel minimums is overly restrictive, 

offering no additional safety benefits 

over the helicopter fuel minimums. 

Bristow argued that the FAA should 

apply the minimum fuel reserve 

requirements associated with 

helicopters to operations by poweredlift. However, Bristow also believed that 

a more nuanced approach to fuel reserve 

minimums, based on mission-type and 

duration, is both possible and desirable. 

In a group comment, AOPA, GAMA, 

HAI, NATA, NBAA, and Vertical Flight 

Society (VFS) collectively stated that the 

FAA failed to consider powered-lift 

characteristics and operating 

environment by unilaterally applying 

airplane fuel reserves to all powered-lift. 

The group comment argued that the 

FAA should consider the capabilities of 

powered-lift and apply ICAO Document 

10103 to its assessment of operational 

rules. In the alternative, the group 

comment suggested that the FAA should 

provide a pathway for an operator or 

manufacturer to seek approval or 

authorization to adopt the alternate rule. 

Ten commenters proposed that the 

FAA should revise § 91.167 to be a 

performance-based standard for 

powered-lift. 

Archer urged the FAA to provide a 

path to performance-based fuel reserves 

and reconsider the proposal that it 

believes arbitrarily assigns airplane fuel 

reserve regulations to an aircraft capable 

of vertical operations. Archer also 

argued that the FAA should follow the 

safe, long-standing precedent of part 121 

Performance Based Contingency Fuel 

(PBCF) Operations Specifications and 

enable a data-driven approach to 

recognizing aircraft-specific capabilities 

and actual operational performance to 

assure safety and avoid unnecessary and 

arbitrary limitations on vehicles with 

restricted range. 

CAE stated the FAA failed to consider 

powered-lift characteristics and 

operating environment in unilaterally 

applying airplane fuel reserves to all 

powered-lift. CAE argued that the FAA 

should consider the performance-based 

capabilities of these powered-lift when 

determining fuel reserves. 

Eve recommended that fuel/energy 

reserves should be built on 

performance-based capabilities of the 

powered-lift and allow the reduction of 

fuel/energy reserves based on a risk 

assessment by considering proper and 

safety dispatch criteria (flight planning) 

and other operational aspects. 

AWPC disagreed with the FAA’s 

decision to apply airplane fuel reserves 

for powered-lift, arguing that the 

proposed VFR and IFR fuel reserve 

requirements are prohibitive and fail to 

account for specific powered-lift 

performance capabilities. AWPC argued 

that powered-lift capable of VTOL and 

powered-lift authorized to utilize copter 

procedures should be allowed to use 

helicopter VFR fuel reserves. AWPC 

argued that this recommendation aligns 

with ICAO Document 10103. 

Lilium recommended that the FAA 

should adopt a flexible approach for 

establishing energy requirements for 

powered-lift. Lilium argued that adding 

language such as ‘‘as determined by the 

Administrator’’ would permit future 

operators to use performance-based 

reserve solutions. Alternatively, Lilium 

suggested that the FAA adopt a 20- 

minute helicopter prescriptive reserve, 

considering the enhanced safety features 

of powered-lift. 

BETA recommended the FAA add an 

option for use of a performance-based 

reserve that can be determined based on 

the capability of the aircraft and the 

intended flight plan. 

Supernal argued that the FAA should 

revise the existing fuel reserve 

requirement to a performance-based 

standard for powered-lift to maintain an 

equivalent level of safety. 

The Vertical Flight Society/American 

Helicopter Society International, Inc. 

urged the FAA set performance-based 

reserves requirements for powered-lift 

that reflect their operational intent and 

capabilities, arguing that such an 

approach would be consistent with 

ICAO Document 10103. 

In a group comment, NBAA, AUVSI, 

National Air Transportation 

Association, AIA, Vertical Flight 

Society, and Helicopter Association 

International collectively encouraged 

the FAA to consider the language in the 

Advanced Aviation Act when 

developing the final rule for this SFAR, 

including performance-based 

requirements for energy reserves and 

other range- and endurance-related 

requirements that reflect the capabilities 

and intended operations of the aircraft. 

L3Harris Commercial Aviation 

Solutions and L3Harris Commercial 

Training Solutions stated that there 

should be performance-based 

limitations based on a risk mitigation 

assessment considering energy 

consumption data, energy planning, 

alternate landing sites, and inflight 

energy management. 

After reviewing the comments, the 

FAA has reconsidered its position 

regarding § 91.167. In the final rule, the 

FAA will allow powered-lift to utilize 

the IFR fuel requirements established 

for helicopters. As the commenters 

suggest, when a powered-lift is 

operating similarly to a helicopter, 

powered-lift should be required to only 

carry the fuel reserves of a helicopter. 

The FAA agrees that powered-lift 

authorized to conduct copter procedures 

and that have the performance 

capability, as provided in the AFM, for 

the entire flight to conduct a landing in 

the vertical-lift flight mode may comply 

with the IFR fuel requirements 

established for helicopters. 

Furthermore, during aircraft 

certification, the FAA will assess the 

aircraft’s stability, system, and equipage 

for IFR operations. A powered-lift that 

does not possess these capabilities may 

still be certificated for IFR but will be 

prohibited from performing copter 

procedures and have a limitation in the 

AFM to that effect. Powered-lift with 

such a limitation would not be 

authorized to use the IFR fuel 

requirements for helicopters and would 

be required to use the IFR alternate 

airport minimums specified for 

airplanes. 

This provision will not prevent a 

powered-lift from operating in wingborne flight mode but will require the 

powered-lift to have the performance 

capability, as detailed in the AFM, to 

conduct a landing in vertical-lift flight 

mode along the entire route of flight. 

Therefore, the FAA agrees with the 

commenters that, provided the 

powered-lift is continuously capable of 

conducting a landing in the vertical-lift 

flight mode along the entire route of 

flight, there is no adverse effect on 

safety to allow powered-lift to utilize 

helicopter IFR fuel requirements in 

accordance with § 91.167(a)(3) and 

(b)(2)(ii). 

Therefore, a person operating a 

powered-lift will have the option to use 


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the helicopter fuel requirements under 

§ 91.167(a)(3) and (b)(2)(ii) when the 

aircraft is authorized to conduct copter 

procedures and has the performance 

capability, as provided in the AFM, to 

always conduct a landing in the 

vertical-lift flight mode along the entire 

flight. When taking into consideration 

the performance capability, a person 

operating a powered-lift must consider 

the energy required to successfully 

complete a descent from the altitude 

they plan to use, any required 

instrument or visual procedure, and any 

landing performance data contained in 

the AFM that enables a landing in the 

vertical-lift flight mode. There may be 

performance requirements or limitations 

contained in the AFM, or in any 

approved Minimum Equipment List 

(MEL), that would prevent a poweredlift from conducting a landing in the 

vertical-lift flight mode, such as a 

landing weight limitation or a deferred 

maintenance item, thereby requiring a 

person to use the 45 minutes of reserve 

fuel. This requirement is adopted as 

§ 194.302(q). 

Section 91.169 prescribes the 

information required for filing an IFR 

flight plan. Under § 91.169, helicopter 

operations are permitted to use lower 

weather minima before an alternate 

must be filed because helicopters 

operate at lower altitudes and slower 

airspeeds. The FAA reasoned that, 

while powered-lift have a range of 

performance characteristics, the 

majority of powered-lift flight time will 

be during cruise operations and 

therefore proposed that powered-lift 

comply with the provisions of 

§ 91.169(b)(2)(i) and (c)(1)(i) as written 

for aircraft other than helicopters. 

Four operators provided comments 

related to § 91.169. Archer asserted that 

the FAA should evaluate the operational 

capabilities of each powered-lift through 

the type certification process before 

deciding which operational rules are 

appropriate. Archer pointed out that 

powered-lift that share the key operating 

capabilities that enable helicopters to 

safely operate at lower altitudes and 

reduced weather minima should be 

subject to the same operating rules. 

Archer recommended the FAA replace 

category-based operational rules 

regarding visibility minimums in favor 

of type-specific rules informed by the 

type certification and FSB process, 

similar to that proposed in the NPRM 

for airworthiness evaluation and 

eligibility for Copter Procedures. 

AWPC argued that certain poweredlift, such as their AW609 Tiltrotor, are 

capable of VTOL, like helicopters, 

during takeoff and landing. AWPC 

contended that IFR weather reporting 

requirements/IFR alternate airport 

weather minima should be performancebased due to the VTOL capability. 

Lilium asserted that the safe use of 

helicopter flight rules for powered-lift 

can be evaluated during aircraft 

certification and/or the type rating 

evaluation process and urged the FAA 

to adopt a similar comprehensive and 

risk-based approach as suggested for 

altitude requirements to evaluate the 

capabilities and performance of each 

individual powered-lift to safely operate 

under helicopter IFR. Lilium also 

asserted that the FAA’s proposal is 

inconsistent with the way other 

countries regulate powered-lift. 

GAMA generally stated that the FAA 

should adopt performance-based 

regulations for powered-lift that take 

into consideration the diverse 

capabilities of such aircraft. GAMA also 

suggested that the FAA follow the 

approach recommended in ICAO 

Document 10103. 

After reviewing the comments, the 

FAA has reconsidered its position 

regarding the proposal to apply 

§ 91.169(b)(2)(i) and (c)(1)(i) to poweredlift. Similar to § 91.167, the FAA will 

now allow powered-lift that are 

authorized to conduct copter procedures 

and that have the performance 

capability to land in the vertical-lift 

flight mode, as provided in the AFM, to 

use the helicopter provisions specified 

in § 91.169(b)(2)(ii) and (c)(1)(ii) for 

helicopters. This provision can be found 

in § 194.302(r). 

The FAA agrees with Archer, Lilium, 

and GAMA that some degree of a 

performance-based rule is appropriate. 

As discussed above in the § 91.167 

section, during aircraft certification, the 

FAA will assess the aircraft’s 

capabilities and characteristics for IFR 

operations. A powered-lift that does not 

possess the appropriate characteristics 

may still be certificated for IFR but will 

be prohibited from performing copter 

procedures and have a limitation 

inserted into the AFM to that effect. 

As recommended by AWPC, and as 

discussed in the § 91.167 section, when 

taking into consideration the 

performance capability, a person 

operating a powered-lift must consider 

any landing performance data contained 

in the AFM that enables a landing in the 

vertical-lift flight mode. Requirements 

or limitations outlined in the AFM may 

require a person to use the IFR alternate 

airport minimums specified for 

airplanes. For the foregoing reasons, the 

FAA is adopting a performance-based 

rule for § 91.169, as outlined in 

§ 194.302(r). 

Section 91.175 governs takeoff and 

landing under IFR. Sections 

91.175(f)(2)(i) and (ii) apply to poweredlift as-written because those paragraphs 

are applicable to all aircraft. Therefore, 

these provisions are not included in 

§ 194.302, as they already apply to 

powered-lift. 

Section 91.175(f)(2)(iii) governs 

takeoff and landing under IFR for 

helicopters. In the NPRM, the FAA did 

not address § 91.175(f)(2)(iii) because it 

is helicopter specific, and the FAA 

asserted § 91.175(f)(2)(i) and (ii) were 

sufficient because they apply to aircraft, 

including powered-lift. However, in 

response to comments received and 

discussed below, the FAA will permit 

some powered-lift to use the 1⁄2 statute 

mile visibility stipulated for helicopters 

in § 91.175(f)(2)(iii). 

Section 91.175(f)(4)(i) requires 

airplanes operating under parts 121 or 

135 to comply with the takeoff obstacle 

clearance or avoidance procedures 

contained in subpart I of part 121 or 

subpart I of part 135, as applicable, for 

IFR takeoffs. Accordingly, the FAA 

proposed in § 194.302(l) that any 

powered-lift that would be required to 

comply with the provisions of subpart I 

of part 135 (Airplane Performance 

Operating Limitations) must also 

comply with § 91.175(f)(4)(i). The 

takeoff limitations of subpart I of part 

135, and therefore the provisions of 

§ 91.175(f)(4)(i), are only applicable to 

certain powered-lift that are required to 

comply with subpart I. As discussed in 

section VI.D.6. of this preamble, subpart 

I of part 135 will only apply to those 

powered-lift that are designated as 

‘‘large or transport category’’ during 

type certification. The FAA did not 

receive any comments specific to 

§ 91.175(f)(4), which was proposed as 

§ 194.302(l). However, the FAA received 

three comments specific to the takeoff 

visibility requirements of § 91.175(f)(2). 

AWPC did not agree with the FAA’s 

proposal in the SFAR to apply blanket 

airplane requirements to powered-lift 

without any performance-based relief. 

AWPC urged the FAA to take a tailored 

approach for this rule utilizing 

performance-based requirements instead 

of applying airplane rules to all 

powered-lift. 

Lilium noted that the safe use of 

helicopter flight rules for powered-lift 

can be evaluated during aircraft 

certification and/or the type rating 

evaluation process. Lilium urged the 

FAA to adopt a similar comprehensive 

and risk-based approach as suggested 

for altitude requirements, to evaluate 

the capabilities and performance of each 

individual powered-lift to safely operate 

under helicopter IFR. 

GAMA recommended the FAA follow 

ICAO Document 10103 and apply the 


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389Rotorcraft Regulatory Review Program Notice 

No. 5, NPRM, 50 FR 10144, 10157 (Mar. 13, 1985). 

helicopter requirements for this rule to 

powered-lift. 

AWPC expressed their understanding 

that the lower takeoff visibility 

minimums for helicopters are based on 

lower speeds, maneuvering 

characteristics, and the ability to 

comply with copter procedures under 

part 97. 

In response to the comments received, 

the FAA evaluated the feasibility of 

allowing a powered-lift to use the 

helicopter visibility takeoff minimums 

stipulated in § 91.175(f)(2)(iii). When 

§ 91.175(f) was drafted in 1985, the 

rationale used for a lower takeoff 

minimum for helicopters was that they 

are highly maneuverable and capable of 

sustaining flight at lower airspeeds. The 

NPRM also mentioned that, due to the 

unique flight capabilities of helicopters, 

they can safely maneuver in lower 

takeoff visibility conditions.389

The FAA agrees with AWPC’s 

statement that powered-lift benefit from 

being highly maneuverable and capable 

of sustaining flight at lower airspeeds 

and will make a change in the final rule 

for those powered-lift conducting a 

vertical take-off. However, the FAA does 

not believe providing all powered-lift 

broad authorization to use helicopter 

take-off minimums would be in the best 

interest of aviation safety. Therefore, the 

FAA will prohibit those powered-lift 

having two engines or less that do not 

have the capability to use copter 

procedures from conducting an IFR 

takeoff using the 1⁄2 mile visibility 

minimum. The capability to use copter 

procedures will be identified in the 

limitations section of the AFM. 

In response to the comments received 

from AWPC and GAMA, the FAA is 

adopting a change in the final rule for 

IFR takeoff minimums for powered-lift. 

In this final rule, the FAA will allow 

powered-lift that have two engines or 

less to use the helicopter minimums of 

1⁄2 mile providing the powered-lift 

conducts their takeoff vertically and are 

authorized to use copter procedures. 

This provision is adopted in 

§ 194.302(s). In addition, the FAA is 

adopting § 194.302(l) as proposed, 

though due to renumbering, it is now 

§ 194.302(t). 

2. Equipment, Instrument, and 

Certificate Requirements 

Section 91.205 states that no person 

may operate a powered civil aircraft 

with a standard category U.S. 

airworthiness certificate in VFR day or 

night, IFR, at or above 24,000 feet, in 

Category II or III operations, or in night 

vision goggle operations, unless the 

aircraft contains instruments and 

equipment in § 91.205 or FAA-approved 

equivalents. For powered-lift that meet 

the definition of small aircraft in § 1.1, 

the FAA proposed in § 194.302(m) that 

the position and anti-collision lights 

meet the requirement set forth in 

§ 23.2530(b). The FAA proposed that 

this requirement should apply to small 

powered-lift to provide an equivalent 

level of safety to that of small airplanes 

and to ensure that those powered-lift 

have an adequate anticollision lighting 

system that provides sufficient time for 

another aircraft to avoid a collision. 

The FAA also proposed in 

§ 194.302(m) that small powered-lift 

should meet the § 91.205(b)(14) 

requirement for installing an approved 

shoulder harness or restraint system for 

all seats to provide an equivalent level 

of safety to small airplanes. 

The FAA did not receive any 

comments on the proposals for small 

powered-lift in § 194.302(m). The FAA 

is therefore adopting § 194.302(m) as 

proposed, though due to renumbering, it 

is being adopted as § 194.302(u). 

Section 91.205(d) prescribes 

instruments and equipment 

requirements for IFR flight. Under 

§ 91.205(d)(3), an aircraft must have a 

gyroscopic rate-of-turn indicator 

installed, unless the aircraft is equipped 

with a third attitude instrument system 

installed as provided in § 121.305(j). For 

airplanes, the third attitude instrument 

system installed must be usable through 

flight attitudes of 360 degrees of pitch 

and roll. For rotorcraft, the third attitude 

instrument system installed must be 

usable through flight attitudes of +/- 80 

degrees of pitch and +/- 120 degrees of 

roll. The FAA anticipates that some 

powered-lift may be capable of 

exceeding 80 degrees of pitch and/or 

120 degrees of roll. Therefore, the FAA 

proposed in § 194.302(n) that all 

powered-lift approved for IFR during 

type certification would be required to 

comply with the airplane provisions in 

§ 91.205(d)(3)(i) for IFR flight, which 

requires the installation of either a 

gyroscopic rate-of-turn indicator or a 

third attitude instrument system usable 

through flight attitudes of 360 degrees of 

pitch and roll. The FAA received three 

comments on § 194.302(n). 

Airbus, GAMA, and Joby requested 

that the FAA provide relief to the 

requirement that powered-lift have 

either a gyroscopic rate-of-turn indicator 

or a third attitude instrument system 

usable through flight attitudes of 360 

degrees of pitch and roll installed in 

accordance with § 91.205(d)(3)(i). The 

commenters asserted that this regulation 

may not be compatible with aircraft 

designed with advanced flight control 

systems. 

The FAA considered the comments 

from Airbus, GAMA, and Joby and their 

requests for relief from the proposed 

requirement. Section 91.205 already 

includes flexibility for operators, as it 

allows for FAA-approved equivalents to 

the instruments and equipment 

specified in § 91.205. Section 91.205(a) 

contains the phrase ‘‘or FAA-approved 

equivalents.’’ This phrase provides the 

flexibility necessary to consider other 

types of aircraft systems not specifically 

included in § 91.205 paragraphs (b) 

through (f); therefore, the FAA 

determined no additional regulatory 

revisions are required. The FAA is 

therefore adopting § 194.302(n) as 

proposed, though due to renumbering, it 

is being adopted as § 194.302(v). 

Section 91.207 requires an emergency 

locator transmitter (ELT) for airplane 

operations to facilitate search and 

rescue efforts in locating downed 

aircraft. The FAA proposed applying 

§ 91.207 to powered-lift in § 194.302(o). 

The FAA received two comments 

related to the proposed § 194.302(o). 

ALPA expressed support of 

§ 194.302(o), which requires all 

powered-lift to comply with § 91.207 

and be equipped with an ELT. 

Joby, however, argued that mandating 

ELTs would increase cost and decrease 

payload capacity without providing an 

increase in operational safety. Joby 

suggested there are suitable alternatives 

to ELTs such as ADS–B, personal 

locator beacons, personal satellite 

trackers, and mobile phones. 

The ability to locate powered-lift in 

the event of a crash is essential for 

reaching survivors as quickly as 

possible and potentially saving lives. 

The FAA considers this to be a 

necessary requirement for powered-lift, 

particularly as a new entrant aircraft 

with little civil operational history. The 

FAA noted in the ADS–B final rule that 

the ADS–B system cannot replace the 

ELT function since the ADS–B system is 

not required to be crashworthy nor is 

the ADS–B system integrated with the 

satellite-based search and rescue system 

(SARSAT) and, thus, may not be 

operable or able to transmit following an 

aircraft accident. Similarly, the FAA 

does not consider personal locator 

beacons, personal satellite trackers, and 

mobile phones as a suitable replacement 

for an ELT as these devices do not meet 

the requirements for new installation 

specified in § 91.207, nor the minimum 

operational performance standards 

(MOPS) for ELTs. Accordingly, the FAA 

is adopting § 194.302(o) as proposed, 

though due to renumbering it is being 

adopted as § 194.302(w). 


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Section 91.213 provides limitations 

on operations with inoperative 

instruments and equipment, as well as 

relief for operations with inoperative 

instruments and equipment for aircraft 

with and without an approved 

Minimum Equipment List (MEL). 

Section 91.213(a) requires that no 

person may takeoff an aircraft with 

inoperative instruments or equipment 

installed. This applies to powered-lift. 

Section 91.213(d) provides specific 

relief for an aircraft without an 

approved MEL; however, powered-lift is 

not included in the aircraft eligible for 

the exception in § 91.213(d)(1). The 

FAA did not propose to include 

powered-lift in the exceptions set forth 

in § 91.213(d). The FAA did not receive 

any comments on this and will therefore 

not apply § 91.213(d) to powered-lift. 

Section 91.215(b) states that no 

person may operate an aircraft in the 

airspace described in § 91.215(b)(1) 

through (5) unless that aircraft is 

equipped with an operable coded radar 

beacon transponder. The FAA 

anticipates that, while all new entrant 

powered-lift will have a substantial 

electrical system, some powered-lift 

may be powered by batteries, rather 

than an engine. Sections 91.215(b)(3) 

and (5) allow aircraft to operate without 

a transponder if the aircraft was 

certificated without an engine-driven 

electrical system. The FAA proposed in 

§ 194.305 that the exceptions outlined 

in § 91.215(b)(3) and (5) for ‘‘aircraft’’ 

not apply to powered-lift. The effect of 

the proposal is that all powered-lift 

must be equipped with an operable 

coded radar beacon transponder as 

required in § 91.215(b)(1), (2), and (4). 

The FAA did not receive any comments 

related to the proposed § 194.305. The 

FAA determined that adding 

‘‘Notwithstanding § 194.301,’’ to the 

beginning of § 194.304 helps to clarify 

that the aircraft provisions under 

§ 91.215(b)(3) and (5) do not apply to 

powered-lift even though, generally, any 

aircraft provisions in part 91 already 

apply to powered-lift. As such, as a 

result of renumbering, the FAA adopts 

§ 194.304 as proposed. 

Section 91.219 prohibits the operation 

of a turbojet-powered U.S.-registered 

civil airplane unless that airplane is 

equipped with an approved altitude 

alerting system or device. The FAA 

proposed in § 194.302(p) that all 

powered-lift comply with the altitude 

alerting requirements under § 91.219. 

The FAA received one comment on the 

proposed § 194.302(p) from EASA, 

requesting more details as to how the 

FAA decided that all new powered-lift 

entrants would be considered ‘‘high 

performant.’’ 

Within the operational rules of this 

SFAR, the FAA generally does not 

impose requirements based on the 

powerplant of the powered-lift. For 

example, where a regulation refers to an 

aircraft powered by turbines, the FAA 

takes the approach that such regulations 

should apply to all powered-lift, rather 

than just those powered-lift that are 

powered by turbines. The FAA 

anticipates that certain powerplants, 

such as electric motors, may have equal 

or better performance in comparison to 

internal combustion engines, which 

could lead to higher performance 

capabilities. As such, the FAA is 

generally taking the more conservative 

approach and requiring that certain 

operating regulations apply to all 

powered-lift, regardless of powerplant. 

There are, however, some instances 

where the FAA proposed to apply 

certain regulations based on the type of 

powerplant. Such regulations are 

tailored based on the type of powerplant 

because those regulations contain 

factors other than performance to trigger 

the applicability of that particular 

regulation (e.g., the regulation is 

powerplant specific to maintain the 

intent for noise abatement in certain 

classes of airspace). In those instances, 

the FAA explains in this preamble why 

it decided to retain the powerplant 

reference. 

EASA requested more details as to 

how the FAA decided that all new 

powered-lift entrants would be 

considered ‘‘high performant.’’ In 

formulating the discussion surrounding 

use of altitude alerting equipment, the 

FAA identified that some powered-lift 

may have high performance capabilities 

which warrant the use of such 

equipment. Because powered-lift 

capabilities are not yet fully known, the 

most conservative approach is to require 

this equipment. The FAA received no 

negative comments and will adopt the 

proposed § 194.302(p) as final, though 

due to renumbering it is being adopted 

as § 194.302(x). 

Section 91.223 prohibits the operation 

of a turbine-powered U.S.-registered 

airplane configured with six or more 

passenger seats, excluding any pilot 

seat, unless that airplane is equipped 

with an approved terrain awareness and 

warning system (TAWS). The FAA 

proposed in § 194.302(q) that all 

powered-lift, regardless of powerplant 

type, with 6 or more seats must be 

equipped with an HTAWS system that 

meets the Technical Standard Order 

(TSO) C194 or an FAA-approved TAWS 

A/HTAWS hybrid system. In addition, 

the FAA proposed in § 194.302(q) that 

powered-lift must comply with 

§ 91.223(c), which imposes a 

requirement for a manual containing 

appropriate procedures on the use of 

terrain awareness equipment and the 

proper flightcrew reactions in response 

to a TAWS activation. 

The FAA received one comment from 

ALPA related to the proposed 

§ 194.302(q). ALPA stated that all 

powered-lift (regardless of seating 

capacity) must be equipped with TAWS 

or HTAWS as applicable, an Aircraft 

Collision Avoidance System (ACAS), 

and a CVR and FDR. ALPA 

recommended that when HTAWS is 

required for traditional helicopter 

operations, it should also be required for 

similar powered-lift operations 

regardless of seat capacity, to ensure the 

highest level of safety in this novel 

aircraft type and its operations. 

The FAA has considered ALPA’s 

recommendation for TAWS/HTAWS to 

be required for all powered-lift 

regardless of seating capacity. The FAA 

is adopting the rule as proposed in the 

NPRM. The FAA has previously 

determined that a TAWS requirement is 

appropriate for only those turbinepowered airplanes with 6 or more 

passenger seats, excluding any pilot 

seat. For consistency with previous 

rulemaking, the FAA is requiring all 

powered-lift, regardless of powerplant, 

with six or more passenger seats, 

excluding any pilot seat, to meet a 

similar terrain awareness equipment 

requirement. Because powered-lift are 

capable of flight in vertical mode and 

have been granted some of the same 

operating privileges as rotorcraft, the 

terrain awareness equipment must meet 

either HTAWS or hybrid A/HTAWS 

specifications, to comply with 

§ 91.223(a). The costs imposed on 

operators and individuals required to 

comply with this rule would be no more 

burdensome than the costs incurred by 

entities and individuals complying with 

corresponding airplane and rotorcraft 

regulations that are already in effect. 

Moreover, the FAA has determined that 

requiring this equipment for all 

powered-lift regardless of the seating 

capacity is not warranted at this time 

because the FAA does not have the data 

to support requiring TAWS/HTAWS to 

be installed on powered-lift with less 

than six passenger seats. As such, 

requiring powered-lift to comply with 

TAWS/HTAWS regardless of seating 

capacity is not consistent with current 

regulations. The FAA is therefore 

adopting § 194.302(q) as proposed, 

though due to renumbering it is being 

adopted as § 194.302(y). 

3. Incorporation by Reference 

Incorporation by reference (IBR) is a 

mechanism that allows Federal agencies 


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

391 5 U.S.C. 552(a) requires that matter 

incorporated by reference be ‘‘reasonably available’’ 

as a condition of its eligibility. Further, 1 CFR 

51.5(b)(2) requires that agencies seeking to 

incorporate material by reference discuss in the 

preamble of the final rule the ways that the material 

it is incorporating by reference is reasonably 

available to interested parties and how interested 

parties can obtain the material. 

392Section 91.409 does not apply to an aircraft 

that is maintained under a Continuous 

Airworthiness Maintenance Program (CAMP), such 

as under § 135.411(a)(2). 

to comply with the requirements of the 

Administrative Procedure Act to 

publish rules in the Federal Register 

and the CFR by referring to material 

published elsewhere.390 Material that is 

incorporated by reference has the same 

legal status as if it were published in full 

in the Federal Register and the CFR. 

The standards referenced in this rule 

include technical information and 

specifications for equipment and 

capabilities required to meet terrain 

awareness and warning systems and 

helicopter terrain awareness and 

warning systems. 

The standards referenced in 

§§ 194.109, 194.302, and 194.306 of this 

rule are incorporated by reference with 

the approval of the Director of the Office 

of the Federal Register under 5 U.S.C. 

552(a) and 1 CFR part 51. In accordance 

with 5 U.S.C. 552(a) and 1 CFR part 

51,391 all approved materials are 

available for inspection at the FAA’s 

Office of Rulemaking, 800 

Independence Avenue SW, Washington, 

DC 20591 (telephone (202) 267–9677). 

This material is also available from the 

sources indicated in paragraphs (a) and 

(b) of § 194.109 and as follows: 

1. Copies of Technical Standard Order 

(TSO)–C194, Helicopter Terrain 

Awareness and Warning System (Dec. 

17, 2008) may be obtained from the U.S. 

Department of Transportation, 

Subsequent Distribution Office, DOT 

Warehouse M30, Ardmore East Business 

Center, 3341 Q 75th Avenue, Landover, 

MD 20785; telephone (301) 322–5377. It 

is also available on the FAA’s website 

at www.faa.gov/aircraft/air_cert/design_

approvals/tso/. Select the link ‘‘Search 

Technical Standard Orders.’’ This TSO 

contains the minimum performance 

standards the helicopter terrain 

awareness and warning system must 

meet for approval and identification 

with the TSO marking. 

2. Copies of section 2, Equipment 

Performance Requirements and Test 

Procedures, of RTCA DO–309, 

Minimum Operational Performance 

Standards (MOPS) for Helicopter 

Terrain Awareness and Warning System 

(HTAWS) Airborne Equipment (Mar. 13, 

2008) may be obtained from RTCA, Inc., 

1150 18th St NW, Suite 910, 

Washington, DC 20036; telephone (202) 

833–9339; website: www.rtca.org/ 

products. Section 2 of RTCA DO–309 

contains the equipment performance 

requirements and test procedures for 

Helicopter Terrain Awareness and 

Warning Systems. 

4. Special Flight Operations 

Section 91.313 prescribes operating 

limitations for restricted category civil 

aircraft. Section 91.313(a) through (e) 

apply to all restricted category aircraft, 

including powered-lift. Section 

91.313(f) relates to operations under 

part 133, which powered-lift are not 

currently authorized to conduct. Section 

91.313(g) requires small, restrictedcategory airplanes to be equipped with 

a shoulder harness or restraint system 

for each front seat. For the same reasons 

as discussed regarding applicability of 

§ 91.205(b)(14), the FAA proposed in 

§ 194.302(r) that restricted category 

small powered-lift must have an 

approved shoulder harness or restraint 

system for all seats installed to provide 

an adequate level of safety for poweredlift operations. The FAA did not receive 

any comments on this proposal and 

therefore adopts § 194.302(r) as 

proposed, though due to renumbering it 

is being adopted as § 194.302(z). 

5. Maintenance, Preventive 

Maintenance, and Alterations 

Section 91.409 prescribes inspection 

programs to ensure that the aircraft is 

airworthy. Sections 91.409(a) and (b) 

require annual and 100-hour 

inspections, or optionally a progressive 

inspection program under paragraph (d) 

for aircraft that do not fall under the 

exceptions provided in paragraph (c).392

Section 91.409(e) through (h) set forth 

inspection program options and 

requirements for larger aircraft and 

aircraft with more complex aircraft 

systems which are more stringent than 

those provided under § 91.409(a), (b), 

and (d). Because paragraphs (e) through 

(h) apply to more complex aircraft, the 

FAA proposed in § 194.302(s) that these 

paragraphs should apply to technically 

advanced powered-lift (TAPL), which is 

a powered-lift that is equipped with an 

electronically advanced system in 

which the pilot interfaces with a multicomputer system with increasing levels 

of automation in order to aviate, 

navigate, or communicate. The FAA 

proposed requiring certain minimum 

display elements for both a PFD and 

MFD, clarifying what will be considered 

a PFD or MFD. Powered-lift that are not 

considered technically advanced under 

the definition used for compliance with 

§ 91.409 within this SFAR and are not 

maintained under a CAMP under 

§ 135.411(a)(2) must continue to comply 

with § 91.409(a), (b), and (d) because 

those provisions apply to ‘‘aircraft.’’ 

The FAA received four comments 

related to § 91.409 and proposed 

§ 194.302(s). 

AUVSI expressed concern with the 

FAA’s approach to TAPL. AUVSI also 

argued that the proposal is inconsistent 

with the flightcrew interface 

requirements that have been proposed 

as airworthiness standards/criteria for 

both the Joby JAS4–1 and the Archer 

Model M001 powered-lift. AUVSI noted 

that § 194.302(s) imposes a design 

requirement and that such requirements 

should not be implemented through 

operational rules. 

CAE recommended the determination 

of TAPL be delegated to the Aircraft 

Certification Offices (ACO), Aircraft 

Evaluation Division (AED), or Flight 

Standardization Board (FSB) assigned to 

a specific aircraft certification project, 

rather than to individual FSDOs. CAE 

emphasized that the TAPL 

determination should be made based on 

the aircraft and equipment combination, 

not individual operator policies or 

procedures. 

In a group comment, AOPA, GAMA, 

HAI, NATA, NBAA, and VFS 

collectively stated that the 

determination of TAPL should be 

delegated to the ACO, AED, or FSB 

assigned to a specific aircraft 

certification project, not to individual 

FSDOs. 

An individual commented that the 

FAA should provide more guidance on 

maintenance and inspection 

requirements in the final rule, including 

specific maintenance standards or 

procedures and the frequency of 

inspections for powered-lift. This 

individual commenter asked for 

clarification on how maintenance, 

inspection, and minimum equipment 

requirements would differ from existing 

requirements for airplanes and 

helicopters. 

The FAA agrees with the commenters 

who recommended that the 

determination of a TAPL should not rest 

with individual field offices. The rule 

determines whether a powered-lift 

constitutes a TAPL because it outlines 

the required criteria. 

However, the FAA disagrees with 

AUVSI about the proposed § 194.302(s). 

The definition of TAPL is intended to 

allow the FAA to distinguish between 

complex and less complex powered-lift 

and thereby determine which inspection 

program applies. The TAPL definition is 


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393As discussed in the NPRM, subpart K of part 

91 allows for fractional owners and their respective 

management company to share operational control 

of an aircraft. This subpart details certain 

operational considerations pertaining to fractional 

ownership programs to include safety standards for 

pilot training and qualifications. In the NPRM, the 

FAA discussed how the current regulatory 

framework as well as proposed amendments would 

be applicable to fractional ownership programs 

utilizing powered-lift. See 88 FR 39020, 39038. 

not an indirect imposition of design 

requirements via operational rules. 

Finally, in response to the commenter 

who requested more details on 

maintenance and inspection 

requirements, the FAA notes that, 

unless otherwise specified by part 194, 

powered-lift must continue to comply 

with rules applicable to all aircraft in 

part 43 of this chapter as well as any 

applicable maintenance and inspection 

requirements under parts 91 and 135 of 

this chapter. 

The FAA adopts § 194.302(s) as 

proposed, though due to renumbering, it 

is being adopted as § 194.302(aa). 

Section 91.411 prescribes the 

requirements for altimeter system and 

altitude reporting equipment tests and 

inspections. The FAA proposed in 

§ 194.302(t) to apply § 91.411 to 

powered-lift, as it currently applies to 

both airplanes and helicopters, without 

differentiation. The FAA did not receive 

any comments on the proposed 

§ 194.302(t) and therefore adopts the 

proposed § 194.302(t) as final, though 

due to renumbering, it is being adopted 

as § 194.302(bb). 

6. Large and Turbine-Powered 

Multiengine Airplanes and Fractional 

Ownership Program Aircraft 

Section 91.501 prescribes operating 

rules governing the operation of large 

airplanes of U.S. registry, turbojetpowered multiengine civil airplanes of 

U.S. registry, and fractional ownership 

program aircraft of U.S. registry that are 

operating under subpart K of part 91 in 

operations not involving common 

carriage. 

The FAA anticipates that U.S.- 

registered large powered-lift will 

operate like large airplanes with respect 

to altitude, speed, passenger carrying 

capacity, passenger safety, composition 

of flightcrew, operating environment 

(e.g., over water), and required safety 

and rescue equipment. The FAA 

proposed in § 194.302(u) to capture 

large powered-lift in the applicability 

section of § 91.501, regardless of 

powerplant type, system of aircraft 

ownership, or ownership interest. The 

FAA received no comments on the 

proposed § 194.302(u). Though the 

proposal will not substantively change, 

the FAA determined that further 

clarification is necessary in the subpart 

F applicability section under 

§ 194.302(cc). First, the FAA is 

clarifying under § 194.302(cc) that part 

91, subpart F applies to powered-lift 

operating under subpart K of part 91 

(‘‘Fractional Ownership 

Operations’’).393 The current § 91.501 

already states that subpart F applies to 

fractional ownership program aircraft, 

but the FAA determined that expressly 

stating this in the SFAR regulatory text 

will help clarify the applicability of 

subpart F. Second, the FAA has clarified 

that any sections or paragraphs within 

sections that refer to a specific category 

of aircraft, such as airplanes or 

helicopters, and that are not outlined in 

the SFAR tables to § 194.302 or 

§ 194.306, do not apply to powered-lift. 

Any regulatory reference to a category of 

aircraft that is intended to apply to 

powered-lift will be included in the 

SFAR tables. As such, the FAA adopts 

§ 194.302(u) as final, though due to 

renumbering, it is being adopted as 

§ 194.302(cc). 

Section 91.503 describes required 

flying equipment and operating 

information for airplanes under subpart 

F of part 91. The FAA proposed in 

§ 194.302(v) that this section apply to 

large powered-lift because the FAA 

anticipates that powered-lift will be 

used in passenger-carrying operations 

highly similar to airplanes. The FAA 

received no comments on the proposed 

§ 194.302(v) and therefore adopts 

§ 194.302(v) as final, though due to 

renumbering, it is being adopted as 

§ 194.302(dd). 

Section 91.505 imposes requirements 

to be familiar with the emergency 

equipment installed on the airplane to 

which a crewmember is assigned and 

with the procedures to be followed for 

the use of that equipment in an 

emergency. The crewmember must also 

be familiar with the Airplane Flight 

Manual for that airplane, if one is 

required, and with any placards, 

listings, instrument markings, or any 

combination thereof, containing each 

operating limitation prescribed for that 

airplane by the Administrator, including 

those specified in § 91.9(b). The FAA 

proposed in § 194.302(w) that § 91.505 

apply to large powered-lift because, as 

stated previously, the FAA expects 

powered-lift to be used in passengercarrying operations similar to airplanes. 

The FAA received no comments and 

therefore adopts § 194.302(w) as 

proposed, though due to renumbering it 

is being adopted as § 194.302(ee). 

Section 91.507 states that no person 

may operate an airplane over-the-top or 

at night under VFR unless that airplane 

is equipped with the instruments and 

equipment required for IFR operations 

under § 91.205(d) and one electric 

landing light for night operations. The 

FAA proposed in § 194.302(x) that large 

powered-lift must comply with the 

equipment requirements in this section. 

The FAA received no comments on the 

proposed § 194.302(x) and therefore 

adopts it as final, though due to 

renumbering, it is being adopted as 

§ 194.302(ff). 

Section 91.509(a) requires a life 

preserver or an approved flotation 

means for each occupant of an airplane. 

The FAA proposed in § 194.302(y) that 

powered-lift meet the requirements of 

§ 91.509(a). The FAA received no 

comments on this proposal. 

Section 91.509(b) states that no 

person may take off an airplane for 

flight over water more than 30 minutes 

flying time or 100 nautical miles from 

the nearest shore, whichever is less, 

unless it has onboard specified survival 

equipment. The FAA determined that 

the vertical landing capability of 

powered-lift should be considered in 

evaluating the applicability of this rule. 

Therefore, the FAA proposed in 

§ 194.302(y)(1) to also apply the 

definition of extended over-water 

operations for helicopters to poweredlift. The FAA received no comments to 

this proposal. 

Section 91.509(b)(5) specifically 

requires a lifeline to be stowed in 

accordance with § 25.1411(g). The FAA 

anticipates that powered-lift may be 

developed in the future that are capable 

and certified for ditching and with a 

wing or comparable structure suitable 

for evacuation. Accordingly, the FAA 

proposed in § 194.302(y)(2) that 

powered-lift subject to the requirements 

of subpart F will be required to comply 

with § 25.1411(g) or other airworthiness 

requirements established in accordance 

with § 21.17(b) that provide an 

equivalent level of safety for poweredlift, as reflected in the proposed 

regulatory text. The FAA received no 

comments to § 194.302(y)(2). As a result 

of the foregoing, the FAA adopts 

§ 194.302(y) as final, but as a result of 

renumbering, it is now § 194.302(gg). 

Section 91.511 describes requirements 

for communication and navigation 

equipment for overwater operations. 

Paragraph (a) states that no person may 

take off an airplane for a flight over 

water more than 30 minutes flying time 

or 100 nautical miles from the nearest 

shore unless it has at least the operable 

radio communication and electronic 

navigation equipment described in 


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§ 91.511. The FAA proposed in 

§ 194.302(z) to require large powered-lift 

to comply with § 91.511 for overwater 

operations that are more than 30 

minutes or 100 nautical miles from the 

nearest shore or off-shore heliport 

structure, whichever is less. The FAA 

received no comments on proposed 

§ 194.302(z) and therefore adopts 

§ 194.302(z) as final, though due to 

renumbering it is being adopted as 

§ 194.302(hh). 

Section 91.513 describes requirements 

for emergency equipment for airplanes, 

such as fire extinguishers, first aid kits, 

and megaphones. The FAA proposed in 

§ 194.302(aa) to apply the safety 

standards required in this section to 

large powered-lift. The FAA received no 

comments on the proposed 

§ 194.302(aa) and therefore adopts 

§ 194.302(aa) as final, though due to 

renumbering it is being adopted as 

§ 194.302(ii). 

Section 91.515 prescribes flight 

altitudes for airplanes operating under 

VFR. The flight altitudes are designed to 

ensure adequate terrain clearance from 

any mountain, hill, or other obstruction 

to flight for day and night operations. 

The FAA proposed in § 194.302(bb) to 

apply the minimum flight altitudes in 

§ 91.515 to large powered-lift. The FAA 

received no comments on the proposed 

§ 194.302(bb). Therefore, the FAA 

adopts the proposed § 194.302(bb) as 

final, though due to renumbering it is 

being adopted as § 194.302(jj). 

Section 91.517 describes passenger 

information and signage displaying the 

use of seatbelts and non-smoking 

requirements. The FAA proposed in 

§ 194.302(cc) that large powered-lift 

comply with the information and 

signage display requirements in 

§ 91.517. The FAA received no 

comments and is adopting § 194.302(cc) 

as final, though due to renumbering it 

is being adopted as § 194.302(kk). 

Section 91.519 describes passenger 

briefings for the use of seatbelts and 

non-smoking requirements. The FAA 

proposed in § 194.302(dd) that § 91.519 

should also apply to large powered-lift 

because passenger briefings for seatbelt 

use and smoking are equally important 

for airplane and powered-lift passengercarrying operations. The FAA received 

no comments on § 194.302(dd) and 

therefore adopts the proposed 

§ 194.302(dd) as final, though due to 

renumbering it is being adopted as 

§ 194.302(ll). 

Section 91.521 prescribes the 

requirements for equipping transport 

category airplanes with shoulder 

harnesses and safety belts. The FAA 

proposed in § 194.302(ee) that large 

powered-lift comply with the safety 

equipment requirements for airplanes in 

this section. The FAA did not receive 

any comments on the proposed 

§ 194.302(ee). As such, the FAA adopts 

§ 194.302(ee) as final, though due to 

renumbering, it is being adopted as 

§ 194.302(mm). 

Section 91.523 imposes requirements 

regarding how carry-on baggage is 

stored on airplanes with a seating 

capacity of more than 19 passengers. 

The FAA proposed in § 194.302(ff) that, 

should powered-lift with more than 19 

seats be developed, they would be 

required to comply with § 91.523, 

including the safety equipment 

requirements specified in § 25.561(b)(3) 

or airworthiness criteria that the FAA 

may find provide an equivalent level of 

safety in accordance with § 21.17(b). 

The FAA did not receive any comments 

on the proposed § 194.302(ff) and 

therefore adopts § 194.302(ff) as final, 

though due to renumbering, it is being 

adopted as § 194.302(nn). 

Section 91.525 describes the 

requirements for the carriage of cargo. 

The FAA proposed in § 194.302(gg) that 

this section should apply to poweredlift. The FAA received no comments on 

the proposed § 194.302(gg) and therefore 

adopts § 194.302(gg) as final, though 

due to renumbering, it is being adopted 

as § 194.302(oo). 

Section 91.527 describes the 

requirements for operations in icing 

conditions. To ensure safe operation of 

powered-lift, all the items listed in 

§ 91.527(a), as well as other critical 

surfaces as determined by the 

manufacturer, must be clear from any 

contamination adhering to their 

surfaces, including the vertical-lift flight 

mode lifting devices. The FAA proposed 

in § 194.302(hh) that the requirements 

of § 91.527(a) should apply to all large 

powered-lift, including the vertical-lift 

flight mode lifting devices. The FAA 

received no comments on the proposed 

§ 194.302(hh) and therefore adopts 

§ 194.302(hh) as final, though due to 

renumbering, it is being adopted as 

§ 194.302(pp). 

Section 91.527(b) prescribes rules for 

IFR flight into known or forecast light or 

moderate icing conditions, or under 

VFR into known light or moderate icing 

conditions unless certain conditions are 

met as described below. The FAA 

proposed in § 194.302(ii) that no pilot 

may fly a powered-lift under IFR into 

known or forecast light or moderate 

icing conditions or under VFR into 

known light or moderate icing 

conditions unless it has been type 

certificated and appropriately equipped 

for operations in icing conditions, as set 

forth in § 194.308(i). Section 194.308(i), 

pertaining to § 135.227(d), requires 

powered-lift seeking certification to 

operate in known or forecast light or 

moderate icing conditions to have 

procedures for the use of the ice 

protection equipment set forth in the 

AFM. The FAA received no comments 

on either the proposed § 194.302(ii) or 

§ 194.308(i). As such, the FAA adopts 

both §§ 194.302(ii) and 194.308(i) as 

final. However, due to renumbering, 

§ 194.302(ii) is being adopted as 

§ 194.302(qq) and § 194.308(i) is being 

adopted as § 194.306(xx). 

Section 91.527(c) prohibits airplane 

operations into known or forecast severe 

icing conditions, except for an airplane 

that has ice protection provisions that 

meet the requirements in section 34 of 

Special Federal Aviation Regulation No. 

23, or those for transport category 

airplane type certification. The FAA did 

not propose to apply this regulation to 

powered-lift operations, explaining that 

powered-lift would be prohibited from 

operating into known or forecast severe 

icing conditions. However, upon further 

review, the FAA determined the SFAR 

regulatory text should explicitly address 

this prohibition. As a result, the FAA is 

adding paragraph (rr) within § 194.302, 

applying paragraph (c) of § 91.527 to 

powered-lift that are subject to the 

requirements of subpart F of part 91. 

Section 194.302(rr) states that no pilot 

may fly a powered-lift into known or 

forecast severe icing conditions. The 

exceptions outlined in § 91.527(c) (i.e., 

for airplanes and transport category 

airplanes with ice protection provisions) 

do not apply to powered-lift. The FAA 

therefore adopts § 194.302(rr) as 

amended, which prohibits powered-lift 

from flying into known or forecast icing 

conditions. 

Section 91.529 addresses flight 

engineer requirements for airplane 

operations. The FAA did not propose 

application of this section to poweredlift because modern aircraft are not 

designed to require a flight engineer. 

Section 91.531 describes second-incommand SIC requirements for 

airplanes in subpart F. Section 91.531(a) 

provides that, subject to an exception in 

§ 91.531(b), no person may operate any 

airplane that is type certificated for 

more than one required pilot, any large 

airplane, or any commuter category 

airplane without a pilot designated as 

SIC. The FAA proposed in § 194.302(jj) 

that paragraphs (a)(1) and (2) apply to 

powered-lift. However, the FAA 

proposed not to apply paragraph (a)(3) 

to powered-lift because there are 

currently no commuter category 

powered-lift, and no new aircraft can be 

certificated for that category as there are 

no longer any certification standards for 

commuter category aircraft in the 


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

395The FAA notes that it published a Notice of 

Proposed Rulemaking pertaining to CVRs, but the 

proposal does not impact this final rule. See 25- 

hour Cockpit Voice Recorder (CVR) Requirement, 

New Aircraft Production, NPRM, 88 FR 84090 (Dec. 

4, 2023). 

Federal Aviation Regulations. Section 

91.531(b)(1) states that an airplane 

certificated for operation with one pilot 

may be operated without a pilot 

designated as SIC. Section 91.531(b)(2) 

states that a person may operate a large 

or turbojet-powered multiengine 

airplane, holding a special 

airworthiness certificate, without an SIC 

if (1) the airplane was originally 

designed with only one pilot station, or 

(2) the airplane was originally designed 

with more than one pilot station, but 

single pilot operations were permitted 

by the AFM or were otherwise 

permitted by the U.S. Armed Forces or 

the armed forces of a Chicago 

Convention contracting State. The FAA 

proposed in § 194.302(jj) that 

§ 91.531(b)(1) apply to a powered-lift 

certificated for operation with one pilot 

and that (b)(2) apply to all large 

powered-lift that hold a special 

airworthiness certificate and meet the 

requirements of § 91.531(b)(2)(i) and (ii), 

regardless of powerplant type. The FAA 

determined that further clarification is 

necessary for § 91.531(b)(2) because the 

current regulation applies to large and 

turbojet-powered multiengine airplanes. 

Though the FAA explains in the NPRM 

it will not reference ‘‘multiengine’’ or 

‘‘turbojet-powered’’ for powered-lift in 

the operational rules,394 the SFAR 

regulatory text should clarify that 

§ 91.531(b)(2) applies to ‘‘large’’ 

powered-lift. As a result, the FAA is 

clarifying under § 194.302(ss) that 

§ 91.531(b)(2) applies to large poweredlift that meet the additional 

requirements outlined in § 91.531(b)(2), 

which includes subparagraphs (i) and 

(ii). 

Section 91.531(c) states no person 

may designate a pilot to serve as SIC, 

nor may any pilot serve as SIC, of an 

airplane required under this section to 

have two pilots unless that pilot meets 

the qualifications for SIC prescribed in 

§ 61.55. The FAA proposed in 

§ 194.302(jj) that paragraph (c) apply to 

large powered-lift. The FAA received no 

comments on the proposed § 194.302(jj) 

and therefore adopts § 194.302(jj) as 

final, though due to renumbering, it is 

being adopted as § 194.302(ss). 

Section 91.533 describes flight 

attendant requirements for airplanes 

with more than 19 passengers. The FAA 

proposed in § 194.302(kk) that this 

section apply to powered-lift with more 

than 19 passengers onboard if the 

powered-lift are certificated for civil 

operations during the duration of the 

SFAR. The FAA received no comments 

on the proposed § 194.302(kk) and 

therefore adopts § 194.302(kk) as final, 

though due to renumbering, it is being 

adopted as § 194.302(tt). 

7. Additional Equipment and Operating 

Requirements for Large and Transport 

Category Aircraft 

Section 91.603 requires that a 

transport category airplane be equipped 

with an aural speed warning device that 

complies with § 25.1303(c)(1). The FAA 

proposed in § 194.302(ll) that this 

regulation apply to large powered-lift. 

As noted in the NPRM, the FAA also 

proposed that instead of § 25.1303, the 

FAA may apply other airworthiness 

criteria it finds provide an equivalent 

level of safety in accordance with 

§ 21.17(b). The FAA did not receive any 

comments on the proposed § 194.302(ll) 

and therefore adopts § 194.302(ll) as 

final, though due to renumbering, it is 

being adopted as § 194.302(uu). 

Section 91.605 prescribes transport 

category civil airplane weight 

limitations. Section 91.605(a) prescribes 

takeoff requirements for transport 

category airplanes (other than a turbineengine-powered airplane certificated 

after September 30, 1958). This 

regulation applies only to non-turbine 

powered airplanes that were type 

certificated without an Airplane Flight 

Manual. All new entrant powered-lift 

type certificated under § 21.17(b) will be 

required to have an AFM; accordingly, 

the FAA did not propose to apply 

§ 91.605(a) to powered-lift for this 

SFAR. 

Section 91.605(b) contains references 

to an Airplane Flight Manual and 

prohibits operations contrary to the 

flight manual. Section 91.605(b)(1) 

states that no person operating a 

turbine-engine-powered transport 

category airplane may takeoff that 

airplane at a weight greater than that 

listed in the Airplane Flight Manual. 

The FAA proposed in § 194.302(mm) to 

apply § 91.605(b)(1) to large poweredlift—regardless of whether they will 

takeoff vertically or using wing-borne 

lift similar to an airplane—and that have 

the takeoff performance information in 

the AFM. 

Section 91.605(b)(2) stipulates no 

person operating a turbine-enginepowered transport category airplane 

may takeoff at a weight (allowing for 

normal consumption of fuel and oil in 

flight to the destination or alternate 

airport) if the weight of the airplane on 

arrival would exceed the landing weight 

as contained in the Airplane Flight 

Manual taking in consideration the 

elevation of the destination or alternate 

airport and the ambient temperature 

anticipated at the time of landing. The 

FAA proposed in § 194.302(nn) that 

paragraph (b)(2) apply to large poweredlift—regardless of whether they will 

land vertically or using wing-borne lift 

similar to an airplane—that have the 

landing performance information in the 

AFM. 

Section 91.605(b)(3) and (b)(4)(ii) also 

contain additional takeoff criteria for 

turbine-engine-powered transport 

category airplanes, such as wet runway 

and clearway distances. The FAA 

proposed in § 194.302(oo) to apply these 

requirements to certain large poweredlift. Section 91.605(c) sets specific 

requirements for takeoff distances and 

runway lengths for turbine-enginepowered transport category airplanes 

certificated after August 29, 1959. The 

FAA proposed in § 194.302(oo) that this 

paragraph apply to large powered-lift 

executing takeoff operations that utilize 

wing-borne lift and have takeoff 

performance information in the AFM. 

The FAA did not receive any 

comments on proposed § 194.302(mm), 

(nn), or (oo). The FAA therefore adopts 

§ 194.302(mm), (nn), and (oo) as final, 

though due to renumbering, these 

sections are being adopted as 

§ 194.302(vv), (ww), and (xx). 

Section 91.609 prescribes the 

requirements for flight data recorders 

(FDR) and cockpit voice recorders (CVR) 

in large and transport-category U.S.- 

registered civil aircraft.395 The 

requirements are based, in part, on the 

passenger-seating configuration of each 

aircraft. The FAA proposed in 

§ 194.302(pp) that a powered-lift, based 

on seating configuration but regardless 

of the type of powerplant, must comply 

with the certification provisions listed 

in § 91.609(c)(3), (e)(1), and (i), or with 

such airworthiness criteria as the FAA 

may find provide an equivalent level of 

safety in accordance with § 21.17(b). 

Furthermore, the FAA proposed that 

operators of powered-lift must comply 

with §§ 194.312 or 194.313 in lieu of the 

appendices referenced in § 91.609(c)(1). 

The FAA received four comments on 

the proposed §§ 194.302(pp), 194.312, 

and 194.313. 

ALPA argued that FDR and CVR 

should be required for powered-lift, 

regardless of seating capacity. ALPA 

further recommended that, in addition 

to requiring CVR and FDR recorders for 

all powered-lift, powered-lift operators 

should be required to install Flight Data 

Monitoring Systems (FDMS) to identify 

adverse trends and prevent accidents. 

The FAA has previously determined 

that the FDR requirement is appropriate 


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396See Section XIII (‘‘Definitions’’) for more 

information on how the FAA defines these flight 

modes in the final rule. 

for only those multiengine, turbinepowered airplanes or rotorcraft that 

have a passenger seating configuration, 

excluding any pilot seats, of 10 or more. 

Due to the capability of powered-lift to 

operate in wing-borne flight mode and 

vertical-lift flight mode, the FAA will 

also require multiengine, turbinepowered powered-lift to comply with 

§ 91.609(c)(1). 

In addition, the FAA has previously 

determined that the cockpit voice 

recorder (CVR) requirement is 

appropriate for only those multiengine, 

turbine-powered airplanes or rotorcraft 

that have a passenger seating 

configuration of six passengers or more 

and for which two pilots are required by 

type certification. Due to the capability 

of powered-lift to operate in the wingborne flight mode and vertical-lift flight 

mode, the FAA will also require 

multiengine, turbine-powered poweredlift to comply with § 91.609(e). 

Lastly, as stated in the NPRM, the 

costs imposed on operators and 

individuals complying with this rule 

would be no more burdensome than the 

costs incurred by entities and 

individuals complying with 

corresponding airplane and rotorcraft 

regulations that are already in effect. 

Requiring powered-lift to comply with 

FDR and CVR regardless of seating 

capacity is not consistent with current 

regulations. Moreover, the FAA 

determined that requiring equipment 

such as CVRs and FDRs for all poweredlift regardless of the seating capacity is 

not warranted at this time because the 

FAA does not have the data to support 

requiring that equipment to be installed 

on powered-lift with less than six 

passenger seats. 

An individual commenter stated that, 

although the NPRM mentions that 

powered-lift can operate using features 

of both helicopters or airplanes, the 

proposed rule only addresses two flight 

modes: wing-borne and vertical-lift 

flight. The commenter argued that the 

most critical operating modes, as 

evidenced by historical accident, 

incident, and anomalous event data for 

the V–22 Osprey tilt-rotor, are during 

transition (VTOL-airplane) and 

conversion (airplane-VTOL), when the 

lift is being shared by engine-driven lift 

devices/engine thrust and the wing. The 

commenter argued that the rule should 

address powered-lift transition and 

conversion modes of flight. 

Although there is no table specific to 

‘‘transition’’ and ‘‘conversion’’ modes, 

the existing parameters listed in the 

published FDR tables include these 

flight modes (e.g., § 194.310 contains a 

section that specifies ‘‘Pilot inputted— 

Primary controls (i.e., Ascent, descent, 

acceleration and deceleration, heading 

and directional control for all axes)’’). 

The FAA proposed requiring the FDR to 

record all data during the manipulation 

of all primary flight controls for all axes, 

which includes recording the full range 

during any transitions in and out of the 

vertical-lift flight mode.396 These 

parameters were included in Table 1 to 

§ 194.312 and Table 1 to § 194.314 in 

the proposed SFAR. Therefore, the 

transition and conversion modes are 

incorporated into the SFAR FDR tables. 

ANAC asked the FAA to consider 

adopting the following requirement: 

‘‘No person may operate a U.S. civil 

registered multiengine aircraft having a 

passenger seating configuration of six 

passengers or more unless it is equipped 

with an approved cockpit voice 

recorder.’’ Lastly, ANAC suggested 

exploring the integration of lightweight 

flight recorders for voice and data 

recording. 

ANAC suggested that the required 

amount of recorded information be 

reduced from 25 hours to 10 hours due 

to the perceived limited endurance of 

powered-lift. However, the FAA notes 

that subpart G of part 91 applies to the 

operation of large and transport category 

U.S.-registered civil aircraft. The FAA 

expects large and transport-category 

powered-lift to have endurances similar 

to transport-category airplanes and 

helicopters. Therefore, the FAA has 

determined that existing FDR 

requirements are appropriate for large 

and transport category U.S.-registered 

civil powered-lift and will provide a 

level of safety equivalent to airplanes 

and rotorcraft. The FAA has previously 

determined that the CVR requirement is 

appropriate only for those U.S. civil 

registered multiengine, turbine-powered 

airplane or rotorcraft having a passenger 

seating configuration of six passengers 

or more and for which two pilots are 

required by type certification or 

operating rule. The FAA does not intend 

to expand this requirement to include 

aircraft for which only one pilot is 

required. Furthermore, as stated in the 

NPRM the costs imposed on operators 

and individuals complying with this 

rule would be no more burdensome 

than the costs incurred by entities and 

individuals complying with 

corresponding airplane and rotorcraft 

regulations that are already in effect. As 

such, requiring powered-lift to comply 

with the CVR requirements for aircraft 

requiring only one pilot is not 

consistent with current regulations and 

would create a financial burden on the 

operator. 

An anonymous commenter stated 

they are concerned that the proposed 

flight recorder parameters do not 

adequately address the unique design 

and operation of vertical lift vehicles. 

Furthermore, battery propulsion 

systems are not included in the 

proposed parameter list in this NPRM. 

The commenter asserted that, 

considering that the intent of battery 

technology is to replace legacy turbinepowered systems, powered-lift should 

be mandated to carry flight recording 

technology regardless of weight or 

passenger capacity. The FAA disagrees. 

The parameters specified in the 

proposed tables of § 194.312 through 

§ 194.315 in the SFAR adequately 

encompass current powered-lift designs. 

The FAA proposed the requirement of 

the FDR to record all the pilots’ inputs 

of the primary controls (i.e., ascent, 

descent, acceleration, and deceleration, 

heading and directional control for all 

axes). Thus, regardless of propulsion 

system or weight, the FDR would record 

the primary controls inputs. 

In summary, the FAA notes that 

subpart G of part 91 applies to the 

operation of large and transport-category 

U.S.-registered civil aircraft. The FAA 

expects large and transport-category 

powered-lift to have endurances similar 

to transport-category airplanes and 

helicopters. Therefore, the FAA has 

determined that existing CVR and FDR 

requirements are appropriate to large 

and transport category U.S. registered 

civil powered-lift and will provide a 

level of safety equivalent to airplanes 

and rotorcraft. The FAA does not intend 

to expand the current rule to include all 

powered-lift, regardless of powerplant, 

seating capacity, or number of pilots 

required. Requiring equipment such as 

CVRs and FDRs for all powered-lift is 

not warranted at this time because the 

FAA does not have the data to support 

requiring this equipment to be installed 

all powered-lift regardless of seating 

capacity. Furthermore, as stated in the 

NPRM, the costs imposed on operators 

and individuals complying with this 

rule would be no more burdensome 

than the costs incurred by entities and 

individuals complying with 

corresponding airplane and rotorcraft 

regulations that are already in effect. As 

a result of the foregoing, the FAA adopts 

§ 194.302(pp)(1) and (2) as final, though 

due to renumbering, those provisions 

are adopted as § 194.302(yy)(1) and (2). 

Section 91.609(d) requires that, 

whenever a flight recorder required by 

§ 91.609 is installed, it must be operated 

continuously from the instant the 

airplane begins the takeoff roll or the 


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rotorcraft begins lift-off to when the 

airplane has completed the landing roll 

or the rotorcraft has landed at its 

destination. The FAA proposed in 

§ 194.302(pp)(3) to require powered-lift 

to comply with this section by requiring 

that the flight recorder be operated 

continuously from the earlier point at 

which the powered-lift begins the 

takeoff roll or begins lift-off until the 

latter point when the powered-lift has 

completed the landing roll or has 

landed at its destination. The FAA did 

not receive any comments on this 

proposal and therefore adopts 

§ 194.302(pp)(3) as final, though due to 

renumbering, it is being adopted as 

§ 194.302(yy)(3). 

Section 91.609(i) describes the CVR 

requirements for airplanes or rotorcraft 

manufactured on or after April 7, 2010. 

Section 91.609(j) describes the 

requirements for recording datalink 

messages in airplanes or rotorcraft when 

the datalink communication equipment 

was installed on or after April 6, 2012. 

The FAA considers CVRs and FDRs to 

be necessary safety equipment on 

airplanes and rotorcraft and proposed in 

§ 194.302(pp) that these requirements 

also be applicable to powered-lift. The 

FAA did not receive any comments 

related to § 91.609(i) and (j). The FAA 

therefore adopts § 194.302(pp) as final, 

though due to renumbering, it is being 

adopted as § 194.302(yy). 

Section 91.611 authorizes ferry flights 

with one engine inoperative for 

airplanes with three or four engines. 

The rule was written specifically for 

airplanes and is based on airplane 

performance characteristics. The FAA 

acknowledged that some powered-lift 

may operate as an airplane during 

takeoff but determined this section 

should not be applicable to large 

powered-lift under the SFAR due to the 

lack of data to support safe powered-lift 

operations with an inoperative engine. 

The FAA received one comment 

related to § 91.611 from BETA, who 

recommended that the FAA make 

§ 91.611 applicable to all powered-lift 

for which the AFM contains procedures 

for normal flight operations without all 

engines operating. BETA stated the 

FAA’s decision to exclude § 91.611 from 

the SFAR unnecessarily restricts 

operations of powered-lift that during 

the type certification process establish 

that the aircraft can safely perform 

normal flight operations without all 

engines operating. 

The FAA notes that § 91.611 was 

written specifically for airplanes and is 

based on airplane performance 

characteristics. The FAA acknowledges 

that some powered-lift may operate as 

an airplane during takeoff but 

determined this section should not be 

applicable to large powered-lift under 

the SFAR due to the lack of data to 

support safe powered-lift operations 

with an inoperative engine. The FAA 

expects to obtain more data during the 

term of this SFAR to determine if 

powered-lift can safely operate with an 

inoperative engine. The FAA further 

notes that the applicability section 

subpart G of part 91 applies to the 

operation of large and transport category 

U.S.-registered civil aircraft. The A250, 

a powered-lift mentioned in BETA’s 

comment, is not a large nor a transport 

category U.S.-registered civil aircraft 

and therefore is not subject to the 

requirements of subpart G of part 91. 

Section 91.613 requires airplane 

compartment interiors to meet the flame 

propagation requirements set forth in 

§§ 25.853 or 25.856. For large poweredlift, the FAA proposed in § 194.302(qq) 

that the thermal/acoustic installation 

materials required by § 91.613(b)(2) 

meet the requirements of § 25.856 or 

such airworthiness criteria as the FAA 

may find provide an equivalent level of 

safety in accordance with § 21.17(b). 

Section 91.613(a) does not apply to 

powered-lift because SFAR 41 

terminated in September 1983 and is 

limited to type design changes for 

airplanes issued prior to October 1979. 

The FAA did not receive any comments 

related to § 194.302(qq) and therefore 

adopts § 194.302(qq) as final, though 

due to renumbering, it is being adopted 

as § 194.302(zz). 

8. Waivers 

Section 91.903 permits the 

Administrator to issue a certificate of 

waiver authorizing the operation of 

aircraft in deviation from any rule listed 

under § 91.905 if the Administrator 

finds that the proposed operation can be 

safely conducted under the terms of that 

certificate of waiver. In the NPRM, the 

FAA proposed a permanent change to 

§ 91.903 that would allow the FAA to 

issue certificates of waiver for any of the 

part 91 operating rules as modified by 

part 194. In other words, each 

corresponding part 194 operating rule 

addressing a waivable part 91 rule will 

also be waivable. For example, § 91.107 

is a waivable regulation under § 91.905. 

Similarly, § 194.302(c), which applies 

§ 91.107 to powered-lift, will also be 

waivable under the § 91.903 amended 

language. For any rules that are not 

waivable, a powered-lift operator may 

still petition for an exemption. The FAA 

did not receive comments regarding 

proposed § 91.903(a) and finalizes the 

amendment as proposed. 

9. Fractional Ownership Operations 

Section 91.1037 addresses the 

requirements for operating large 

transport category airplanes at 

destination and alternate airports. The 

FAA perceives that large powered-lift 

will operate similar to large transportcategory airplanes when considering 

altitude, distance, speed, passenger 

carrying capacity, passenger safety, 

composition of flight crew, operating 

environment (e.g., over water), and 

required safety and rescue equipment. 

Therefore, the FAA proposed that large 

transport category powered-lift comply 

with § 91.1037 as set forth in 

§ 194.302(rr). Furthermore, the FAA 

proposed that if a specific powered-lift 

meets the requirements of § 91.1037, 

then all of the requirements of 

§ 91.1025(o), including § 91.1025(o)(7) 

which currently only applies to 

airplanes, will be applicable, as set forth 

in § 194.302(rr)(i). The FAA did not 

receive any comments related to 

§ 194.302(rr) and therefore adopts 

§ 194.302(rr) as final, though due to 

renumbering, it is being adopted as 

§ 194.302(aaa). 

Section 91.1041 addresses aircraft 

proving and validation tests. Section 

91.1041 sets out the parameters and the 

requirements for when proving and 

validation tests must be accomplished 

by a fractional ownership program. 

Section 91.1041(b) requires a 

fractional ownership program manager 

to conduct proving tests in a turbojet 

airplane if they have not previously 

proved a turbojet airplane. The FAA 

proposed in § 194.302(ss) that a 

fractional ownership program manager 

that has not previously proven a 

powered-lift in operations under 

subpart K, be required to conduct at 

least 25 hours of proving tests 

acceptable to the Administrator as 

detailed in § 91.1041(b)(1) through (3). 

Under § 91.1041(d), the FAA requires 

validation testing for certain 

authorizations, for operations outside 

U.S. airspace, and for the addition of 

certain aircraft that were previously 

proved or validated but are not of the 

same make or model, or of similar 

design. These tests are required for 

aircraft that require two pilots for flight 

in VFR conditions, or turbojet airplanes. 

Under § 194.302(ss), the FAA proposed 

applying § 91.1041(d) to powered-lift 

that are subject to the requirements of 

subpart K of part 91. The FAA did not 

receive comments regarding 

§ 91.1041(d). 

The FAA received one comment from 

Lilium regarding the 25-hour proving 

test requirement under § 91.1041(b). 

Lilium urged the FAA to consider 


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397See 88 FR 39040–39041 (June 14, 2023). 

Specifically, the NPRM further explains the TERPs 

Manuals and Copter instrument procedures (IP) 

process, as well as the airworthiness evaluation 

process for copter procedures. 88 FR 39040 (June 

14, 2023). The NPRM also explains that the 

minimums prescribed for copter procedures are not 

published in the Code of Federal Regulations; 

rather, the Standard for Terminal Instrument 

Procedures (TERPs) are documented on FAA Forms 

8260–3, 8260–4, 8260–5, and 8260–15A, and 

depicted on aeronautical charts published by the 

FAA. They are incorporated by referenced pursuant 

to 5 U.S.C. 552(a) and 1 CFR part 51. 

adopting a tailored approach to this 

requirement. Specifically, Lilium stated 

the FAA could require program 

managers to conduct a series of proving 

tests, each focusing on a specific aspect 

of the aircraft’s operation, and that the 

proving test period should be tailored to 

the expected geographical routes and 

flight times of the program. 

Powered-lift, regardless of the 

powerplant, have additional complexity 

due to their design and operation. These 

features have not been available and 

experienced by the civilian market to 

date. Although Lilium proposed a 

specific strategy for tailoring the proving 

test requirements, § 91.1041(g) already 

allows the Administrator to authorize 

deviations from the proving and 

validation testing requirements if the 

Administrator finds that special 

circumstances make full compliance 

with this section unnecessary. As a 

result of this deviation authority, no 

additional regulatory revisions are 

required. The FAA accepts § 194.302(ss) 

as final, though due to renumbering, it 

is being adopted as § 194.302(bbb). 

Section 91.1045 contains additional 

safety equipment requirements for 

program aircraft. The FAA proposed 

that this rule apply to certain poweredlift in proposed § 194.302(tt) and (uu). 

For powered-lift with more than 30 

seats or a payload capacity of more than 

7,500 pounds, the FAA proposed that 

§ 91.1045(a) applies; and for poweredlift with 30 seats or fewer and a payload 

capacity of 7,500 pounds or less, 

§ 91.1045(b) applies. Furthermore, the 

FAA proposed that § 91.1045(a)(3) and 

(b)(3) apply to powered-lift, and that 

instead of TAWS, a powered-lift must 

be equipped with an HTAWS that meets 

the requirements of TSO–C194 and 

Section 2 of RTCA DO–309 or a FAAapproved TAWS A/HTAWS hybrid 

system. 

Section 91.1045(b)(5) refers to 

airborne thunderstorm detection 

equipment required by § 135.173 and 

airborne weather radar required by 

§ 135.175. This section is applicable to 

airplanes having a passenger-seat 

configuration of 30 seats or fewer, 

excluding each crewmember, and a 

payload capacity of 7,500 pounds or 

less, and any rotorcraft (as applicable). 

The FAA proposed in § 194.302(uu) that 

§ 91.1045(b)(5) apply to powered-lift. As 

an additional note, the requirements of 

§§ 135.173 and 135.175 apply as-written 

to powered-lift because they apply to 

aircraft and the FAA is not proposing to 

apply the helicopter provisions of those 

sections to powered-lift. 

EASA asked if the FAA expects to 

issue a waiver from the requirement for 

powered-lift to be equipped with 

thunderstorm detection equipment. 

Although not explicitly stated, it 

appears EASA is referencing § 91.1045. 

The FAA does not issue waivers to this 

rule. However, an individual or entity 

may seek relief from this rule, in the 

form of an exemption, by following the 

criteria set forth in 14 CFR part 11. The 

FAA will consider any exemption 

request that is submitted in accordance 

with 14 CFR part 11. 

The FAA is adopting § 194.302(tt) and 

(uu) as proposed, though due to 

renumbering, these sections are being 

adopted as § 194.302(ccc) and (ddd). 

The FAA notes applicability of pilot 

qualifications and training requirements 

in Subpart K of part 91 are discussed in 

section V.L. of this preamble. 

With the exception of § 91.1109(b)(4), 

§ 91.1109 applies to powered-lift 

because it is generally applicable to 

aircraft. Section 91.1109(b) requires 

each person desiring to establish or 

change an approved inspection program 

under this section to submit the 

inspection program for approval to the 

Flight Standards office that issued the 

program manager’s management 

specifications. Under § 91.1109(b)(4), 

the inspection program may be derived 

from an airplane inspection program 

approved under § 125.247 and currently 

in use under part 125. The FAA recently 

proposed to amend the applicability of 

part 119 and allow powered-lift 

operations in part 125 in the Update to 

Air Carrier Definitions NPRM. However, 

the FAA did not include part 125 in this 

SFAR. Although § 91.1109(b)(4) is not 

applicable to powered-lift, the 

remaining provisions in § 91.1109 apply 

to powered-lift because they apply to all 

aircraft. 

Additionally, the FAA notes that 

§ 91.1115(b)(1) uses the word ‘‘airplane’’ 

and the rest of paragraph (b) uses the 

word aircraft. The FAA proposed a 

technical amendment to § 91.1115(b)(1) 

to change the word ‘‘airplane’’ to 

‘‘aircraft.’’ Changing this reference will 

not adversely affect any other category 

of aircraft. As changed, this section 

would then apply to powered-lift. The 

Continuous Airworthiness Maintenance 

Program (CAMP) program manager is 

primarily responsible for maintaining 

the airworthiness of the program 

aircraft, including airframes, aircraft 

engines, propellers, rotors, appliances, 

and parts, including for powered-lift. 

The CAMP manager is also responsible 

for maintaining the operations manual 

and maintaining the records required by 

§ 91.1427 for the specified amount of 

time. The FAA did not receive any 

comments on the proposed 

§ 91.1115(b)(1) and therefore adopts it as 

final. 

C. Part 97 Rules for Powered-Lift 

Title 14 CFR part 97 prescribes 

standard instrument approach 

procedures, obstacle departure 

procedures, and weather minimums that 

apply to IFR takeoffs and landings at 

civil airports in the United States. It 

further defines copter procedures as 

helicopter procedures, with applicable 

minimums as prescribed in § 97.35. The 

definition is limited to helicopters 

because when part 97 was promulgated, 

the FAA did not envision that aircraft 

would have hybrid airplane and 

helicopter characteristics. Consequently, 

powered-lift are currently excluded 

from using copter procedures, even if 

they can perform the operations safely. 

The purpose of this section of the SFAR 

is to propose a regulatory pathway that 

allows powered-lift to use the copter 

procedures defined in § 97.3. 

In the NPRM, the FAA proposed 

§ 194.305 to ensure that powered-lift 

seeking to use copter procedures can be 

certified under § 21.17(b), be approved 

for IFR operations, and meet equivalent 

system design and stability as 

helicopters currently type certificated 

for instrument flight under part 27 and 

appendix B to part 29. If the poweredlift does not meet that equivalency, the 

aircraft’s flight manual will contain a 

limitation prohibiting use of copter 

procedures. As explained in the NPRM, 

the specific airworthiness standards will 

be established during the type 

certification process. The criteria the 

FAA considers necessary for poweredlift to conduct copter procedures under 

part 97 are provided in greater detail in 

the NPRM.397

The FAA received five public 

comments that were in support of the 

proposed language. Joby and Bristow 

generally supported the language. Both 

commenters (from CAE and National 

Business Aviation Association (NBAA)) 

considered the draft language to be a 

practical application of IFR procedures 

to powered-lift and expressed their 

support. GAMA expressed very strong 

support of the draft language allowing 

certified powered-lift to use helicopter 

procedures stating it is ‘‘welcomed by 

industry stakeholders.’’ 


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Therefore, the FAA adopts § 194.305 

as proposed. 

D. Part 135 Rules for Powered-Lift 

The FAA conducted a review of the 

part 135 regulations to identify which 

rules specified aircraft, airplane, 

helicopter, rotorcraft, or powered-lift in 

the text of the rule. All part 135 

regulatory requirements imposed on 

‘‘aircraft’’ apply to powered-lift, so any 

portions of part 135 which are silent to 

aircraft category are applicable to all 

part 135 operations conducted with 

powered-lift. The FAA considered the 

safety aspects of the rule and whether 

powered-lift have similar operating and 

performance characteristics to airplanes 

or helicopters, and determined which 

should be applicable to powered-lift. 

This final rule uses existing 

requirements for airplane, helicopter, or 

rotorcraft and includes some new 

requirements specifically for poweredlift. This final rule will apply to all 

powered-lift when used in part 135 

operations. 

In response to comments received, the 

FAA drafted some new performancebased requirements. These new 

requirements allow the use of some 

helicopter rules as long as the operator 

complies with the appropriate risk 

mitigations that are detailed in the final 

rule, as an alternative to the airplane 

rules. Therefore, there is no longer a 

distinct dividing line between airplane 

or helicopter rules being applicable to 

powered-lift, so the final rules below are 

listed in numerical order. 

1. Subpart A: General 

Subpart A prescribes requirements 

regarding the applicability, manual 

requirements, aircraft requirements, and 

crewmember certificate requirements for 

part 135. 

Section 135.1 outlines the 

applicability of part 135. In particular, 

§ 135.1(a)(9) lists helicopter air 

ambulance (HAA) operations, as defined 

in § 135.601(b)(1), as being governed by 

part 135. Regulations for HAA 

operations are found in subpart L of part 

135. As discussed in section VI.D.8. of 

this preamble, the FAA is applying 

subpart L of part 135 to powered-lift 

that conduct air ambulance operations. 

Therefore, it is necessary for 

§ 135.1(a)(9) to be applicable to 

powered-lift that conduct air ambulance 

operations. The application of 

§ 135.1(a)(9) to powered-lift conducting 

air ambulance operations was proposed 

in § 194.308(a). 

The FAA received one comment from 

GAMA on proposed § 194.308(a). 

GAMA requested that powered-lift be 

treated as helicopters for the purposes of 

§ 135.1(a)(9). As the FAA proposed that 

§ 135.1(a)(9) be applicable to poweredlift conducting air ambulance 

operations, GAMA’s comment was 

already addressed in the NPRM. 

Therefore, the FAA adopts § 194.308(a) 

as final, but as a result of renumbering 

it is now § 194.306(a). 

Section 135.23 specifies the required 

content for those operators required to 

have a manual under § 135.21. Section 

135.23(r) specifies the manual content 

requirements of a Destination Airport 

Analysis. However, the Destination 

Airport Analysis manual content 

requirements are only required if a 

Destination Airport Analysis is required 

by § 135.385 (‘‘Large transport category 

airplanes: Turbine engine powered: 

Landing limitations: Destination 

Airports’’). As specified in section 

VI.D.6. of this preamble, § 135.385 

applies to large powered-lift per 

§ 194.306(hhh) and (iii). 

In the NPRM, the FAA proposed in 

§ 194.307(a) that, if a large powered-lift 

is required by § 194.307(qq) and (rr) to 

comply with § 135.385, then the 

requirements of § 135.23(r)(7) would be 

applicable to powered-lift. 

The FAA received no comments on 

proposed § 194.307(a); however, the 

FAA determined that clarification on 

§ 135.23(r) is necessary. Although 

subparagraph (r)(7) contains the only 

specific reference to ‘‘airplane’’ under 

§ 135.23, the FAA is revising the 

proposed regulatory text under 

§ 194.307(a) to reference ‘‘Section 

135.23(r)’’ instead of ‘‘(r)(7)’’ because 

the introductory text to paragraph (r) of 

§ 135.23 cross-references an airplanespecific section of part 135 (§ 135.385). 

As a result, to minimize any confusion 

of whether all of § 135.23(r) applies to 

powered-lift, the FAA is revising 

§ 194.307(a) to state ‘‘Section 135.23(r)’’. 

The FAA therefore adopts § 194.307(a) 

as revised, but as a result of 

renumbering, it is now § 194.306(b). 

2. Subpart B: Flight Operations 

Subpart B prescribes requirements for 

flight operations under part 135. 

Section 135.93 details minimum 

altitudes for use of an autopilot. The 

altitude requirements of this section are 

in place to provide pilots with sufficient 

altitude for obstacle clearance, taking 

into consideration the reaction time 

needed to disengage the autopilot and 

apply a corrective action should an 

autopilot malfunction occur. 

In the NPRM, the FAA stated that the 

autopilot requirements in § 135.93(a)–(f) 

would apply to powered-lift because the 

section is generally applicable to 

aircraft. While § 135.93 is applicable to 

aircraft in general, § 135.93(g) excludes 

rotorcraft from having to comply with 

the minimum altitudes for use of an 

autopilot. However, the FAA chose in 

the NPRM to not apply the exception in 

§ 135.93(g) to powered-lift. 

In § 194.307(b), the FAA proposed to 

apply the requirements referencing the 

‘‘airplane’’ flight manual to poweredlift, as reflected in a powered-lift’s AFM. 

The FAA anticipated that powered-lift 

will conduct most of their autopilotcontrolled flight operations much like 

an airplane (in wing-borne flight mode), 

with the lift being primarily produced 

by the wings thereby enabling a 

powered-lift to travel at a greater 

forward velocity than a helicopter. 

The FAA received three comments on 

proposed § 194.307(b). The commenters 

argue that the requirement to use 

airplane regulations for this rule is 

prohibitive, short sighted, and is not in 

the public’s interest. Commenters 

recommended using ICAO direction, 

which utilizes the helicopter rules. 

AWPC asserted that restricting the use 

of an autopilot in their aircraft below 

500 feet AGL is prohibitive. The 

commenter suggested this is against 

public interest since their aircraft is 

capable of sustained hovering 

maneuvers and is expected to be used 

for Search and Rescue (SAR) operations 

at minimum use heights 30 feet above 

the surface. AWPC indicated that their 

aircraft will have specific autopilot 

modes—such as radar altimeter hold, 

transition down to a hover, barometric 

altimeter hold, and winchman trim 

mode—and contends the use of an 

autopilot should be based on aircraft 

capabilities. Therefore, AWPC argued 

that their aircraft should be allowed to 

engage the autopilot at a certified 

minimum use heights under the same 

regulations as permitted for helicopters 

in § 135.93(g). 

AUVSI asserted the FAA’s proposal 

falls short in regard to supporting 

autonomy, including advanced 

autopilots, by applying the airplane 

altitude requirements of § 135.93. The 

commenter also asserted the FAA is 

short sighted and safety-limiting by not 

considering a fully autonomous auto 

flight system. AUVSI contended the 

FAA is prohibiting a safety-enhancing 

system from being able to be used 

during some of the phases of flight most 

susceptible to pilot error accidents 

when autonomous takeoff and landing 

are being routinely demonstrated by 

eVTOL (and other) aircraft today. 

GAMA submitted a comment 

indicating it represents consensus 

recommendations from the following 

powered-lift member companies: AIR, 

Joby, Vertical Aerospace Group, Airbus 

Helicopters, AWPC, Volocopter, Archer, 


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Lilium, Wisk, BETA, Overair, Zipline, 

EVE Air Mobility, and Supernal. In this 

comment, they conducted a gap analysis 

with those regulations they identified 

and the ICAO guidance to determine 

whether helicopter or airplane rules 

should apply. In general, GAMA 

recommended that the FAA use the 

ICAO Document 10103 and apply rules 

for helicopters to powered-lift most of 

the time. They stated these 

recommendations were crafted by broad 

powered-lift industry consensus and 

supports their entry into service by 

2024. GAMA’s group comment 

requested that powered-lift be included 

in the rotorcraft exception of § 135.93(g), 

which means there would be no 

minimum altitudes for the use of an 

autopilot installed on powered-lift. 

The FAA has evaluated the comments 

and the information that AWPC 

provided in their comment regarding 

the capabilities that are built into their 

autopilot system and the type of 

operations where the autopilot use 

would be desirable. This prompted the 

FAA to reconsider the proposal from the 

NPRM to unilaterally apply the 

autopilot enroute requirements of 

§ 135.93(c) to all powered-lift. Due to 

the hybrid nature of powered-lift and 

the varying performance capabilities of 

these aircraft designs, the FAA 

determined unilaterally applying the 

rotorcraft exception of § 135.93(g) would 

not necessarily provide the safety 

parameters for enroute operations 

currently set forth in § 135.93(c) to all 

powered-lift designs. 

In response to the comments received, 

for those powered-lift manufacturers 

that have requested the FAA to evaluate 

the autopilot system and to 

subsequently have a published 

minimum engagement altitude for 

enroute operations in the AFM, the FAA 

is providing a performance-based 

alternative for those aircraft. This 

performance-based alternative would 

permit a powered-lift to conduct 

enroute operations with the autopilot 

engaged below 500 feet. For an autopilot 

system to have a minimum engagement 

altitude for enroute operations specified 

in the AFM, it must be shown during 

type certification that the powered-lift 

can be safely operated at the minimum 

engagement altitude. However, if no 

minimum engagement altitude is 

specified in the AFM, then a poweredlift could not use the autopilot in 

enroute operations below 500 feet or at 

an altitude that is no lower than twice 

the altitude loss specified in the AFM 

for an autopilot malfunction in cruise 

conditions, whichever is greater. 

The addition of the performancebased alternative will maintain the level 

of safety provided by the current rule 

since the autopilot system will be 

evaluated during the aircraft 

certification process. During the type 

certification of the powered-lift the 

authorizations and limitations of the 

aircraft autopilot system can be 

documented in the AFM. For those 

powered-lift that do not have a 

minimum engagement altitude specified 

in the AFM, safety will be maintained 

because the autopilot in the powered-lift 

may not be used enroute either below 

500 feet, or at an altitude that is twice 

the altitude loss specified in the AFM 

for an autopilot malfunction, whichever 

is higher, and this is consistent with the 

current requirements of § 135.93(c). 

GAMA recommended to follow the 

ICAO requirements, which would use 

the helicopter rule. The FAA disagrees 

with GAMA’s recommendation and 

believes that due to the hybrid nature of 

powered-lift and the varying 

performance capabilities of these 

aircraft designs, unilaterally applying 

the rotorcraft exception of § 135.93(g) 

would not necessarily provide the safety 

parameters currently set forth in 

§ 135.93(a)–(f) to all powered-lift 

designs, and they should be required to 

adhere to the autopilot limitations 

provided in their AFM. 

Therefore, the FAA has amended 

§ 194.307(b), which as a result of 

renumbering is now § 194.306(c), to 

provide powered-lift a performancebased alternative for enroute use of 

autopilots. The FAA is also retaining the 

provision in § 135.93(c)(3) which 

permits enroute use of the autopilot at 

an altitude specified by the 

Administrator. 

Section 135.100 details flightcrew 

member duties and activities in relation 

to critical phases of flight. Section 

135.100 defines ‘‘critical phases of 

flight’’ as including ‘‘all ground 

operations involving taxi, takeoff and 

landing, and all other flight operations 

conducted below 10,000 feet, except 

cruise flight.’’ A note appended to 

§ 135.100 states that ‘‘taxi’’ is defined as 

‘‘movement of an airplane under its own 

power on the surface of an airport.’’ The 

FAA adopted the § 135.100 note in 1981 

(Elimination of Duties final rule, 46 FR 

5500). As illustrated by the § 135.100 

note’s focus on airplanes, people often 

only associate the ground movement of 

airplanes with taxiing. However, there 

are comparable movements of aircraft 

under their own power, such as ground 

taxiing by wheeled helicopters. The 

narrowed focus of the § 135.100 note 

limits the restrictions in § 135.100 just 

to airplanes, even though helicopters 

and powered-lift may have the ability to 

move under their own power in a 

similar manner. To maintain an 

equivalent level of safety for all aircraft 

conducting operations at an airport, 

regardless of the category of aircraft and 

the kind of taxiing they do, all 

movement of any aircraft under its own 

power at an airport must be done free 

from distraction of non-safety related 

duties and activities. As such, the FAA 

proposed in the NPRM to amend the 

note as a permanent change in § 135.100 

by broadening the term to ‘‘aircraft’’ 

from ‘‘airplane,’’ and by applying 

references to ‘‘taxi’’ in § 135.100 to all 

categories of aircraft. This change would 

satisfy the intent of the rule by requiring 

a sterile cockpit environment for all 

aircraft during critical phases of flight, 

which improves safety by reducing 

distractions for all aircraft operations, 

including powered-lift. 

The FAA received one comment on 

§ 135.100 from an individual, who 

indicated that the proposed definition of 

‘‘taxi’’ under § 135.100 does not fully 

encompass the capabilities or current 

operating procedures for powered-lift. 

Specifically, the commenter noted that 

some powered-lift have the design 

capability to hover taxi, which the 

commenter noted was defined in the 

Pilot-Controller Glossary as ‘‘movement 

conducted above the surface and in 

ground effect at airspeeds less than 

approximately 20 knots.’’ The 

commenter recommended amending the 

note in § 135.100 to incorporate the 

Pilot-Controller Glossary definition of 

hover taxi to accommodate these types 

of powered-lift. 

The FAA agrees with the commenter 

that the note in § 135.100 does not fully 

encompass the capabilities or current 

operating procedures for powered-lift. 

To ensure the sterile cockpit 

requirements are being applied during 

all critical phases of flight, including 

various forms of taxiing, the FAA is 

adding both hover taxi and air taxi from 

the Pilot Controller Glossary to the 

existing note in § 135.100. This will 

ensure that flight crewmembers are not 

distracted when taxiing their aircraft, 

whether such taxiing is traditional 

ground taxiing, hover taxiing, or air 

taxiing. Therefore, the FAA is amending 

§ 135.100 as a permanent change to add 

paragraph (d), which includes both 

hover and air taxi under the definition 

of ‘‘taxi.’’ 

Section 135.117(a) requires each PIC 

of an aircraft carrying passengers to 

ensure that passengers have been orally 

briefed on certain specific items. In 

particular, § 135.117(a)(6) requires that, 

for flights involving extended overwater 

operations, passengers must be orally 

briefed on ditching procedures and the 

use of required flotation equipment. 


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398 ‘‘As applicable’’ means if the aircraft is 

carrying rafts or other life preserver devices 

onboard, passengers must be briefed on the location 

and use of these items. 

399Proving tests are necessary to evaluate each 

certificate holder’s ability to conduct operations 

safely and in accordance with the applicable 

regulations. 

With respect to helicopters, an extended 

overwater operation is defined in § 1.1 

as an operation over water at a 

horizontal distance of more than 50 

nautical miles from the nearest 

shoreline and more than 50 nautical 

miles from an off-shore heliport 

structure. Section 135.117(a)(6) applies 

to all aircraft, including powered-lift 

conducting extended overwater 

operations as defined in § 194.103. 

In addition, § 135.117(a)(9) requires 

that, before each takeoff, the PIC of a 

rotorcraft that involves flight beyond the 

autorotational distance from the 

shoreline must ensure that all 

passengers have been orally briefed on 

the use of life preservers, ditching 

procedures, and emergency exit from 

the rotorcraft in the event of a ditching. 

This briefing must include the location 

and use of life rafts and other life 

preserver devices as applicable.398 In 

the NPRM, the FAA proposed applying 

§ 135.117(a)(9) to powered-lift in 

§ 194.308(b). 

The FAA received one comment from 

GAMA, cosigned by other industry 

stakeholders on proposed § 194.308(b). 

Regarding § 135.117, GAMA 

recommended the FAA apply the ICAO 

guidance and use the paragraphs 

stipulated for airplanes for powered-lift, 

rather than the regulations for rotorcraft. 

The FAA disagrees with GAMA’s 

recommendation to only apply the 

airplane provisions of § 135.117 to 

powered-lift operations. Powered-lift 

may have the ability to glide, autorotate, 

or both. Not all powered-lift designs 

may be able to perform a glide and ditch 

similar to an airplane in an emergency. 

For those powered-lift that are unable to 

glide and can only conduct an 

autorotation in an emergency, it is 

critical to ensure that passengers receive 

the briefing required by § 135.117(a)(9). 

Failing to require the § 135.117(a)(9) 

briefing would expose passengers to 

unnecessary risk in the event of a water 

landing. 

Additionally, the FAA does not have 

the historical data on powered-lift 

designs to assert that the positive 

buoyancy characteristics and the 

potential to float for a longer period of 

time—characteristics of airplane 

designs—will exist in powered-lift. 

Therefore, the FAA will address 

powered-lift as helicopters for the 

purpose of overwater operations. 

In response to the comment received, 

the FAA did not make any changes to 

the proposed regulatory text. Therefore, 

the FAA adopts § 194.308(b) as final, 

but as a result of renumbering, it is now 

§ 194.306(d). 

Section 135.128 regulates the use of 

safety belts and child restraint systems, 

requiring that each person onboard an 

aircraft operated under part 135 occupy 

an approved seat or berth with a 

separate safety belt properly secured 

about him or her during movement on 

the surface, takeoff, and landing. For 

seaplane and float equipped rotorcraft 

operations during movement on the 

surface, § 135.128(a) makes clear that 

the person pushing off the seaplane or 

rotorcraft from the dock and the person 

mooring the seaplane or rotorcraft at the 

dock are excepted from the seating and 

safety belt requirements. This is because 

a pilot would be unable to moor or 

launch a seaplane or a float equipped 

rotorcraft unless a pilot or passenger has 

their safety belt or shoulder harness 

unfastened so that they can vacate their 

seat for the purpose of launching or 

mooring the seaplane or float equipped 

rotorcraft. 

In the NPRM, the FAA proposed in 

§ 194.307(c) to apply the exception 

delineated in § 135.128(a) to poweredlift pilots or passengers when the 

powered-lift is operating like a seaplane 

or a float equipped rotorcraft. The FAA 

received no comments on proposed 

§ 194.307(c). Therefore, the FAA adopts 

§ 194.307(c) as final, but as a result of 

renumbering, it is now § 194.306(e). 

3. Subpart C: Aircraft and Equipment 

Subpart C prescribes requirements for 

aircraft and associated equipment for 

operations under part 135. 

Section 135.145 sets out the 

parameters and the requirements for the 

Proving and Validation Tests that must 

be accomplished by a certificate 

holder.399 In the NPRM, the FAA 

proposed in § 194.307(d) that, if a 

certificate holder has not previously 

proven a powered-lift in operations 

under part 135, they would be required 

to conduct at least 25 hours of proving 

tests as detailed in § 135.145(b)(1) 

through (3). 

Section 135.145(d)(1) requires 

validation tests for the addition of an 

aircraft that requires two pilots for flight 

in VFR conditions, or turbojet airplanes. 

In the NPRM, the FAA proposed in 

§ 194.307(e) that validation testing 

required by § 135.145(d)(1) would apply 

to all powered-lift. Under the proposed 

§ 194.307(e), validation testing would be 

required when an operator requests 

authorization to use a powered-lift, 

unless a powered-lift of the same make 

or similar design has been previously 

proved or validated by that operator in 

operations under part 135. 

EASA supported the FAA’s intent ‘‘to 

ensure powered-lift operate to the 

highest level of safety in part 135,’’ as 

noted in the FAA’s rationale for 

proposed § 194.307 in Notice 23–8. 

EASA asked if the FAA intends to have 

increased safety requirements similar to 

part 121 operations. 

In the SFAR, the FAA intends for 

powered-lift to comply with the level of 

safety provided in part 135. To require 

powered-lift to comply with a higher 

regulatory requirement than already 

stipulated in part 135 would place an 

undue burden on powered-lift operators 

with no basis to support higher 

regulatory requirements, such as those 

found in part 121. 

In response to the comments received, 

the FAA did not make any changes to 

the proposed regulatory text. Therefore, 

the FAA adopts § 194.307(d) and (e) as 

final, but as a result of renumbering, 

they are now § 194.306(f) and (g), 

respectively. 

Section 135.150 requires a public 

address and crewmember interphone 

systems for aircraft that have a 

passenger seating configuration of more 

than 19, excluding any pilot seat. 

Section 135.150 works in conjunction 

with § 25.1423, which requires any 

public address (PA) system that is 

required for use in air carrier service to 

be powered by a source that remains 

powered when the aircraft is in flight or 

stopped on the ground, after the 

shutdown or failure of all engines and 

auxiliary power units, or the 

disconnection or failure of all power 

sources dependent on their continued 

operation. 

The FAA proposed in § 194.307(f) 

that, for large powered-lift, the public 

address system required by 

§ 135.150(a)(7) must comply with 

§ 25.1423 or such airworthiness criteria 

as the FAA may find provides an 

equivalent level of safety in accordance 

with § 21.17(b). Additionally, the FAA 

proposed in § 194.307(g) that for large 

powered-lift that have more than 19 

passenger seats, regardless of the type of 

powerplant, the crewmember 

interphone system must comply with 

the requirements of § 135.150(b)(7) or 

such airworthiness criteria as the FAA 

may find provide an equivalent level of 

safety in accordance with § 21.17(b). 

The FAA received no comments on 

proposed § 194.307(f) and (g). Therefore, 

the FAA adopts § 194.307(f) and (g) as 

final, but as a result of renumbering, 


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they are now § 194.306(h) and (i), 

respectively. 

Section 135.151 requires cockpit 

voice recorders (CVRs) on certain 

turbine-powered airplanes and 

rotorcraft. CVRs enhance safety and are 

required in turbine-powered airplanes 

and rotorcraft carrying a certain 

passenger count as a necessary hazard 

analysis tool used during an accident 

investigation. In the NPRM, the FAA 

proposed in § 194.307(h) through (m) to 

require CVRs for powered-lift with the 

same seating configurations and pilot 

requirements that are in § 135.151. In 

§ 194.307(h), the FAA proposed that 

powered-lift which have a passenger 

seating configuration of six or more and 

for which two pilots are required by 

certification or operating rules, or that 

have a passenger seating configuration 

of 20 or more seats will be required to 

comply with § 135.151(a) or (b), 

regardless of the type of powerplant. In 

§ 194.307(k), the FAA proposed 

applying § 135.151(g)(1) to powered-lift 

with a passenger seating configuration 

of six or more seats, for which two 

pilots are required by certification or 

operating rules, and that are required by 

§ 135.152 to have a flight data recorder. 

In § 194.307(l), the FAA proposed 

applying § 135.151(g)(2) to powered-lift 

with a passenger seating configuration 

of twenty or more seats and which are 

required by § 135.152 to have a flight 

data recorder. The FAA also proposed 

in § 194.307(j) and (m) that, although 

§ 135.151(d) and (h) reference airplanes 

or rotorcraft, these paragraphs will also 

apply to powered-lift to ensure that 

uninterrupted audio signals are 

recorded and that all datalink messages 

are recorded when required. The FAA 

will include CVR airworthiness 

requirements during type certification 

based on an applicant’s proposed 

operational needs. Operators must 

ensure that the CVR for each poweredlift be installed and equipped in 

accordance with the certification 

provisions listed in the applicable 

paragraph of § 135.151 or such 

airworthiness criteria as the FAA may 

find provide an equivalent level of 

safety in accordance with § 21.17(b). 

The FAA received two comments on 

when a powered-lift would be required 

to be equipped with a CVR. ALPA 

provided a comment arguing that 

limiting the requirement to equip 

powered-lift with CVRs, FDRs, or TAWS 

(see section VI.B.7. of this final rule) 

based on seating configuration would 

exclude the first generation of poweredlift from the safety benefits of this 

equipment. ALPA disagreed with the 

FAA’s rationale, arguing that the FAA 

has based its rationale on traditional 

aircraft and flight operations. They 

asserted these emerging novel entrants 

into the NAS pose a new challenge to 

the safety matrix of commercial 

aviation, and therefore the existing 

practices of aircraft weight, size, and 

seating capacity for required safety 

equipment is unjustified. ALPA 

recommended all powered-lift 

(regardless of seating capacity) should 

be equipped with a CVR. EASA 

commented about the requirement to 

equip powered-lift with CVRs and 

FDRs. EASA argued that it is crucial to 

consider the important role this 

equipment provides in incident and 

accident investigations, emphasizing its 

importance for those eVTOLs with 

lower passenger capacity who are 

engaging in commercial passenger 

transportation in congested areas. EASA 

asked the FAA to take into 

consideration that the majority of the 

current designs of eVTOL will not be 

required to equip their aircraft with a 

CVR due to seating capacity. They 

requested that the FAA clarify if 

alternatives are going to be considered 

to compensate for the lack of such 

recording capability in the AAM group. 

The FAA agrees that CVRs provide 

valuable information during accident 

investigations. However, the FAA does 

not agree that it is necessary for all 

powered-lift, regardless of seating 

capacity, be equipped with a CVR. The 

FAA reduced the minimum seat 

requirement in § 135.151(a) and (g)(1) 

from 10 passenger seats to 6 passenger 

seats in 1987 because of the large 

number of small airplanes that operate 

with seating configurations of six to 

nine passenger seats and that are 

required by certification or part 135 

operating rules to have two pilots. In 

1988, the FAA required rotorcraft with 

the same passenger seat configurations 

and operational requirements as 

airplanes to be equipped with a CVR. 

For the same reasons that the FAA 

imposed the CVR requirements for 

airplanes and rotorcraft with certain 

seating capacities, the FAA will require 

CVRs for powered-lift with those same 

seating configurations and pilot 

requirements, regardless of the types of 

powerplant. The FAA has determined 

that requiring equipment such as CVR 

for all powered-lift regardless of the 

seating capacity is not warranted at this 

time because the FAA does not have the 

data to support requiring CVRs to be 

installed on powered-lift with less than 

six passenger seats. Additionally, 

requiring a CVR on powered-lift with 

less than six passenger seats increases 

the associated costs and requires a 

higher standard than what is currently 

in place for other aircraft of similar 

passenger seating capacity. 

Therefore, the FAA adopts § 194.307 

(h), (i), (j), (k), (l) and (m) as final, but 

as a result of renumbering, they are now 

§ 194.306(j), (k), (l), (m), (n) and (o). 

Section 135.152 specifies when a 

flight data recorder (FDR) is required to 

be installed on an aircraft, parameters to 

be recorded, and installation 

requirements. The FAA proposed in 

§ 194.307(n) to apply § 135.152(c), (d), 

(f), and (j) to powered-lift with a 

passenger seating configuration, 

excluding crewmember seats, of 10 to 

30. The FAA proposed in § 194.307(o) to 

apply § 135.152(a) to powered-lift with 

a passenger seating configuration of 10 

to 19 seats. Additionally, the FAA 

proposed in § 194.307(p) that 

§ 135.152(b) and (b)(3) apply to 

powered-lift with a passenger seating 

configuration of 20 to 30 seats, 

regardless of the type of powerplant. 

The FAA received three comments on 

when a powered-lift would be required 

to be equipped with a FDR, and one 

comment on the FDR recording 

parameters. 

ALPA expressed general support for 

the FAA’s analysis of part 135 

regulations and identification of 

helicopter rules that are appropriate for 

powered-lift. However, ALPA pointed 

out several proposed rules under 

§ 194.307 that would only apply to 

powered-lift with certain minimum 

seating capacities. ALPA said that, 

because powered-lift generally have less 

than six seats, many powered-lift would 

be excluded from the safety benefits 

provided by these rules. ALPA therefore 

recommended that these rules apply to 

all powered-lift, regardless of seating 

capacity, for enhanced safety. 

Similarly, EASA stated in their 

comment that most current eVTOL do 

not meet the minimum passenger 

seating configurations and therefore 

would not be affected by the proposals 

requiring either a CVR or FDR under 

§ 194.307. Without these CVR and FDR 

provisions, EASA noted that there will 

be a lack of data. EASA advocated for 

applying § 194.307 to all powered-lift, 

regardless of seating capacity. 

Additionally, GAMA noted that the 

ICAO Document 10103 framework 

would result in powered-lift of certain 

weight to be required to install FDRs, 

rather than basing it on seating capacity. 

GAMA stated that this would enable 

operators to collect and share data about 

the suitability of rotorcraft rules. GAMA 

further recommends that the FAA apply 

ICAO guidance and replace the term 

‘‘helicopter’’ or ‘‘rotorcraft’’ with 

‘‘powered-lift,’’ as written in ICAO 

Annex 6, Part 3, Section 2, Chapter 4, 


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400See Cockpit Voice Recorders (CVR) and Flight 

Recorders, final rule, 53 FR 26134, 26137 (Jul. 11, 

1988). 

401 Id. 

402See Section XIII (‘‘Definitions’’) for more 

information on how the FAA defines these flight 

modes in the final rule. 

4.3.1.1. This would add a weight 

requirement of 4,960 pounds to trigger 

the installation of an FDR, instead of a 

10-passenger seat capacity trigger. 

The FAA considered the comments 

requesting the FAA to require all 

powered-lift to be equipped with an 

FDR, regardless of the passenger seating 

capacity, as well as an aircraft weight in 

lieu of a passenger seat capacity 

threshold. When the FDR rule was first 

promulgated in 1988, it was based on 

NTSB safety recommendations. In 

response to a number of significant 

events and the substantial growth in 

commuter air transportation, the FAA 

required FDRs for all multiengine 

turbine-powered airplanes and 

rotorcraft operated under part 135 

having a passenger seating configuration 

of 10–19 seats. In the FDR final rule, the 

FAA acknowledged that the FDR 

requirements for larger aircraft operating 

under part 135 are more stringent than 

those for smaller aircraft because the 

small aircraft are required to be 

equipped with cockpit voice 

recorders.400 The FAA determined the 

cost of installing cockpit voice recorders 

is substantially less than that of flight 

data recorders and therefore would not 

be a significant burden on small 

operators.401 The FAA acknowledges 

that FDR data is beneficial for accident 

investigations. However, the FAA 

continues to believe that the benefits of 

requiring an FDR would not be justified 

in aircraft with less than 10 passenger 

seats because the FAA does not yet have 

the data to support requiring FDRs to be 

installed on powered-lift with less than 

ten passenger seats. Without the data to 

support requiring an FDR on poweredlift with less than ten passenger seats, 

the associated costs and mandating a 

higher standard than what is currently 

in place for other categories of aircraft 

of similar passenger seating capacity is 

not justified. As such, the FAA will not 

adopt ALPA and EASA’s 

recommendation to require FDRs for all 

powered-lift, regardless of seating 

capacity. 

Additionally, the FAA will not adopt 

GAMA’s suggestions to base the FDR 

requirement on aircraft weight rather 

than seating capacity. Basing the FDR 

requirement on seating capacity for 

powered-lift is consistent with how the 

FAA has historically determined 

whether FDR is required. Therefore, the 

FAA will continue basing the 

determination of whether FDR is 

required on seating capacity, not aircraft 

weight. 

An individual commenter said the 

proposed FDR tables for part 135 only 

address vertical-lift and wing-borne 

flight modes. The commenter said the 

rule should address powered-lift 

transition (VTOL-airplane), and 

conversion (airplane-VTOL) modes of 

flight under all applicable and relevant 

sections. 

In response to the individual 

commenter regarding the proposed FDR 

Tables, the FAA responds that not all 

powered-lift designs will have transition 

and conversion modes like a tilt-rotor as 

referenced by the commenter. The 

NPRM discussed the two flight modes 

that the operational rules refer to, these 

are wing-borne and vertical-lift flight 

modes.402 Wing-borne flight mode is 

when a powered-lift is operating more 

like a traditional airplane, which uses a 

wing to generate lift and depends 

exclusively or partially on nonrotating 

airfoil(s) for lift during takeoff, landing, 

or horizontal flight. Vertical-lift flight 

mode refers to a powered-lift that is 

operating like traditional rotorcraft, 

which is in a configuration that allows 

vertical takeoff, vertical landing, and 

low speed flight; and depends 

principally on engine-driven lift devices 

or engine thrust for lift. The FAA 

recognizes powered-lift will have the 

ability to transition in and out of the 

vertical-lift flight mode. In the NPRM, 

the FAA proposed requiring the FDR to 

record all data during the manipulation 

of all primary flight controls for all axes, 

which includes recording the full range 

during any transitions in and out of the 

vertical-lift flight mode. These 

parameters were included in Table 1 to 

§ 194.312 and Table 1 to § 194.314 in 

the proposed SFAR. Therefore, the FDR 

would record all parameters, including 

when a powered-lift is transitioning in 

and out of the vertical-lift flight mode. 

In response to the comments received, 

the FAA did not make any changes to 

the proposed regulatory text, and adopts 

as final § 194.307(n), (o), and (p), which 

as a result of renumbering is now 

§ 194.306(p), (q), and (r), as well as 

Table 1 to § 194.314 and Table 1 to 

§ 194.315, which as a result of 

renumbering are now Table 1 to 

§ 194.312 and Table 1 to § 194.313, 

respectively. 

While considering the FDR 

requirements of § 135.152, the FAA 

became aware of the need for a technical 

correction in § 135.152(j), which crossreferences the operational parameters 

that must be recorded for turbine-engine 

powered airplanes with a seating 

configuration of 10 to 30 passenger 

seats. The FAA proposed to correct the 

cross-reference in § 135.152(j) to refer to 

§ 135.152(h)(1) through (h)(88). 

The technical correction for paragraph 

(j) will be adopted as final to § 135.152. 

Section 135.154 requires turbinepowered airplanes to be equipped with 

TAWS. To ensure that powered-lift 

engaged in air carrier operations will be 

operated at the highest possible degree 

of safety, as required by 49 U.S.C. 

44701(d)(1)(A), the FAA proposed in 

§ 194.307(q) that powered-lift having a 

passenger seating configuration, 

excluding any pilot seat, of 6 or more be 

equipped with a HTAWS that meets the 

requirements in Technical Standard 

Order (TSO) C194 and Section 2 of 

RTCA DO–309, as prescribed for 

helicopters and contained in § 135.605, 

unless equipped with a FAA approved 

TAWS A/HTAWS hybrid system. 

In addition, the FAA proposed in 

§ 194.307(q) that § 135.154(c) apply to 

powered-lift as they will be required to 

have an AFM that contains the 

appropriate procedures on the use of 

this equipment and the proper flight 

crew reactions in response to the 

activation of a terrain awareness system. 

This ensures powered-lift equipped 

with HTAWS or an FAA-approved 

TAWS A/HTAWS hybrid system are 

operated at a level of safety that a terrain 

awareness system currently provides for 

airplanes. 

The FAA received two comments, one 

from ALPA and one from EASA, on 

when a powered-lift would be required 

to be equipped with a TAWS or 

HTAWS. 

ALPA recommended that TAWS or 

HTAWS as applicable should be 

required for all powered-lift regardless 

of seating capacity. ALPA stated that, if 

HTAWS is required for helicopter 

operations, it should also be required for 

similar powered-lift operations 

regardless of the seating capacity. ALPA 

argued that this would ensure the 

highest level of safety in this novel 

aircraft type, and operations. 

The FAA has determined that without 

a TAWS A/HTAWS hybrid system, and 

until a TAWS specification is developed 

specifically for powered-lift, the current 

HTAWS specification, which requires a 

terrain display unit, would provide the 

best level of safety without an undue 

number of nuisance alerts. To ensure 

that powered-lift engaged in air carrier 

operations will be operated at the 

highest possible degree of safety, as 

required by 49 U.S.C. 44701(d)(1)(A), 

the FAA will require any powered-lift 

having a passenger seating 


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403See Terrain Awareness and Warning System, 

final rule, 65 FR 16736 (Mar. 29, 2000). 

404Transport Category Airplanes—Pitot Heat 

Indication Systems, final rule, 46 FR 43804 (Aug. 

31, 1981). 

configuration, excluding any pilot seat, 

of 6 or more be equipped with a 

HTAWS that meets the requirements in 

Technical Standard Order (TSO) C194 

and Section 2 of RTCA DO–309, as 

prescribed for helicopters and contained 

in § 135.605, unless equipped with a 

FAA approved TAWS A/HTAWS 

hybrid system. 

The FAA does not believe there is any 

justification to require a terrain 

awareness system for all powered-lift 

and will retain the threshold of a 

passenger seating capacity of 6 or more 

for those powered-lift conducting 

operations other than air ambulance 

operations. Powered-lift conducting air 

ambulance operations, regardless of 

passenger seat configuration, will be 

required to be equipped with an 

HTAWS or a FAA-approved TAWS–A/ 

HTAWS hybrid system. This will align 

the powered-lift requirements with 

those currently required for helicopters 

and airplanes. Therefore, the FAA has 

determined requiring any terrain 

warning system for all powered-lift, 

regardless of the seating capacity, is not 

warranted at this time. Additionally, the 

FAA has no data to support ALPA’s 

request to require terrain warning 

systems on all powered-lift. The FAA 

has determined the justification of 

complexity, size, speed, and flight 

performance characteristics mentioned 

in the final rule of March 29, 2000, 

including passenger seating capacity, is 

still valid today and will be applied 

uniformly to powered-lift.403

In their comment, EASA asked 

whether the FAA considered standards 

for the implementation of congested 

area databases for the HTAWS 

requirements. 

In response to EASA’s comment 

regarding the implementation of 

congested area databases for the 

HTAWS requirements, the obstacle and 

terrain databases include data for 

congested areas, and this subject is 

covered in TSO–C194 and Section 2 of 

RTCA DO–309, which are incorporated 

by reference under § 194.306(s) and 

(ooo). 

In response to the comments received, 

the FAA did not make any changes to 

the proposed regulatory text and adopts 

§ 194.307(q) as final, but as a result of 

renumbering it is now § 194.306(s). 

Section 135.158 requires transport 

category airplanes equipped with a 

flight instrument pitot heating system to 

also be equipped with an operable pitot 

heat indication system that complies 

with § 25.1326.404 The FAA anticipates 

that powered-lift will incorporate 

technological advances in aircraft 

display, will require highly augmented 

advanced flight control systems, and 

will be capable of operations in 

conditions conducive to icing. 

Accordingly, in the NPRM, the FAA 

proposed in § 194.307(r) that § 135.158 

apply to all powered-lift that have a 

required pitot heating system installed. 

Section 194.307(r) cites the § 135.158 

rule and invokes § 25.1326, which 

mandates a prescriptive means (‘‘amber 

light’’) to indicate pitot heat failures. 

The FAA received one comment on 

the proposed § 194.307(r) from BETA. 

BETA agreed that it is necessary for 

highly augmented, advanced flight 

control systems to include indication of 

pitot heat failures. BETA also agreed 

that the safety intent of the rule makes 

sense to apply to powered-lift. However, 

BETA argued that it does not make 

sense to apply the prescriptive means of 

indication used by part 25 transport 

category aircraft to powered-lift. BETA 

stated that many modern aircraft present 

pilot alerts through means other than 

colored flight deck lights, such as Crew 

Alerting System (CAS) alerts. BETA 

noted that, in March 2022, the FAA 

accepted ASTM F3120/F3120M–20 as 

an accepted means of compliance for 

§ 23.2605, which covers crew alerting. 

Section 8.2.1 of ASTM F3120/F3120M– 

20 provides that the alert must conform 

to a ‘‘Caution’’ alert that is in clear view 

of a flightcrew member. This means of 

compliance allows the applicant to 

maintain a consistent flight deck 

indication philosophy, which is 

preferable from a safety and human 

factors perspective. BETA understood 

the FAA’s safety intent is to require a 

crew alert that conforms to a 

prioritization hierarchy based on the 

urgency of flightcrew awareness and 

response if the pitot heat fails. BETA 

asserted this can be accomplished 

without the prescriptive aspects of 

§ 25.1326(a), which may be inconsistent 

with the crew alerting philosophy or 

flight deck design of a specific poweredlift. 

BETA recommended the FAA revise 

the SFAR to adopt § 135.158 with 

modifications to change ‘‘amber light’’ 

in the referenced § 25.1326(a) to 

‘‘Caution alert’’ to allow for the pitot 

heat indication as appropriate for 

powered-lift. 

The FAA agrees with BETA that the 

alert should not only be limited to an 

amber light and that there should be 

another FAA-approved method of crew 

notification, such as a caution alert. 

Technological advances in aircraft crew 

alerting systems, including electronic 

cockpit displays, can provide equal or 

better notification to the flightcrew of 

improper operation or failure of 

systems. These highly automated 

systems will provide an equal or better 

indication to the flightcrew as would be 

provided by an amber light. The FAA is 

therefore amending the proposed 

regulatory text for § 194.307(r) to allow 

for the indication in powered-lift to be 

something other than an amber light 

when a pitot system is not operating. 

Therefore, the FAA has amended the 

SFAR to allow compliance with the 

criteria established under § 23.2605, 

§ 25.1326, or equivalent airworthiness 

criteria established during certification 

under § 21.17(b). The requirement will 

be that the alert is in clear view of a 

flightcrew member. The FAA adopts the 

amended regulatory text in § 194.307(r) 

as final, but as a result of renumbering 

it is now § 194.306(t). 

Section 135.159 stipulates the 

equipment requirements for when an 

aircraft is carrying passengers under 

VFR at night or under VFR over-the-top 

conditions. 

When powered-lift are operated in 

wing-borne flight mode, they operate 

much like a traditional airplane in 

cruise flight. As such, the FAA 

proposed in § 194.307(s) that the 

exception in § 135.159(a)(1), which 

allows for an aircraft to be equipped 

with a third attitude indicator in lieu of 

a gyroscopic rate-of-turn indicator, 

should apply to powered-lift with a 

third attitude indicator. Section 

135.159(a)(1) provides a separate 

standard for the third attitude indicator 

for airplanes as compared to helicopters. 

Under § 194.307(s), operators seeking to 

use the exception in § 135.159(a)(1) 

must ensure that the powered-lift is 

equipped with an attitude indicator 

capable of displaying the pitch and roll 

specifications of flight attitudes of 360 

degrees of pitch-and-roll. 

The FAA received two comments on 

proposed § 194.307(s), one from Joby 

and one from GAMA. 

Joby indicated the FAA’s proposal is 

overly prescriptive and inappropriate 

for powered-lift. Joby argued that their 

own systems inherently understand 

attitude and rates. Joby further stated 

that, if their attitude control system 

were to improperly estimate this data, 

the pilot cannot take control of the 

aircraft, even if the pilot correctly 

understands the attitude, because all 

pilot commands would be interpreted 

via a malfunctioning flight computer. 

Joby argued that such fly by wire 


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405A–02–35 NTSB recommendation to 

incorporate radio altimeters for passenger carrying 

operations. 

systems will be designed to the 

appropriate development assurance 

level (DAL) to control the aircraft under 

all conditions and will generally 

include redundant sensing with voting 

and exclusion of failed or misleading 

sensors. 

Joby asserted that, in these full-time 

fly-by-wire aircraft, there is no safety 

benefit from independent sensing of 

attitude or other primary flight 

indications. Joby stated that it is 

sufficient for their system to display the 

output of its own attitude estimation 

since their system will be designed with 

the availability and redundancy needed 

to control the aircraft in all conditions. 

Joby also stated that, given the level of 

flight augmentation in their fly-by-wire 

system, the pilot will not perform 

attitude management or other stability 

tasks, instead being primarily focused 

on navigating the aircraft. Joby stated 

this is the case even in IMC conditions. 

Joby also argued that requiring a specific 

number of sensors, displays, or type of 

sensing is inappropriate and should 

instead be performance-based. Joby 

stated that each proposed design should 

be evaluated against the criticality of 

attitude information to the pilot and the 

hazard presented by loss of information, 

as well as the integrity of the source of 

information. Joby further asserted that, 

for powered-lift, there may not be a 

need to have multiple attitude sources 

displayed to the pilot simultaneously. 

Joby stated that, in their aircraft, the 

pilot does not have the task of 

comparing multiple data sets and 

deciding which are not correct, and thus 

there should not be a prescriptive 

requirement to show multiple displays 

of attitude or turn rate to the pilot. 

Joby also asserted that the highly 

augmented systems installed on 

powered-lift are often envelope-limited 

and will therefore prevent the aircraft 

from exiting a narrow set of pitch and 

roll angles. As such, Joby argued that no 

pilot input can cause an exceedance, 

which is inherently a loss of control 

event, as it represents a failure of the 

fundamental control laws. With indirect 

controls, the pilot would not be able to 

recover an aircraft beyond programmed 

pitch or roll limits, as the flight control 

system itself is already outside of 

approved functionality. 

According to Joby, requiring sensing 

that works through 360 degrees is also 

inappropriate. They asserted that this 

would require implementation and 

demonstration of a device which cannot 

be exercised by a properly functioning 

flight control system and may require 

applicants to design attitude sensing 

beyond aircraft performance only to 

meet this rule. 

In their comment, GAMA provided 

the recommendation to use the ICAO 

guidance provided for helicopters for 

this rule. 

The FAA disagrees with both of the 

commenters. According to § 91.3, the 

pilot in command of an aircraft is 

directly responsible for, and is the final 

authority as to, the operation of that 

aircraft. This cannot be delegated away 

from the pilot in command, regardless 

of the flight control or avionics package 

installed in the aircraft. Section 135.159 

requires the aircraft to be equipped with 

certain instrumentation when carrying 

passengers under VFR at night or under 

VFR over-the-top conditions. Pilots 

engaging in VFR night operations may 

often unexpectedly encounter 

unpredicted adverse weather conditions 

which necessitate the use of instruments 

to safely pilot the aircraft out of the area. 

Additionally, during flights on dark 

nights over areas in which few, if any, 

ground reference lights are available, 

control of the aircraft is, to a great 

extent, dependent upon reference to 

instruments. Instrument flight may also 

become necessary in over-the-top 

operations due to such things as 

mechanical emergencies and weather 

conditions. The rate-of-turn indicator 

and the pitch and bank indicator 

ensures a single point of failure will not 

leave a pilot with no bank indication, 

enabling a pilot in command to 

maintain the safety of the flight and 

fulfill his responsibility for that flight. 

The FAA asserts the equipment 

requirements of § 135.159 are essential, 

and since powered-lift in wing-borne 

flight mode operate similar to an 

airplane, the powered-lift needs to be 

equipped with a gyroscopic rate-of-turn 

indicator, except a third attitude 

indicator capable of displaying the pitch 

and roll specifications for airplanes may 

be used in place of the required 

gyroscopic rate-of-turn indicator. 

Additionally, there is no requirement 

to use the exception provided in 

§ 135.159(a)(1). Operators could choose 

to comply with § 135.159(a) and install 

a gyroscopic rate of turn indicator. 

Section 194.307(s) simply gives 

powered-lift operators the option to use 

a third attitude instrument system 

instead of a gyroscopic rate of turn 

indicator, as allowed for airplanes in 

§ 135.159(a)(1). 

Therefore, the FAA adopts 

§ 194.307(s) as final, but as a result of 

renumbering it is now § 194.306(u). 

Section 135.160 requires radio 

altimeters for all rotorcraft operations 

conducted under part 135. The FAA 

proposed in § 194.308(c) to require 

persons operating powered-lift to 

comply with the radio altimeter 

requirements of § 135.160(a).405

Consistent with rotorcraft that must 

comply with § 135.160(a), the FAA also 

proposed to allow persons operating 

powered-lift with a maximum takeoff 

weight no greater than 2,950 pounds to 

have the ability to apply for a deviation 

from the radio altimeter requirements in 

accordance with § 135.160(b). 

The FAA received two comments 

with one being partially in favor of the 

FAA’s proposal. 

Joby indicated that the FAA’s 

proposed rationale for requiring a radio 

altimeter is overly broad and does not 

address specifics for electric poweredlift or their intended types of operations, 

namely urban air taxi, air tours, or short, 

regional flight operations. Joby argued 

that a radio altimeter may not be 

necessary or even beneficial to safety for 

those types of operations. Joby asserted 

that powered-lift with advanced flight 

control systems do not exhibit the same 

safety concerns from inadvertent IMC 

encounters as traditional part 135 

helicopters. Joby further stated that the 

use of radio altimeters in urban settings 

does not provide the same assumed 

benefits and may decrease operational 

safety. 

Joby urged the FAA to consider 

revising the radio altimeter 

requirements for powered-lift to address 

the types of operations where radio 

altimeters would be most beneficial, and 

to carefully consider specific aircraft 

design characteristics, equipage, or 

functionality when determining ‘‘unless 

otherwise authorized in the certificate 

holder’s approved minimum equipment 

list’’ under § 135.160(a). They also 

suggested revising § 135.160(b) to allow 

deviations based on the type of 

operations and specific aircraft design 

characteristics, equipage, and 

functionality. 

According to Joby, electric poweredlift are not intended to be operated in 

the type of missions or environments 

that lead to the type of accidents that 

motivated the adoption of § 135.160. 

Joby stated that helicopters flying under 

part 135 are traditionally used for a 

wide variety of missions, while electric 

powered-lift are intended to be operated 

in a very narrow range of missions with 

ranges typically under 100 NM. Joby 

argued that the value of a radio altimeter 

for additional situational awareness and 

safety margin due to unknowns from 

off-airport operations and unimproved 

landing zones will inherently be much 

lower for electric powered-lift than for 

traditional helicopters. 


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

Joby asserted that the risk of losing 

visual acuity due to flat light, whiteout, 

or brownout is much more likely to 

occur during off airport operations or 

flight over rural or mountainous terrain. 

Joby stated the environments for urban 

air taxi, urban air tour, and short 

regional flights in metropolitan areas are 

different. These operations will be 

conducted in well developed areas 

where there are more buildings, roads, 

lights, surrounding structures, and 

prepared surfaces which provide good 

visual cues and allow pilots to maintain 

good depth of field and contrast in their 

vision. Therefore, according to Joby, the 

risk of exposure to flat light, whiteout, 

and brownout conditions will be 

significantly diminished. Joby also 

mentioned that some electric poweredlift being developed may be prohibited 

from operating in falling or blowing 

snow and takeoff and landing from 

snow covered surfaces. 

Joby stated that ‘‘many powered-lift 

currently in development are using 

advanced flight control systems with 

advanced means of flight stabilization, 

flight augmentation, and envelope 

protection—such as flight path hold, 

altitude hold, airspeed hold, hover hold, 

level flight mode, ROC/ROD protection, 

and similar functionality.’’ According to 

Joby, these aircraft exhibit much lower 

pilot workload for aviating and 

navigating tasks than traditional 

helicopters and allow for much safer 

flight in situations with reduced 

visibility. Joby stated that these aircraft 

use modern flight deck avionics systems 

that have significantly improved 

situational awareness compared to 

traditional rotorcraft. Therefore, Joby 

argued that the pilots of these poweredlift will have a much higher level of 

situational awareness in general than 

pilots of traditional VFR helicopters. 

Joby asserted that this situational 

awareness is more effective than radio 

altimeters in most phases of flight 

because radio altimeters cannot look 

forward of the aircraft, while 

technologies such as HTAWS can. 

Joby stated that, during a loss of 

visual reference due to flat light, 

whiteout, brownout, or any other 

inadvertent IMC encounter, powered-lift 

will behave significantly differently 

from traditional rotorcraft that depend 

on the pilot to maintain stability and 

control and ascertain the flight path 

relative to the ground or obstacles. 

According to Joby, powered-lift flight 

control systems are intentionally 

designed to revert to safe and stable 

flight when the pilot lets go of the 

controls. Therefore, Joby stated the 

assumed safety benefit of a radio 

altimeter for loss of visual reference due 

to flat light, whiteout, brownout, or 

other, inadvertent IMC encounter is 

significantly reduced and may be 

negligible. 

Joby argued that the proposed 

requirement is problematic due to the 

current radio altimeter TSO 

performance requirements. Joby 

suggested allowing for alternative, lower 

power, lower performance radio 

altimeters or for performance-based 

functionality, which may be non-TSO 

equipment or functionality approved 

under the Type Design. Joby argues that 

increased flexibility, to meet the ‘‘FAAApproved radio altimeter’’ requirement 

would allow the industry to develop 

solutions better suited to improve safety 

in urban environments. For these 

reasons, Joby contended that a universal 

requirement for all powered-lift to be 

equipped with a radio altimeter for part 

135 operations is misplaced and would 

negatively impact electric powered-lift 

conducting air taxi flight operations. 

The FAA disagrees with Joby and has 

determined that radio altimeters are an 

important safety device designed to 

inform the pilot of the aircraft’s actual 

height above the surface. The FAA also 

believes that radio altimeter 

requirements should not be limited to 

only IMC flights, as radio altimeters 

provide additional situational 

awareness during inadvertent 

encounters with IMC as well as 

additional situational awareness after 

encounters with brownout, whiteout, or 

other situations where vision is 

suddenly limited and pilots lose their 

reference to the horizon and the ground. 

Powered-lift, like rotorcraft, can conduct 

vertical-lift flight mode take-offs and 

landings, so they could be susceptible to 

these same hazards that are applicable 

to rotorcraft. 

Furthermore, the regulation takes into 

consideration the various designs of 

powered-lift and the different types of 

operations/missions that may be 

conducted with those aircraft, not just a 

segment of the operations that could be 

conducted with a powered-lift as 

requested by the commenter. 

Additionally, the FAA believes that 

electric powered-lift transporting 

passengers, including those operations 

conducted in concentrated urban 

environments, could encounter some of 

the hazards cited above and would 

benefit from the information that a radio 

altimeter provides to the pilot. As such, 

the FAA intends to apply the radio 

altimeter rule broadly, so that the safety 

enhancements provided by the radio 

altimeter will be available to all 

powered-lift regardless of the types of 

operations they perform. 

The FAA disagrees with Joby’s 

recommendation to expand the 

deviation authority contained in 

§ 135.160(b). When the FAA published 

the final rule requiring radio altimeters, 

it recognized there was a limited 

number of older helicopters used in part 

135 operations that may not have 

adequate room on the flightdeck to 

install a radio altimeter.406 Therefore, 

the FAA included the ability for a 

certificate holder to obtain a deviation 

from this rule for circumstances when a 

radio altimeter cannot physically be 

located on the flightdeck. The FAA also 

noted that an HTAWS or other device 

such as a multi-function display that 

incorporates a radio altimeter would be 

permitted under this rule and that 

deviation authority may not be 

warranted for helicopters in which a 

radio altimeter can be incorporated into 

the flightdeck’s existing configuration. 

The FAA believes there is no 

justification to expand the deviation for 

powered-lift beyond the original limit of 

no greater than 2,950 pounds. This 

would ensure that powered-lift and 

helicopters will use the same criteria for 

authorization of a deviation as 

explained in the Helicopter Air 

Ambulance, Commercial Helicopter, 

and Part 91 Helicopter Operations final 

rule of 2014. 

In response to Joby’s request for a 

discussion about the relief provided for 

radio altimeters in a certificate holder’s 

MEL, the FAA notes that powered-Lift 

MMELs will be treated no differently 

than any other aircraft with regard to 

MMELs. Proposed MMEL relief is 

normally submitted to the FAA by 

manufacturers or operators. The entity 

that requests the relief is responsible for 

submitting an evaluation plan that 

considers all phases of flight operation 

and that demonstrates that flight 

operations with the inoperative item 

will have an equivalent level of safety 

compared to flight operations with the 

same item operative. In response to 

Joby’s comment requesting the FAA 

revise part 194 rules to allow for 

alternative, lower power, lower 

performance radio altimeters or 

performance-based functionality, which 

may be non-TSO equipment or 

functionality approved under the Type 

Design, the FAA notes that § 135.160 

requires a radio altimeter be ‘‘FAAapproved.’’ Radio altimeters installed as 

part of the initial type design or a type 

design change would be FAA-approved. 

However, if the equipment was to be 

installed after initial aircraft 

certification, then the radio altimeter 


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would need to meet a TSO standard and 

be an FAA-approved device. 

GAMA recommended that the FAA 

use ICAO Document No. 10103 and 

apply the rule for helicopters in 

§ 135.160 to powered-lift. The FAA 

reviewed ICAO Document No. 10103 

and notes that the document indicates 

that radio altimeters should only be 

required in powered-lift that must 

perform a forced landing when 

experiencing a critical power-unit 

failure at any stage in the flight profile 

while operating in Instrument 

Meteorological Conditions (IMC). 

The FAA agrees with GAMA in that 

§ 135.160 should be applicable to 

powered-lift as it is applicable to 

rotorcraft. However, the FAA disagrees 

that the radio altimeter should only be 

required when a powered-lift must 

perform a forced landing when 

experiencing a critical power unit 

failure at any stage in the flight profile 

while operating in IMC. As stated in the 

NPRM, radio altimeters are valuable 

safety tools that can provide additional 

situational awareness during an 

inadvertent encounter with IMC, as well 

as additional situational after 

encounters with brownout, whiteout, or 

other situations where vision is 

suddenly limited and pilots lose their 

reference to the horizon and the ground. 

Additionally, radio altimeters can 

greatly improve a pilot’s awareness of 

height above the ground during hover, 

landing in unimproved landing zones, 

and landings in confined areas where a 

more vertical approach may be required. 

The situations where a radio altimeter 

can provide valuable situational 

information are not limited to only 

operations conducted in IMC conditions 

but can also occur during VFR or flights 

conducted in VMC conditions where a 

pilot encounters conditions that they 

initially did not anticipate. 

In response to the comments received, 

the FAA did not make any changes to 

the proposed regulatory text and adopts 

§ 194.308(c) as final, but as a result of 

renumbering it is now § 194.306(v). 

Section 135.163 outlines the 

equipment requirements for all aircraft 

carrying passengers under IFR. Section 

135.163(g) contains an exception for 

multi-engine helicopters that states the 

two required generators may be 

mounted on the main rotor drive train 

and a loss of one powerplant will not 

affect both generators since they are on 

a common drive train. Section 135.163 

currently applies to powered-lift as 

written. The FAA proposed in 

§ 194.308(d) to allow powered-lift to 

utilize the exception for helicopters 

contained in § 135.163(g) when that 

powered-lift is equipped with a 

drivetrain system that is driven by two 

separate powerplants and able to run 

the two required generators because, 

just as for rotorcraft, the loss of one 

powerplant would not affect both 

generators. 

The FAA received no comments on 

proposed § 194.308(d) and therefore 

adopts § 194.308(d) as final, but as a 

result of renumbering it is now 

§ 194.306(w). 

Section 135.165 details 

communication and navigation 

equipment for extended over-water or 

IFR operations. This section is general 

to aircraft except for § 135.165(d) and 

(g)(1), which are specific to airplanes. 

The FAA determined that paragraph (d) 

should also apply to powered-lift with 

a passenger seating configuration, 

excluding any pilot seat, of 10 seats or 

more, or a powered-lift used in 

commuter operations, regardless of the 

type of powerplant, as proposed in 

§ 194.307(t). 

Paragraph (g) provides for extended 

over-water exceptions that allow the use 

of a single long-range navigation and 

single long-range communication 

system in certain geographic areas as 

authorized by the FAA. A list of 

operational factors the FAA may 

consider is listed in paragraph (g)(1)–(3) 

of § 135.165. Although (g)(1) uses the 

term airplane, the FAA proposed in 

§ 194.307(u) to extend the ability to 

request that exception to powered-lift 

that are able to conduct extended overwater operations. The FAA proposed 

that paragraphs (d) and (g)(1) apply to 

powered-lift, as this will ensure 

powered-lift will be able to 

communicate as required during IFR 

and extended over-water flights. 

The FAA received no comments on 

proposed § 194.307(t) and (u), and 

therefore, adopts § 194.307(t) and (u) as 

final, but as a result of renumbering they 

are now § 194.306(x) and (y). 

While developing this final rule, the 

FAA noted that § 135.165(d) 

inadvertently continued to reference 

part 119 for the definition of ‘‘commuter 

operation.’’ The definition of 

‘‘commuter operation’’ was moved to 

§ 110.2 in the Operations Specifications 

final rule (76 FR 7482, Feb. 10, 2011). 

The FAA is adopting a permanent 

amendment to § 135.165(d) to reflect the 

current location of the ‘‘commuter 

operation’’ definition. 

Section 135.168 contains 

requirements for emergency equipment 

for rotorcraft overwater operations. In 

the NPRM, the FAA proposed to apply 

§ 135.168 to powered-lift under 

§ 194.308(e). Under the proposed 

§ 194.308(e), if the powered-lift is 

operating overwater beyond the gliding 

or autorotational distance of the 

shoreline, then life preservers must be 

provided and worn by each occupant. 

In the NPRM, the FAA indicated that 

powered-lift operated overwater will 

have a survivability sequence (sequence 

of events which occur upon impact with 

the water) more similar to rotorcraft 

than airplanes, and that the donning of 

life preservers would provide for the 

greatest likelihood of surviving in the 

water versus requiring the carriage of a 

life raft whenever powered-lift are 

conducting overwater operations 

beyond gliding and/or autorotational 

distance from the shoreline. 

The FAA received three comments on 

proposed § 194.308(e). 

According to GAMA, certain 

powered-lift demonstrate the capability 

to glide in a manner similar to airplanes 

when carrying passengers over water. 

GAMA asserted that, in such cases, it is 

imperative that the FAA apply the 

relevant airplane version of the rule to 

ensure appropriate and effective 

oversight. GAMA argued that, by 

recognizing the glide capabilities of 

these powered-lift, the FAA can 

optimize safety measures and streamline 

regulations accordingly. GAMA further 

argued that it is crucial to take full 

advantage of the similarities to airplane 

operations in these specific scenarios to 

maintain an equivalent level of safety 

for passengers and to facilitate smooth 

and efficient operations. 

AWPC stated that their aircraft, the 

AW609, is a tiltrotor and is designed to 

operate like a pressurized turboprop 

airplane when in horizontal flight mode. 

AWPC argued that the AW609 has the 

equipment and related characteristics of 

a helicopter to conduct ditching 

procedures. This design approach, 

according to AWPC, addressed the 

concerns the FAA stated in the 

proposed SFAR such as buoyancy and 

the duration to remain afloat after 

ditching in water. AWPC further stated 

that the AW609 Tiltrotor has design 

features such as a door above the 

waterline, wing fuel tanks, and a 

pressurized cabin with closeable 

outflow valves, as well as being 

equipped with an overhead escape 

hatch and flotation system. Therefore, 

AWPC contended that the application of 

helicopter rules is inappropriate for the 

AW609 Tiltrotor and requests the FAA 

apply a performance and equipagebased approach to applying regulations 

for overwater operations to the AW609 

Tiltrotor. 

Joby recommended the FAA follow 

the ICAO guidance for powered-lift, 

which Joby stated applies airplane rules 

to powered-lift for overwater operations. 

Joby also recommended that the FAA 


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407See Fire Protection Requirements for Cargo or 

Baggage Compartments, final rule, 54 FR 7384 (Feb. 

17, 1989). 

reverse course on many of the proposed 

powered-lift rules and instead use 

helicopter-based rules to align with 

ICAO Document 10103. Joby stated that, 

for situations like overwater operations 

where helicopter rules would not be 

advisable, limitations can be placed in 

the AFM or, in very limited situations, 

addressed through placards. According 

to Joby, this approach would result in a 

more logical transition from existing 

aircraft types to powered-lift. 

The FAA has reviewed the comments 

received and as part of the review, the 

FAA considered § 136.9, which 

addresses commercial air tours 

operating over water beyond the 

shoreline. Sections 136.9 and 135.168 

are similar because they stipulate when 

a life preserver is required to be worn. 

The FAA determined that the 

performance-based criteria of 

§ 136.9(b)(3) could provide flexibility to 

the life preserver requirements of 

§ 135.168(b)(1) without any degradation 

to safety. Therefore, under § 194.306(z), 

which addresses § 135.168, the FAA 

will introduce the provision only 

requiring the life preservers to be 

readily available instead of requiring 

them to be worn when the powered-lift 

is able to meet certain performance 

requirements. In order to use this 

provision under § 194.306(z)(1), the 

multi-engine powered-lift must be 

operated at a weight that will allow it 

to climb with the critical engine 

inoperative or when experiencing a 

critical change of thrust, of at least 50 

feet a minute, at an altitude of 1,000 feet 

above the surface. 

The term ‘‘critical change of thrust’’ is 

a new term the FAA has introduced 

since the publication of the NPRM, and 

it can be used for those powered-lift that 

do not necessarily have a critical engine. 

A critical change of thrust means a 

failure that would most adversely affect 

the performance or handling qualities of 

an aircraft. This new term ensures 

powered-lift that do not have a critical 

engine but do experience an adverse 

effect on performance or handling 

qualities resulting from failures of the 

flight control or propulsive system, 

either singular or in combination, must 

meet the same performance 

requirements specified for aircraft that 

have a critical engine. Adding the term 

‘‘critical change of thrust’’ ensures that 

those novel aircraft that may not have a 

critical engine will be required to 

demonstrate the same performance 

requirements as those stipulated for 

aircraft with a critical engine, thereby 

ensuring the same level of safety is 

maintained. 

The FAA took into consideration the 

ability of the powered-lift to remain at 

least 1,000 feet above the surface after 

the critical engine becomes inoperative 

or the powered-lift experiences a critical 

change of thrust. This will ensure a 

powered-lift will have the ability to 

remain out of the water, providing 

ample time for each occupant to don 

their life preservers. For those poweredlift that do not have this performance 

capability, the occupants must wear life 

preservers during the flight. 

The FAA also took into consideration 

that some powered-lift would be 

operated at higher altitudes overwater 

similar to airplanes, rather than the 

lower altitudes at which helicopters 

normally operate, and the requirement 

for each occupant to wear a life 

preserver when over water is therefore 

unnecessary for some powered-lift. 

As a result of the foregoing, the FAA 

amends the proposed rule for multiengine powered-lift that are operated at 

a weight that will allow it to climb, with 

the critical engine inoperative or while 

experiencing a critical change of thrust, 

at least 50 feet a minute, at an altitude 

of 1,000 feet above the surface. For those 

powered-lift, life preservers are not 

required to be worn but must be readily 

available and easily accessible to each 

occupant. Proposed § 194.308(e) is 

adopted as amended, but due to 

renumbering, it is now § 194.306(z). 

Section 135.169 provides additional 

airworthiness requirements for large 

airplanes, as well as small airplanes 

with a passenger-seating configuration 

of 10 or more seats. These airplanes are 

held to a higher airworthiness safety 

standard either through aircraft 

certification basis or certain other 

regulatory standards or requirements. 

Section 135.169 also includes rules 

about the material used as a liner for 

cargo or baggage compartments. 

Section 135.169(a) applies to large 

airplanes and requires them to meet the 

additional airworthiness requirements 

of §§ 121.213 through 121.283, and 

121.307. The FAA proposed in 

§ 194.307(v) to require a large poweredlift to comply with appropriate 

certification provisions listed in 

§ 135.169(a) or such airworthiness 

criteria as the FAA determines will 

provide an equivalent level of safety in 

accordance with § 21.17(b). Powered-lift 

will spend their cruise portion of flight 

similar to airplanes. When a poweredlift is configured with 10 or more 

passenger seats or is large, the persons 

riding on the powered-lift should be 

afforded the same level of safety 

afforded to passengers on an airplane. 

Section 135.169(b), which applies to 

operators of small airplanes that have a 

passenger seating configuration, 

excluding pilot seats, of 10 seats or 

more, requires certain type certifications 

for such small aircraft. Since poweredlift are currently in development, the 

FAA has determined that § 135.169(b)(2) 

through (b)(7) should not be applicable 

to them. As discussed in the NPRM, the 

FAA has determined that § 135.169(b)(1) 

and (b)(8) should be applicable to 

powered-lift. Section 135.169(b)(1) 

requires that such airplanes be 

certificated in the transport category, 

while (b)(8) requires certification in the 

normal category as a multi-engine 

certification level 4 airplane, as defined 

in part 23. The FAA proposed in 

§ 194.307(w) that small powered-lift 

with a passenger seating configuration 

of 10 seats or more operating under part 

135 must comply with the applicable 

part 23 provisions identified in 

§ 135.169(b)(8) or such airworthiness 

criteria as the FAA may find provides 

an equivalent level of safety in 

accordance with § 21.17(b). Section 

194.307(w) will ensure that a small 

powered-lift utilized in part 135 

operations and carrying more than 10 

passengers will achieve a certification 

standard at least equivalent to the 

standard set forth in § 135.169(b)(8). The 

FAA notes that, although it proposed in 

the NPRM preamble to apply 

§ 135.169(b)(1) to powered-lift, 

paragraph (b)(1) was inadvertently 

excluded from the proposed SFAR 

regulatory text at § 194.307(w). As a 

result, the FAA has added 

§ 135.169(b)(1) to the SFAR at 

§ 194.306(bb). 

Section 135.169(d) addresses cargo or 

baggage compartments of 200 cubic feet 

or greater volume in transport category 

airplanes by requiring more flameresistant materials. The intent of 

§ 135.169(d) is to reduce the risk of fire 

burning through the compartment liner 

and becoming uncontained.407

Accordingly, the FAA proposed in 

§ 194.307(x) that large powered-lift that 

have a cargo or baggage compartment of 

200 cubic feet or greater will be required 

to meet the certification requirements of 

appendix F to part 25, part III or such 

airworthiness criteria as the FAA may 

find provide an equivalent level of 

safety in accordance with § 21.17(b). 

The FAA received one comment on 

proposed § 194.307(v), (w), and (x) from 

an individual commenter. 

Specifically, the individual 

commenter sought guidance on the 

definitions of small and large poweredlift as used for this rule. The commenter 

mentions that part of the NPRM suggests 

that small powered-lift are those with 10 


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or more passengers. The commenter 

notes that other parts of the NPRM 

suggest that a large powered-lift would 

be one capable of 10 or more passengers. 

The commenter requests that the FAA 

provide guidance as to the specific 

definitions of small and large poweredlift and as to whether the definition of 

passenger capacity and cargo 

compartment type from § 135.169 

applies to powered-lift. 

Per § 1.1, passenger seating 

configuration does not define small or 

large aircraft. Instead, whether an 

aircraft is small or large is determined 

by weight alone. Specifically, the 

definition of large aircraft contained in 

§ 1.1 is based upon maximum 

certificated takeoff weight, not on 

passenger seating configuration. As 

such, a large powered-lift may be 

configured with less than 10 passenger 

seats, while a small powered-lift may be 

configured with more than 10 passenger 

seats. 

The FAA evaluated the weight 

parameters for both transport category 

airplanes and transport category 

rotorcraft and determined that the 

weight limit for large aircraft (over 

12,500 pounds, § 1.1) would be an 

appropriate weight at which to apply 

airplane transport category standards to 

powered-lift. Accordingly, small 

powered-lift would include powered-lift 

weighing 12,500 pounds or less. To 

determine whether a powered-lift 

qualifies as small or large, the FAA will 

use the existing § 1.1 weight criteria 

definitions and not the commenter’s 

suggested seat number because weight 

thresholds are already used in the 

regulations. 

The commenter also inquired if the 

current § 135.169 applies, specifically in 

the context of the aircraft’s number of 

passenger seats and cargo/baggage 

compartment size. 

As stated in the NPRM, § 194.306(aa) 

through (cc) will require certain 

§ 135.169 subparagraphs to apply based 

on the powered-lift’s seating and cargo/ 

baggage compartment size. The 

additional § 135.169 airworthiness 

requirements would be required for 

powered-lift based on the same criteria 

specified for airplanes, large airplanes 

(as defined in § 1.1), or small airplanes 

with a passenger-seating configuration, 

excluding pilot seats, of 10 or more. 

Therefore, large powered-lift, or small 

powered-lift with a passenger-seating 

configuration, excluding pilot seats, of 

10 or more, would have to comply with 

the additional airworthiness 

requirements in § 135.169. 

Moreover, large powered-lift that have 

a cargo or baggage compartment of 200 

cubic feet or greater in volume would be 

required to meet the certification 

requirements of appendix F to part 25, 

part III, or such airworthiness criteria as 

the FAA may find provide an equivalent 

level of safety in accordance with 

§ 21.17(b). 

In response to the comments received, 

the FAA did not make any changes to 

the proposed regulatory text. Therefore, 

the FAA adopts § 194.307(v), (w), and 

(x) as final, but as a result of 

renumbering they are now § 194.306(aa), 

(bb), and (cc). 

Section 135.170 lists the requirements 

for materials used in the compartment 

interiors of specific airplanes. Some 

powered-lift may be able to transition to 

a landing quickly; however, others may 

have descent, landing, and evacuation 

times similar to airplanes so to provide 

an equivalent of safety for passengers 

the FAA determined this rule should be 

applicable to large powered-lift. The 

FAA proposed in § 194.307(y) and (z) 

that large powered-lift must comply 

with the applicable paragraphs of 

§ 135.170(b)(1) and (b)(2). Powered-lift 

must comply with appropriate 

certification provisions listed in 

§ 135.170(b)(1) and (2) or such 

airworthiness criteria as the FAA may 

find provide an equivalent level of 

safety in accordance with § 21.17(b). 

Section 135.170(c) details the 

requirements for thermal/acoustic 

materials on transport category 

airplanes. The FAA asserted that the 

flame propagation requirements 

applicable to transport category 

airplanes should also be applicable to 

large powered-lift in order to ensure that 

persons or property carried on large 

powered-lift are afforded the same 

safety provided to persons or property 

carried in transport category airplanes. 

Accordingly, large powered-lift would 

be required to comply with the 

provisions of § 135.170(c). As proposed 

in § 194.307(aa), this section requires 

that large powered-lift comply with 

§ 25.856 (Thermal/Acoustic insulation 

materials) or such airworthiness criteria 

as the FAA may find provide an 

equivalent level of safety in accordance 

with § 21.17(b). 

The FAA received no comments on 

proposed § 194.307(y), (z), and (aa), and 

therefore adopts § 194.307(y), (z), and 

(aa) as final, but as a result of 

renumbering they are now 

§ 194.306(dd), (ee), and (ff). 

Section 135.173(a) requires aircraft, 

excluding helicopters operating under 

day VFR conditions, that have a 

passenger seating configuration, 

excluding any pilot seat, of 10 seats or 

more in passenger-carrying operations 

to be equipped with either approved 

thunderstorm detection equipment or 

approved airborne weather radar 

equipment. 

Section 135.173(b) is specific for 

helicopters and only requires this 

equipment under night VFR when 

current weather reports indicate that 

thunderstorms or other potentially 

hazardous weather conditions that can 

be detected with airborne thunderstorm 

detection equipment may reasonably be 

expected along the route to be flown. 

The FAA determined that the 

helicopter exception contained in this 

regulation should not apply to poweredlift because these new entrant aircraft 

are expected to operate similar to an 

airplane during the en route phases of 

flight. The FAA does not yet have 

enough information about the 

operations of powered-lift to state 

definitively whether such aircraft will 

have the agility and maneuverability of 

a helicopter during the cruise portion of 

flight. The FAA anticipates that 

powered-lift will likely require more 

time and space to recognize and 

successfully maneuver out of the 

dangers associated with hazardous 

thunderstorm activity. 

The FAA received one comment from 

EASA questioning the logic of requiring 

large eVTOL to have thunderstorm 

detection equipment. EASA pointed out 

that many powered-lift operations are 

expected to be quite local. EASA also 

raised the question of waivers for this 

requirement. 

This SFAR is not limited to only 

eVTOL by the FAA but applies to all 

powered-lift that may operate in the 

NAS, some of which will not be limited 

to local area flying. The use of airborne 

thunderstorm detection equipment or 

airborne weather radar contributes to 

greater safety in operations, even in 

local area flying areas, because it 

enables the pilot to detect and locate 

severe adverse weather areas early. The 

equipment also enables the pilot to 

avoid those thunderstorm areas and take 

other actions necessary for safety of the 

flight. Furthermore, the FAA has 

concluded that this equipment is an 

additional safety benefit for aircraft with 

10 or more passenger seats. Throughout 

the FAA’s regulations, 10 or more 

passenger seats is a threshold at which 

many additional regulatory 

requirements are imposed in order to 

mitigate the risk of carrying the 

additional people. 

In response to the comments received, 

the FAA will not make any changes to 

the final rule, and powered-lift must 

adhere to the provisions provided in 

§ 135.173(a) as written for all aircraft 

that have a passenger seating 

configuration, excluding any pilot seat, 


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408See Improved Access to Type III Exits, 57 FR 

19220 at 19245 (May 4, 1992). 

409Minimum Equipment List Requirements, 54 

FR 3320 (Jan. 23, 1989). 

410Minimum Equipment List Requirements, 56 

FR 12311 (Mar. 22, 1991). 

411Over-the-top means above the layer of clouds 

or other obscuring phenomena forming the ceiling. 

of 10 seats or more in passengercarrying operations. 

Section 135.178 details additional 

emergency equipment applicable to 

airplanes with a passenger seating 

configuration of more than 19 seats. 

This section was implemented largely 

due to several studies conducted by the 

Civil Aerospace Medical Institute 

(CAMI) on exit row configurations and 

equipment necessary for the most 

efficient emergency exit of the airplane 

in the case of emergency.408

The FAA anticipates that, due to 

advances in technology, powered-lift 

developed in the future could surpass 

the 19-passenger seating configuration 

threshold requirement in § 135.178. 

Those powered-lift should have the 

requisite procedures and equipment to 

evacuate passengers in the event of an 

emergency such as is currently required 

for airplanes. As such, in the NPRM, the 

FAA proposed in § 194.307(bb) to apply 

§ 135.178 to powered-lift with a 

passenger seating configuration of 19 

seats or more. 

The FAA received no comments on 

proposed § 194.307(bb); therefore, the 

FAA adopts § 194.307(bb) final, but as a 

result of renumbering it is now 

§ 194.306(gg). 

Section 135.179 contains the 

conditions required to take off an 

aircraft with inoperable instruments or 

equipment, lists the MEL requirements, 

and enumerates which instruments and 

equipment may not be contained within 

the MEL. In 1991, the FAA published a 

final rule expanding the availability of 

a MEL to any civil aircraft that can be 

operated under part 135, including 

single-engine aircraft. The notice of 

proposed rulemaking 409 that is directly 

related to the 1991 final rule states that 

the MEL provisions would apply to 

‘‘aircraft’’ and that ‘‘[t]he FAA also 

proposes to amend the language of 

§§ 135.179 and 125.201 to make them 

essentially the same as § 121.628.’’ 410

The FAA notes that the mention of 

airplane in § 135.179(b)(1) appears to be 

an oversight in transcription and should 

actually reference aircraft, as do the rest 

of the references in § 135.179. This is in 

contrast to § 121.628, where all 

references are to airplane. Review of the 

historical information for this rule 

revealed that the FAA’s original intent 

was for § 135.179 to apply to ‘‘any civil 

aircraft,’’ which includes powered-lift. 

As a result, the FAA proposed to make 

a technical amendment to 

§ 135.179(b)(1) to reflect that intent by 

replacing the word airplane with 

aircraft. 

The FAA received no comments on 

the proposed amendment to 

§ 135.179(b)(1). Therefore, the FAA 

adopts the amendment to 

§ 135.179(b)(1) as final. 

Section 135.180 was implemented to 

require traffic alert and collision 

avoidance systems (TCAS) for turbinepowered airplanes that have a passenger 

seat configuration, excluding any pilot 

seat, of 10 to 30 seats. TCAS uses 

transponder signals from nearby aircraft 

to alert pilots to the danger of mid-air 

collisions. The FAA anticipates that 

certain powered-lift will have the same 

relative speed, size, and passengercarrying capacity as the airplanes that 

must be equipped with TCAS under 

§ 135.180. Additionally, the FAA 

anticipates that some powered-lift will 

have the ability to operate in the same 

airspace as other larger, highperformance aircraft, including 

airplanes operating under part 121. To 

afford the same level of safety through 

the mitigation of potential mid-air 

collisions and their devastating effects 

on persons and property onboard or in 

the same airspace as powered-lift, the 

FAA proposed in § 194.307(cc) this 

section apply to powered-lift that have 

a passenger seat configuration, 

excluding any pilot seat, of 10 to 30 

seats. 

Powered-lift that are required to have 

TCAS will also be required to have the 

content specified in § 135.180(b) in the 

powered-lift’s AFM. This will ensure 

that the persons operating a powered-lift 

will have access to the appropriate 

procedures for the use of the TCAS 

equipment, proper flightcrew action 

with respect to the TCAS equipment, 

and an outline of all the input sources 

that must be operating for proper TCAS 

operation. 

The FAA received one comment on 

proposed § 194.307(cc) from ALPA. 

ALPA recommended all powered-lift 

(regardless of seating capacity) should 

be equipped with a Terrain Awareness 

and Warning System (TAWS) or a 

Helicopter Terrain Awareness and 

Warning System (HTAWS) as 

applicable, and an Aircraft Collision 

Avoidance System (ACAS), as well as 

CVR and FDR. They asserted that these 

sources of information aid in the 

avoidance of Controlled Flight into 

Terrain (CFIT) and Mid-Air Collisions 

(MAC), and they all directly enhance 

flight safety. ALPA recommended that, 

when a TCAS system is required for 

traditional airplanes or helicopter 

operations, under the SFAR it should 

also be required for powered-lift 

regardless of seat capacity, to ensure the 

highest level of safety in this new and 

novel aircraft type and operations. 

The FAA agrees with ALPA that a 

TCAS provides valuable collision 

avoidance information to flightcrew 

during flight. However, the FAA 

disagrees that all powered-lift, 

regardless of the passenger seat 

configuration, should be required to 

install a TCAS. When the FAA 

promulgated the TCAS final rule of 

1989, the categories of commercial 

aircraft for which TCAS I or II will be 

required were based on the provisions 

of Pub. L 100–223 and on the relative 

speed of the aircraft, the size of the 

aircraft, and the number of passengers 

per aircraft who would benefit from 

TCAS installation. The FAA anticipates 

some powered-lift will have the same 

relative speed, size, and passengercarrying capacity as the airplanes 

required to be equipped with TCAS. As 

such, those powered-lift of similar size 

will be required to equip their aircraft 

with TCAS. 

The FAA believes the criteria 

established for TCAS installations in 

aircraft with 10 to 30 passenger seats is 

still valid today. Aircraft below the 10- 

passenger seat threshold are smaller and 

therefore don’t have the same need for 

TCAS. Additionally, the FAA believes 

the associated costs for requiring a 

higher standard than what is currently 

in place for other aircraft will place this 

new emerging industry at an unfair 

disadvantage. The SFAR enables the 

FAA to collect data to inform the FAA 

on future rulemaking for powered-lift 

operations, and once powered-lift 

operations become more commonplace 

and the FAA has a better understanding 

of the operational complexities for these 

aircraft, the FAA could consider making 

a future adjustment to the TCAS 

requirements. However, at this time, the 

FAA will require TCAS be installed on 

powered-lift that have a passenger seat 

configuration of 10 or more passenger 

seats. 

In response to the ALPA comment, 

the FAA did not make any changes to 

the proposed regulatory text. Therefore, 

the FAA adopts § 194.307(cc) as final, 

but as a result of renumbering it is now 

§ 194.306(hh). 

Section 135.181 details performance 

requirements for all aircraft operated 

over-the-top 411 or in IFR conditions. 

The FAA proposed in § 194.308(f) to 

apply § 135.181(b) to all powered-lift. A 

powered-lift that is able to meet the 

performance requirements of 

§ 135.181(b) would provide the same 


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412For a more detailed discussion on ‘‘critical 

change of thrust’’ see Section V.C.3 regarding 

§ 135.168. 

level of safety established for 

helicopters. This exception would 

provide the same economic relief to 

powered-lift operators as that 

experienced by helicopter operators. In 

the NPRM the FAA did not propose any 

changes relating to § 135.181(a)(2) 

because this paragraph applies to all 

multi-engine aircraft. 

The FAA received two comments on 

proposed § 194.308(f), one from GAMA 

and one from Joby. 

GAMA recommended that the FAA 

apply the rotorcraft or helicopter rules 

in § 135.181 to powered-lift. GAMA 

agrees with the FAA that it was 

appropriate to allow powered-lift to use 

the performance requirements of 

§ 135.181(b) when conducting offshore 

passenger-carrying operations. 

The FAA received a comment from 

Joby not directly specifying § 135.181 

but relating to § 135.183(c), which is a 

performance requirement for a multiengine aircraft to maintain a certain 

altitude above the surface when a 

critical engine is inoperative. Joby’s 

comment regarding § 135.183 advocated 

that the FAA use another term to 

capture aircraft that do not have a 

‘‘critical engine’’ but may have other 

powerplants that could experience a 

loss of thrust impacting the aircraft’s 

ability to stay aloft. As this comment 

raised the concern about powered-lift 

without a ‘‘critical engine,’’ the FAA is 

including Joby’s comment here. 

The term ‘‘critical change of thrust’’ 

will be added to the SFAR alongside the 

current term ‘‘critical engine’’ in order 

to ensure that the performance 

requirements currently stipulated in 

§ 135.181(a)(2) and (b) will apply to 

those powered-lift that do not have a 

critical engine but can experience a 

critical change of thrust.412 Using the 

term ‘‘critical change of thrust’’ ensures 

that those novel aircraft that may not 

have a critical engine will be required 

to demonstrate the same performance 

requirements as those stipulated for 

aircraft with a critical engine, thereby 

ensuring the same level of safety is 

maintained. 

As a result, the FAA will add the term 

‘‘critical change of thrust’’ with respect 

to powered-lift under § 135.181(a)(2) 

and (b). The FAA adopts § 194.306(ii), 

which addresses § 135.181(a)(2), as 

final. The FAA also adopts the proposed 

§ 194.308(f) and the new verbiage of 

‘‘critical change of thrust’’ as final. Due 

to renumbering, the proposed 

§ 194.308(f) is being adopted as 

§ 194.306(jj). 

Section 135.183 provides the 

performance requirements for land 

aircraft to operate over water. Section 

135.183(a) requires that any aircraft 

operate at an altitude that allows it to 

reach land in the event of an engine 

failure. Section 135.183(b) allows 

overwater operations strictly limited to 

only takeoff and landing operations. 

Section 135.183(c) requires a 

multiengine aircraft to be able to climb 

with its critical engine inoperative at 

least 50 feet a minute at 1000 feet above 

the surface. Section 135.183(d) allows 

helicopters the option of installing floats 

if they are unable to meet the 

requirements of paragraph (a) or (c). 

Section 135.183(a)–(c) are applicable to 

powered-lift because those paragraphs 

reference aircraft. 

The FAA anticipates that powered-lift 

may be utilized in the same fashion as 

helicopters carrying passengers over 

water. Some powered-lift may not be 

equipped with floats. Powered-lift that 

are equipped with a flotation device 

will provide the same level of safety that 

is currently extended to helicopters 

since that flotation device will have 

gone through the FAA certification 

process. The FAA expects that a 

powered-lift equipped with floats would 

land similarly to a float-equipped 

helicopter. Accordingly, the FAA 

proposed in § 194.308(g) to allow 

powered-lift to utilize the exception 

contained in paragraph (d) if the 

powered-lift is unable to meet the 

requirements of paragraphs (a) or (c). 

The FAA received four comments on 

proposed § 194.308(g), relating to 

§ 135.183. 

In their comment, Joby agreed with 

the FAA’s proposal to include poweredlift with all references to helicopter 

floats. 

Joby stated that most electric 

powered-lift being developed now use 

distributed electric propulsion (DEP) 

systems that include multiple electric 

engines/electric power units (EPUs). 

They also mention that some of these 

designs may not have a single engine 

that could fail and be critical for 

performance or handling qualities. 

According to Joby, with some of these 

DEP propulsion designs there may be 

likely failures that don’t result in total 

loss of a single engine, result in partial 

loss of thrust on multiple engines, result 

in total loss of thrust on multiple 

engines/stations simultaneously, or 

other non-intuitive engine failure 

scenarios. For these reasons, 

airworthiness criteria and design 

standards have adopted the concept of 

‘‘critical loss of thrust’’ for showing 

compliance for performance and 

handling qualities. Joby asserted the 

term ‘‘critical loss of thrust’’ is specific 

to the aircraft and the electric 

propulsion system designs being used. 

Therefore, Joby recommended revising 

§ 135.183(c) to better accommodate 

multi-engine aircraft with distributed 

electric propulsion systems by adding 

‘‘or critical loss of thrust for distributed 

electric propulsion systems.’’ 

Additionally, Joby stated, aircraft that 

can be shown to climb after a critical 

loss of thrust should be provided 

appropriate credit. 

In their comment, EASA inquired 

what the FAA expects the buoyancy and 

demonstrated sea states to be, since the 

FAA is offering the option to install 

floats for powered-lift unable to meet 

the requirements of § 135.183(a) or (c). 

AWPC stated that their aircraft, the 

AW609 a tiltrotor, is designed to operate 

like a pressurized turboprop airplane 

when in horizontal flight mode and has 

the equipment and related 

characteristics of a helicopter to conduct 

ditching procedures. This design 

approach, according to AWPC, 

addresses the concerns the FAA stated 

in the NPRM, such as buoyancy and the 

duration to remain afloat after ditching 

in water. The AW609 tiltrotor has 

design features such as a door above the 

waterline, wing fuel tanks, and a 

pressurized cabin with closeable 

outflow valves. It is also equipped with 

an overhead escape hatch and flotation 

system. Therefore, AWPC contended 

that the application of helicopter rules 

is inappropriate for the AW609 tiltrotor 

and requests the FAA apply a 

performance and equipage-based 

approach to applying regulations for 

overwater operations to the AW609 

Tiltrotor. 

GAMA argued that certain poweredlift demonstrate the capability to glide 

in a manner similar to airplanes when 

carrying passengers over water. GAMA 

asserted that, in such cases, it is 

imperative that the FAA apply the 

relevant airplane version of the rule to 

ensure appropriate and effective 

oversight. By recognizing the glide 

capabilities of these powered-lift, 

GAMA argued that the FAA can 

optimize safety measures and streamline 

regulations accordingly. GAMA stated 

that it is crucial to take full advantage 

of the similarities to airplane operations 

in these specific scenarios to maintain 

an equivalent level of safety for 

passengers and facilitate smooth and 

efficient operations. 

The FAA agrees with Joby that 

another term to capture aircraft that 

does not have a ‘‘critical engine’’ but 

may have other powerplants that could 

experience a loss of thrust impacting the 

aircraft’s ability to stay aloft needs to be 


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413For a more detailed discussion on ‘‘critical 

change of thrust’’ see Section V.C.3 regarding 

§ 135.168. 

addressed. The FAA did not include the 

term ‘‘distributed electric propulsion’’ 

as recommended by Joby because the 

FAA determined this change should 

apply to all future propulsion systems 

that could experience a critical change 

of thrust, and not just those that are 

electrically driven. Therefore, the FAA 

will add ‘‘or while experiencing a 

critical change of thrust’’ under 

§ 194.306(kk)(1) in the final rule thereby 

ensuring the safety mitigations for land 

aircraft operated over water under 

§ 135.183(c) will also apply to poweredlift that may not have a critical 

engine.413 This provision is adopted at 

§ 194.306(kk). 

In response to GAMA’s comment, the 

FAA states the requirements found in 

§ 135.183 provides risk mitigations for 

all land aircraft when operated over 

water. This rule as written would apply 

to powered-lift except for paragraph (d), 

which as written for helicopters. To 

operate a powered-lift over water 

carrying passengers under part 135, the 

powered-lift must be operated at an 

altitude that allows it to reach land in 

the case of an engine failure. All aircraft 

are allowed to operate over water when 

it is necessary for takeoff or landing. 

Any aircraft that is multiengine and has 

the performance capability to climb, 

with the critical engine inoperative, at 

least 50 feet a minute, at an altitude of 

1,000 feet above the surface will also be 

allowed to operate over water. Per 

§ 194.308(g), powered-lift that cannot 

climb, with the critical engine 

inoperative or experiencing a critical 

change of thrust, at least 50 feet a 

minute, at an altitude of 1,000 feet 

above the surface must equip their 

aircraft with flotation devices in order to 

operate over water. The FAA anticipates 

that most powered-lift will be multiengine and could have the performance 

capability to stay out of the water, but 

if they don’t and the powered-lift lacks 

that performance capability, the 

operator must install flotation devices or 

stay high enough to be able to either 

glide or autorotate to reach land in the 

case of engine failure. 

The FAA believes the requirements 

that are currently in § 135.183 for all 

aircraft are in line with the comments 

received from both GAMA and AWPC 

aimed at following the airplane 

requirements. The only difference is the 

flotation requirement the FAA will 

place on powered-lift should they not 

have the performance capability to stay 

out of the water. As addressed in the 

overwater requirements of §§ 135.168, 

136.9, and 136.11, the FAA does not 

know whether or not a powered-lift will 

take on water like a helicopter or float 

for a longer period of time like an 

airplane after ditching. AWPC requested 

the FAA apply a performance-based 

approach to applying overwater 

regulations. That performance-based 

approach is already found in 

§ 194.306(kk), addressing § 135.183(c). 

In response to EASA’s request on the 

expected buoyancy and demonstrated 

sea states, the FAA notes that buoyancy 

and sea states are defined within aircraft 

certification (combination of regulation 

and guidance material) if a ditching 

approval is sought. If a powered-lift 

applicant requests this approval, then 

the FAA would apply the appropriate 

airworthiness criteria from the existing 

airworthiness standards to meet the 

equivalent level of safety as required 

under § 21.17(b). 

In response to the comments received, 

the FAA made one change to the 

regulatory text at § 194.306(kk) by using 

the term ‘‘or while experiencing a 

critical change of thrust.’’ The FAA is 

not making any changes regarding the 

provision to require powered-lift to be 

equipped with floats when unable to 

otherwise meet the requirements of 

§ 135.183(a) and (c). The FAA is 

therefore adopting the proposed 

§ 194.308(g), though due to 

renumbering, it is being adopted as 

§ 194.306(ll). 

4. Subpart D: VFR/IFR Operating 

Limitations and Weather Requirements 

Subpart D prescribes operating 

limitations for VFR/IFR flight operations 

and associated weather requirements for 

operations under part 135. 

Section 135.203 provides the VFR 

minimum altitude requirements for 

airplanes and helicopters. Different 

minimum altitudes for airplanes and 

helicopters exist because the special 

flight characteristics of a helicopter 

enable it to accomplish an emergency 

landing in a small space relative to an 

airplane. Additionally, the 

maneuverability of a helicopter permits 

it to make corrective actions in less 

distance than most airplanes. This 

enables a helicopter to be operated over 

congested areas at 300 feet above the 

surface without compromising the 

safety of persons or property on the 

surface. 

In the NPRM, the FAA proposed in 

§ 194.307(dd) to apply the airplane 

minimum altitude requirements of 

§ 135.203(a) to powered-lift. The FAA 

anticipates that many powered-lift 

operators will prefer to utilize lift 

provided by the wing for as long as 

practicable in order to gain efficiencies 

in speed and range. The FAA expects 

that the transition from forward flight to 

vertical flight will require additional 

time, distance, and altitude for 

powered-lift. Although some poweredlift may be capable of performing an 

emergency autorotation into a more 

confined space, the FAA anticipates that 

additional altitude would increase the 

chances of a successful outcome 

without undue hazard to persons or 

property on the surface. 

The FAA received seven comments in 

response to the proposed § 194.307(dd). 

Several commenters disagreed with 

proposed § 194.307(dd) and 

recommended applying the helicopter 

requirements of § 135.203(b) instead. 

CAE and NBAA argued that the 

rationale provided by FAA for allowing 

powered-lift to use copter procedures 

should justify applying helicopter MSA 

requirements to powered-lift. CAE 

stated that powered-lift are capable of 

vertical takeoff and landing in small 

spaces and have helicopter-like 

maneuverability. Furthermore, CAE 

noted that the FAA is allowing 

powered-lift to use part 97 copter 

instrument procedures, recognizing the 

vertical capabilities of these aircraft, but 

then does not apply the same premise 

to minimum safe altitudes. 

Lilium said that, although 

autorotation is a key feature for 

helicopters, it should not be the primary 

factor that allows powered-lift to 

operate using helicopter minimums. 

Lilium suggested determining on a caseby-case basis whether a powered-lift 

should be allowed to use the helicopter 

requirements of § 135.203(b), taking into 

consideration the aircraft’s redundant 

propulsion systems, equipment, 

operational environment, and design. 

Archer recommended replacing 

category-based operational rules 

regarding minimum safe altitude with 

type-specific rules informed by the type 

certification and FSB process, similar to 

that proposed in the NPRM for the 

airworthiness evaluation and eligibility 

for copter procedures. Archer believed 

using this method to establish the 

operational rules would allow the FAA 

to evaluate the operational capabilities 

of each powered-lift before deciding 

which operational rules are appropriate. 

Archer argued that such evaluations 

would achieve the goal of an equivalent 

level of safety through performancebased rulemaking. Archer further stated 

that powered-lift which share the key 

operating capabilities that enable 

helicopters to safely operate at lower 

altitudes and reduced weather minima 

should be subject to the same operating 

rules. 


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414Part 60—Air Traffic Rules, final rule, 20 FR 

6694, 6695 (Sept. 13, 1955). 

Eve asserted that the FAA has 

assigned powered-lift with the 

minimum safe altitude specified for 

airplanes based on two assumptions: 

that most powered-lift flights while in 

cruising phase are performed in wingborne flight mode, and that, even if 

considering the possibility of 

transitioning from wing-borne to 

vertical flight mode in case of an 

emergency, that requires a safe landing 

in some place in the city, which would 

result in a loss of altitude. Even though 

the first assumption is valid for most 

powered-lift, Eve alleged that the 

second assumption deserves further 

consideration. Eve argued that the time, 

distance, and speed necessary to 

transition from wing-borne flight mode 

to vertical-lift flight mode should be 

considered when applicable to 

powered-lift operating in an urban 

environment. Without knowing those 

parameters, Eve argued that it is not 

reasonable to assume that powered-lift 

will perform as an airplane and not as 

a helicopter when time, speed, and 

speed necessary to transition are taken 

into consideration. Eve stated that, for 

most powered-lift, those time, distance, 

and speed responses will have a suitable 

certified performance because of the use 

of MEPS (Multi-Electric Propulsion 

System), which Eve alleged will provide 

increased thrust, efficiency, and 

redundancy to minimize any possible 

loss of altitude. Therefore, Eve 

recommended that the FAA apply the 

helicopter provisions of § 91.119(b)(1) 

and § 135.203(b) to powered-lift. 

AWPC stated that the FAA’s proposal 

to limit powered-lift to airplane MSAs 

will inhibit their AW609 Tiltrotor 

powered-lift from conducting lowaltitude missions such as Search and 

Rescue (SAR) and Air Ambulance. 

AWPC stated that, while operating in 

horizontal flight mode, the AW609 

crews can reach the distressed person or 

patient faster than helicopters. However, 

AWPC argued that, without the ability 

to operate at helicopter MSAs, even in 

vertical flight mode, the AW609 

Tiltrotor would not be authorized to 

operate on the helicopter routes or even 

land at a hospital helipad. AWPC 

asserted that the minimum altitudes for 

powered-lift should be based on aircraft 

performance and capabilities. AWPC 

agreed that powered-lift operating in 

horizontal flight mode should operate in 

accordance with airplane MSA. 

However, AWPC argued that poweredlift capable of demonstrating category A 

performance or an ability to autorotate 

comparable to helicopters, such as the 

AW609 Tiltrotor, should be allowed to 

operate at helicopter MSA when in 

vertical flight mode. 

GAMA stated that powered-lift 

possess helicopter-like maneuverability, 

safe operation at low airspeeds and 

altitudes, and the capability of vertical 

takeoff and landing. Given these 

characteristics, GAMA felt that the 

helicopter provisions of this rule should 

apply. 

Joby argued that, depending on the 

powered-lift’s characteristics, the MSA 

rules for helicopters should be applied. 

Joby pointed to the ability of poweredlift to take off and land vertically in 

relatively small spaces, similar to a 

helicopter. Joby also states that many 

electric powered-lift currently in 

development have distributed electric 

propulsion systems, which Joby alleged 

provide a high level of redundancy in 

producing thrust and lift. Joby argued 

that requiring a higher minimum safe 

altitude for these powered-lift flight 

operations is not necessary to maintain 

an equivalent level of safety. For those 

aircraft which incorporate multiple 

electric engines or electric propulsion 

units, Joby alleged that the loss of a 

single electric engine/electric 

propulsion unit (EPU) or even a critical 

loss of thrust would not directly 

endanger the crew or passengers or 

create an undue hazard to persons or 

property on the ground. According to 

Joby, following an engine failure, these 

aircraft will be able to continue safe 

flight. Joby suggested powered-lift 

provide a higher level of safety than 

single engine airplanes or helicopters. 

Joby specifically pointed to poweredlift flying air tour and air taxi 

operations, arguing that the ability to fly 

at lower minimum safe altitudes 

increases their ability to navigate under 

and around congested airspace, 

deconflict with other aircraft, fly 

missions more efficiently, and better 

meet market and community objectives 

in a manner consistent with safety. Joby 

believed that establishing higher 

minimum safe altitudes will 

inadvertently reduce safety while also 

negatively affecting marketability and 

community service. Joby also believed 

that, by allowing flight below airspace 

shelves or below approach paths, which 

is common for helicopters, operational 

safety will be improved while allowing 

for more inherent traffic deconfliction. 

Joby argued that this is especially 

important for electric powered-lift that 

have relatively shorter range and 

endurance capabilities than traditional 

aircraft. 

In a group comment, AOPA, GAMA, 

HAI, NATA, NBAA, and VFS argued 

that, considering the FAA is allowing 

powered-lift to use part 97 copter 

instrument procedures, thereby 

recognizing the vertical capabilities of 

these aircraft, the FAA should apply the 

same premise to minimum safe 

altitudes. 

The FAA evaluated the information 

from the commenters and therefore will 

create a performance-based rule 

allowing powered-lift to use an altitude 

lower than specified for airplanes. The 

FAA considered the special flight 

characteristics of a helicopter, which 

can accomplish an emergency landing 

within a relatively small space as noted 

in the Part 60—Air Traffic Rules final 

rule.414 The FAA has concluded that 

powered-lift that are able to autorotate 

or conduct an approved equivalent 

maneuver should be allowed to use the 

same VFR minimum altitudes as 

provided to helicopters. This provision 

is adopted at § 194.306(mm) and (nn). 

To use this provision, the powered-lift 

will have to be operating either in the 

vertical-lift flight mode or when 

operating in the wing-borne flight mode 

be able to transition from wing-borne 

flight to the vertical-lift mode and then 

conduct a safe autorotation or approved 

equivalent maneuver that permits a 

controlled descent to a landing. 

When operating in the vertical-lift 

flight mode, the powered-lift must be 

certificated and be able to conduct an 

autorotation or an approved equivalent 

maneuver to a landing. Then the 

provisions of § 135.203(b) will apply. If 

a powered-lift is not certificated or able 

to conduct an autorotation or an 

approved equivalent maneuver to a 

landing, then the minimums specified 

in § 135.203(a) would apply. 

In order to utilize a lower VFR 

minimum altitude in the wing-borne 

flight mode, an operator must be 

authorized by Operations 

Specifications. The Operations 

Specification will specify the VFR 

minimum altitude for each type of 

powered-lift. To receive this 

authorization, the powered-lift’s AFM 

must have a minimum altitude specified 

that enables a transition from wingborne flight to the vertical-lift mode and 

then conduct a safe autorotation or 

approved equivalent maneuver that 

permits a controlled descent to a 

landing. This authorization will be 

granted to each specific type of 

powered-lift since each type could have 

a different minimum altitude specified 

in the respective AFM. When operating 

in the wing-borne flight mode a 

powered-lift in no case will be allowed 

to go below 300 feet above the surface. 

If the powered-lift does not have this 


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limitation established in their flight 

manual, then when operating in the 

wing-borne flight mode, they will be 

limited to the airplane criteria found in 

§ 135.203(a) for day and night 

operations. This is reflected in the 

amended § 194.307(dd), which is 

renumbered as § 194.306(mm). 

Section 135.205 provides the 

visibility requirements for an airplane or 

helicopter operating under VFR in 

uncontrolled airspace. The FAA 

proposed in § 194.307(ee) that poweredlift operating under VFR in uncontrolled 

airspace would be required to maintain 

the ceiling and visibility requirements 

detailed for airplanes under 

§ 135.205(a). The FAA based this 

proposal on the conclusion that 

powered-lift will have the potential to 

fly at airspeeds higher than rotorcraft 

and may need additional visibility to 

safely identify other aircraft and 

obstacles and to make appropriate 

corrective actions. 

The FAA received nine comments on 

proposed § 194.307(ee). The FAA 

received one comment that agreed with 

the FAA proposal, seven comments that 

disagreed and wanted the FAA to apply 

requirements other than those specified 

for airplanes, and one comment relating 

to air ambulance operations. 

Electra.aero supported the FAA’s 

rationale and decision to apply airplane 

VFR/IFR weather minima to electric 

powered-lift. Electra.aero noted that 

powered-lift will have increased 

maneuverability and the ability to hover 

or loiter at lower speeds, similar to 

helicopters. However, according to 

Electra.aero, many electric powered-lift 

will be limited by the battery thermal 

capability and will only have the ability 

to hover for a few minutes. 

Archer recommended replacing 

category-based operational rules 

regarding visibility minimums in favor 

of type specific rules informed by the 

type certification and FSB process. 

Archer argued that this method to 

establish the operations rules would 

allow the FAA to evaluate the 

operational capabilities of each 

powered-lift before deciding which 

operational rules are appropriate. 

Archer further asserted that powered-lift 

which share the key operating 

capabilities that enable helicopters to 

safely operate in reduced weather 

minima should be subject to the same 

operating rules. 

CAE stated that many powered-lift 

will cruise at speeds lower than a fast 

helicopter but points out that the 

weather minimums for those helicopters 

have not been increased to mirror the 

airplane minimums. CAE also 

mentioned that, currently, weather 

minimums are not based only on speed 

but also on maneuverability. 

Considering the ability of helicopters to 

operate at lower speeds and with 

increased maneuverability while 

maintaining safety under less restrictive 

minima, CAE suggested that same 

criteria should be considered for 

powered-lift. 

AWPC contended that the blanket 

application of airplane VFR minimums 

for all powered-lift is prohibitive. 

AWPC asserted that their AW609 

Tiltrotor can operate in vertical flight 

mode with maneuverability 

characteristics consistent with 

helicopters. AWPC argued that basic 

VFR and special VFR operations should 

be based on mode of flight. 

Lilium urged the FAA to adopt a 

similar comprehensive and risk-based 

approach as Lilium suggested for 

altitude requirements. Lilium also 

suggested that the FAA evaluate the 

capabilities and performance of 

individual powered-lift for operating 

under the helicopter VFR weather 

requirements. Lilium argued that 

powered-lift are designed to operate in 

low-altitude environments (below 

10,000 mean sea level (MSL) for short 

routes. Lilium asserted that utilizing 

helicopter VFR minimum weather 

requirements may improve airspace 

congestion and energy efficiencies with 

the ability to operate at lower in-route 

altitudes. 

Lilium noted that ICAO Document 

10103 provides guidance for the 

application of the appropriate operating 

rules based on the aircraft’s performance 

characteristics demonstrated during 

type certification, effectively allowing 

powered-lift to utilize helicopter 

requirements if they are determined to 

be capable of safely operating under 

such conditions. Lilium suggested that 

the FAA consider adopting a similar 

performance-based approach, aligning 

with international standards and 

enabling U.S. operators to be 

competitive on a global scale. Lilium 

concluded by stating this approach will 

ensure each aircraft’s safety capabilities 

are considered when determining 

appropriate visibility requirements. 

GAMA stated the proposal to use the 

operational rules for airplanes limits the 

acceptability of rotorcraft rules and does 

not establish a pathway for the 

development and application of 

performance-based rules. GAMA 

mentioned that the application of 

prescriptive operating rules without 

consideration for the aircraft’s 

performance reduces the usefulness of 

powered-lift. They strongly 

recommended the FAA to consider the 

diverse capabilities of powered-lift and 

propose applying appropriate operating 

rules based on the performance 

characteristics of each powered-lift. 

Similar to Lilium, GAMA advocated for 

the FAA to adopt the approach laid out 

in ICAO Document 10103. GAMA stated 

that their members understand ICAO 

Document 10103 as an example of a 

performance-based approach that was 

developed for a large turbine-powered 

configuration. While the document 

primarily focuses on large turbinepowered tilt-rotors, GAMA argued that 

the document explicitly acknowledges 

that tilt-rotors are part of the poweredlift category. GAMA noted that, while 

the manual doesn’t specifically address 

all types of powered-lift, it foresees its 

use as a basis for other civil poweredlift as they mature in design. GAMA 

argued that the FAA should recognize 

and allow operations based on the full 

capabilities of powered-lift to allow 

application of rotorcraft rules when 

appropriate, based on aircraft 

performance to ensure safety and 

operational effectiveness. GAMA firmly 

believed that regulations should 

encompass the entire spectrum of 

powered-lift. 

GAMA suggested that the FSB report, 

type certificate data sheet, AFM, and 

other documents provide methods to 

establish appropriate operating rules. 

GAMA argued that an operator’s Safety 

Management System (SMS), operational 

control policies, training requirements, 

and other factors demonstrate their 

capabilities. To achieve this, GAMA 

suggested the FAA can add ‘‘unless as 

otherwise specified,’’ ‘‘unless otherwise 

authorized by the Administrator,’’ or ‘‘as 

specified per Flight Standardization 

Board report’’ to §§ 194.302, 194.303, 

194.307, and 194.308. 

GAMA concluded by saying that 

powered-lift possess helicopter-like 

maneuverability, safe operation at low 

airspeeds and altitudes, and the 

capability of vertical takeoff and 

landing. Given these characteristics, 

GAMA asserted that the helicopter 

provisions for visibility minimums 

should apply to powered-lift. 

Joby argued that powered-lift 

currently in development are mostly 

like helicopters in terms of performance 

and maneuverability capabilities. Joby 

stated that most electric powered-lift 

will cruise at speeds less than the fastest 

helicopters. Joby stated that powered-lift 

are able to abort continued flight and 

can land immediately if conditions 

deteriorate quickly. Joby argued that 

these qualities should allow electric 

powered-lift to operate at lower 

visibility and cloud clearance distances 

while maintaining the same degree of 

safety as fixed-wing aircraft flying under 


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more restrictive minima per the FAA’s 

own rationale and previous policy 

established for helicopters. According to 

Joby, VFR visibility and cloud 

separation requirements also provide a 

safety margin from unintentional flight 

into Instrument Meteorological 

Conditions. Joby suggested that 

powered-lift can be operated with 

reduced visibility and cloud separation 

minima, while still maintaining the 

same degree of safety as fixed-wing 

aircraft flying under more restrictive 

minimums. Joby recommended that the 

FAA establish special allowances for 

VFR weather minima as a function of 

the type of operation being conducted, 

such as urban air taxi service, air 

ambulance, air tours, or regional travel. 

Joby argued that the FAA should 

consider the benefits of enhanced vision 

systems to support operations in basic 

VFR minimums. 

In a group comment, AOPA, GAMA, 

HAI, NATA, NBAA, and VFS asserted 

that many powered-lift will cruise at 

speeds lower than fast helicopters, such 

as the Bell 429, Eurocopter AS365, and 

many other helicopter types, yet the 

weather minimums for those helicopters 

are not increased to the airplane 

minimums. Therefore, they contended 

that weather minimums are not based 

only on speed but also on 

maneuverability. 

Airbus Helicopters asserted that some 

powered-lift designs may have 

performance characteristics comparable 

to helicopters and are expected to 

perform emergency medical services. 

They provided that the FAA’s proposed 

approach is restrictive and could 

prevent the development of medical 

services with powered-lift. They 

recommended the FAA reconsider the 

application of these for powered-lift 

performing air ambulance operations. 

In response to Airbus Helicopters 

comment, the FAA refers Airbus 

Helicopters to the visibility 

requirements specified for air 

ambulance operations as provided in 

§ 194.306(qqq), pertaining to § 135.609. 

In the final rule the FAA made 

provisions for powered-lift conducting 

air ambulance operations to use 

visibility requirements based upon the 

mode of flight. 

In reconsidering the proposal 

requiring powered-lift to comply only 

with airplane visibility minimums, the 

FAA has carefully re-evaluated the 

purpose of the visibility regulations 

established for helicopters to help 

determine if the justification used for 

helicopters could be applied to 

powered-lift today. The FAA considered 

the commenters’ assertions that weather 

minimums are not only based on speed 

but also on the maneuverability of an 

aircraft. The FAA agrees with the 

commenters that helicopters, which 

operate at lower speeds, benefit from the 

increased maneuverability while 

maintaining safety under a less 

restrictive visibility minima. The FAA 

believes powered-lift operating in the 

vertical-lift flight mode will benefit from 

increased maneuverability. The FAA 

has concluded that, when a powered-lift 

is operating in the vertical-lift flight 

mode at a speed that allows the pilot to 

see and avoid any other air traffic or any 

obstructions in time to avoid a collision, 

a lower visibility minimum can be used 

without any degradation of safety. 

Therefore, the FAA will incorporate a 

change from the visibility minimums 

proposed in § 194.307(ee) of the NPRM 

by allowing powered-lift operating in 

the vertical-lift flight mode to comply 

with the helicopter visibility minimums 

of 1⁄2 mile during the day and 1 mile at 

night. This provision is adopted at 

§ 194.306(pp). This lower visibility 

minimum will be limited to VFR at an 

altitude of 1,200 feet or less above the 

surface or within the lateral boundaries 

of the surface areas of Class B, Class C, 

Class D, or Class E airspace designated 

for an airport. Powered-lift seeking to 

use the helicopter visibility minimums 

must be operated at a speed that allows 

the pilot enough time to see and avoid 

any other air traffic, or any obstructions 

in time to avoid a collision. All 

powered-lift operating in the wingborne flight mode, and those operating 

in the vertical-lift flight mode which 

cannot be operated at a speed that 

allows the pilot enough time to see and 

avoid any other air traffic or any 

obstructions to avoid a collision, must 

comply with the airplane visibility 

minimums prescribed in § 135.205(a). 

The FAA will adopt the proposed 

§ 194.307(ee) as amended, though due to 

renumbering, it is being adopted as 

§ 194.306(oo). 

Section 135.207 outlines helicopter 

surface reference requirements under 

VFR. The FAA anticipates that 

powered-lift will be equipped with 

advanced technologies and flight 

instrumentation that will provide 

adequate situational awareness as well 

as an ability to maintain positive control 

of an aircraft in lower light and 

visibility situations. The FAA proposed 

in § 194.308(h) that § 135.207 will only 

apply to powered-lift that do not have 

the flight instrumentation listed in 

§ 135.159 installed and operable. This 

will ensure that the pilot can safely 

control a powered-lift that is 

manufactured without flight 

instruments required by § 135.159. 

The FAA received two comments on 

proposed § 194.308(h), one from AWPC 

and one from GAMA. AWPC suggested 

that the title of § 135.207 should be 

amended to ‘‘Helicopters and poweredlift surface reference requirements.’’ For 

the text of § 135.207, AWPC suggested 

that the phrase ‘‘or powered-lift’’ be 

added after ‘‘no person may operate a 

helicopter.’’ 

GAMA recommended that the FAA 

should use the ICAO guidance provided 

for helicopters most of the time. Similar 

to AWPC, GAMA placed the term 

powered-lift alongside helicopter for 

§ 135.207 in their recommendation for 

the FAA to follow ICAO. The change 

suggested by AWPC and GAMA for 

§ 135.207 is too restrictive and would 

prohibit powered-lift from flying VFR 

over the top, or at night without visual 

surface references, even when a 

powered-lift has the instruments 

specified in § 135.159 to conduct the 

operation safely. As stated in the NPRM, 

the FAA anticipates that powered-lift 

that are equipped with advanced 

technologies and flight instrumentation 

will provide adequate situational 

awareness as well as an ability to 

maintain positive control of an aircraft 

in lower light and visibility situations. 

The FAA will adopt the proposed rule 

as final, though due to renumbering, it 

is being adopted as § 194.306(qq). 

Section 135.209(a) requires airplanes 

to have enough fuel supply under VFR, 

considering wind and forecast weather 

conditions, to reach the first point of 

intended landing at normal cruise fuel 

consumption and then fly after that 

point for 30 minutes. At night, this 

requirement increases to 45 minutes 

past the first point of intended landing. 

Section 135.209(b) states that 

helicopters must have enough fuel to fly 

to the first point of intended landing, 

considering wind and forecast weather 

conditions, and enough fuel to fly after 

that for at least 20 minutes regardless of 

day or nighttime. 

In the NPRM, the FAA proposed in 

§ 194.307(ff) to require powered-lift to 

adhere to the fuel reserves set forth in 

§ 135.209(a). This is because poweredlift will likely conduct cruise operations 

in configurations similar to airplanes, 

while they will conduct takeoff and 

landing operations in a manner similar 

to helicopters. Because powered-lift will 

predominately use wing-borne flight 

during cruise, similar to airplanes, the 

FAA anticipates that some powered-lift 

would have the potential to fly at higher 

altitudes and speeds. Additionally, 

some powered-lift may require more 

surface area to conduct a landing than 

a helicopter, thereby reducing the 

number of available unplanned landing 


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sites, and would benefit from the 

additional fuel reserves required for 

airplanes. 

There were 15 comments received for 

§ 194.307(ff). The FAA received 

comments from two commenters that 

agreed with the FAA proposal and 

thirteen commenters that disagreed and 

wanted the FAA to apply requirements 

other than those specified for airplanes. 

An anonymous commenter agreed 

with the FAA’s proposal, noting that 

battery-powered aircraft should have the 

same energy ‘‘fuel’’ reserves as other 

propeller or jet aircraft, 30 minutes 

during the day and 45 minutes at night. 

The commenter pointed out that 

weather can be unpredictable. This 

commenter provided an anecdote from 

their own experience when flying on the 

Bay area side of the Pacific Coast 

mountains. During a flight, by the time 

the commenter saw the fingers of fog 

coming through the mountain passes 

from the Pacific Coast they barely had 

enough time to get back to Palo Alto 

airport, fly a landing pattern, and still 

land in VFR. Additionally, the 

commenter pointed out that un-forecast 

winds could exceed the capability of the 

powered-lift to land at a vertiport 

located on top of a building, thus 

requiring a diversion to another 

location, meriting extra reserves. 

The Advanced Air Mobility Institute 

suggested the FAA consult with the 

Department of Defense to determine 

powered-lift fuel requirements. 

Electra.aero supported the FAA’s 

rationale and decision to apply airplane 

fuel reserve requirements to eVTOL 

aircraft. Electra.aero pointed out that 

operations in the National Airspace 

System (NAS) require margin, which 

can only come from appropriate 

reserves to allow for unexpected 

circumstances. Electra.aero also noted 

that electric energy storage technologies 

still have significant uncertainties 

which warrant this more conservative 

approach until sufficient operational 

experience is achieved. 

Archer believed that the application 

of airplane fuel reserves to the poweredlift category is inappropriate and argues 

that the FAA is failing to consider the 

unique operational capabilities of 

powered-lift that are able to take off and 

land vertically. Archer pointed out that 

there is limited range and endurance 

inherent in battery electric propulsion. 

Archer urged the FAA to consider 

regulations that will enable approvals of 

performance-based fuel reserves tailored 

specifically for those eVTOL poweredlift seeking certification. 

Archer further argued that aircraft 

certification should inform the decision 

on fuel reserves rather than operational 

data. For example, Archer noted that, 

while helicopters have multiple singlepoint-of-failure vulnerabilities, their 

own ‘‘Midnight’’ aircraft has no singlepoint-of-failure vulnerabilities, a 

reliability Archer feels should also be 

recognized in the determination of 

reserve fuel. 

Archer pointed out that existing 

airplane fuel reserve regulations in part 

91 and 135 would permit, as an 

example, an aircraft operating a 3,000 

nm, 5-hour flight, with a requirement to 

land on runways in excess of 5,000′ in 

length, to carry just 30 minutes of 

reserve fuel. Archer said this should not 

be the standard applied to an aircraft 

anticipated to typically operate less than 

50 nm, 20-minute flights. 

In order to recognize the unique, 

short-range operating environment 

anticipated by powered-lift eVTOLs, 

Archer recommended a regulation that 

can follow long-standing precedent of 

the fuel reserve OpSpecs that are 

utilized by many part 121 air carriers. 

Archer argued that this data-driven fuel 

planning would recognize that eVTOLs 

operating on very short stage lengths are 

likely to be able to demonstrate, with 

data, consistency in operations that 

enable lower fuel reserves with 

equivalent levels of safety. 

Archer recommended that the FAA 

adopt language in part 194 that will 

allow for Performance Based 

Contingency Fuel (PBCF) approvals for 

part 135 based on operational data. 

CAE asserted that the FAA has failed 

to consider powered-lift characteristics 

and their operating environment. CAE 

noted that airplanes require longer fuel 

reserves because they might have to fly 

a farther distance to reach a suitable 

landing site, while helicopters are 

afforded the advantage of shorter fuel 

reserves because they are capable of 

landing in smaller locations. According 

to CAE, the same is true for poweredlift, which can land in a vertical mode 

at the same types of locations as 

helicopters. 

Additionally, CAE argued that the 

proposed SFAR prescriptive time-based 

requirements do not consider each 

individual aircraft’s performance-based 

capabilities when determining fuel 

reserves. CAE then suggested that the 

FAA should apply ICAO Document 

10103 when assessing operational rules, 

as an application of the ICAO guidance 

would result in helicopter fuel reserve 

regulations being applied to poweredlift. Additionally, CAE proffered that the 

FAA should allow operators and 

manufacturers to seek waivers or 

exemptions based on the performance of 

their powered-lift. 

AWPC argued that powered-lift 

capable of VTOL should be allowed to 

use helicopter VFR fuel reserves and 

that powered-lift authorized to utilize 

copter procedures should be allowed to 

use helicopter IFR fuel reserves. AWPC 

stated that this recommendation aligns 

with ICAO Document 10103, which 

they argue supports applying helicopter 

fuel reserves to powered-lift such as the 

AW609 Tiltrotor. AWPC argued that a 

performance-based approach to the fuel 

reserve requirements for their own 

AW609 Tiltrotor is appropriate based on 

its capabilities consistent with 

helicopters and confirmed by the 

empirical data from the V–22 

operations. AWPC believed that 

applying the helicopter fuel reserves to 

their powered-lift likely would exceed 

the level of safety of existing helicopters 

and airplanes. 

Eve stated that, while the FAA 

acknowledges that powered-lift 

operations seem to be more aligned with 

the type of missions helicopters operate, 

the FAA still disregards the rotorcraft 

fuel reserve requirements of 20-minute 

regardless of whether the operation 

occurs during the day or night. Eve 

argued that the FAA has opted for a 

much more conservative approach 

without considering the performancebased capabilities of powered-lift to be 

operated in urban environment. Eve 

recommended considering appropriate 

operational requirements applied for 

energy reserve based on the design and 

performance capabilities of each 

individual certified powered-lift. Eve 

further recommended that the FAA 

consider alignment with ICAO 

Document 10103 guidance to meet the 

existing operational safety level applied 

for helicopters and airplanes. 

Eve recommended for the SFAR that 

the FAA introduce more practical, 

performance-based energy reserve 

requirements applied for planned routes 

and consider the type of energy used by 

the powered-lift relating to the 

operation applied for each type of 

aircraft (shorter range, alternate landing 

sites, energy capacity, performance 

capabilities). Eve provided an example 

of their concept for ‘‘Alternative Energy 

Reserve Requirement,’’ which includes 

a specific risk mitigation assessment. 

Eve’s proposed specific risk mitigation 

assessment would include at a 

minimum, certified energy consumption 

data provided by the manufacturer, 

energy planning and in-flight 

replanning, the selection of alternate 

landing sites, and in-flight energy 

management.’’ 

Lilium stated that the FAA’s proposed 

requirement will create obstacles to 

market success for eVTOL powered-lift 


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415 General Aviation Manufacturers Association, 

Managing Range and Endurance of Battery-Electric 

Aircraft (2023), gama.aero/wp-content/uploads/ 

Managing-Range-and-Endurance-of-BatteryElectric-Aircraft_v1–1.pdf. 

operators. Lilium recommended a more 

flexible approach that allows poweredlift and part 135 commercial operators 

meeting specific performance 

requirements to utilize performancebased and/or helicopter reserve 

requirements. Lilium believed that the 

necessary aircraft performance criteria 

could be determined during aircraft 

certification and type rating evaluation 

processes. Lilium also believed the 

performance-based requirements 

combined with the appropriate operator 

requirements and evaluations can 

provide a safer and more appropriate 

reserve solution for certain powered-lift. 

Lilium suggested taking cues from 

EASA, which is adopting a 

performance-based approach. Lilium 

suggested similarly embracing modern 

and sophisticated energy planning 

standards that surpass the FAA’s 

adoption of airplane standards rooted in 

1950–70s technology. Lilium proposed 

allowing operators who comply with 

EASA’s proposed performance 

standards to adopt those standards for 

U.S. operations, thus enabling the use of 

EASA-approved performance-based 

reserve requirements. 

Lilium supported the system 

framework and concepts outlined in an 

upcoming GAMA white paper 415 and 

asserts it should be adopted by the FAA 

as an alternative to what Lilium sees as 

overly strict airplane fuel reserve 

requirements. Alternatively, Lilium 

suggested that the FAA consider 

applying the 20-minute VFR fuel reserve 

requirements for helicopters to 

powered-lift or have available a 

performance-based fuel reserve 

requirement that would be approved by 

the FAA, in lieu of airplane 

requirements. Lilium believed such an 

approach, combined with the 

appropriate aircraft equipment and 

operator capabilities, would better serve 

the unique operational needs of 

powered-lift. 

BETA asserted the FAA’s proposal of 

the existing airplane VFR and IFR 

reserve requirements is overly 

burdensome for powered-lift that may 

only be capable of short duration flights 

and does not consider the variability in 

required energy reserves for electric 

propulsion powered-lift based on the 

planned flight profile and landing type. 

BETA recommended the FAA add an 

option for a performance-based fuel 

reserve that can be determined based on 

the capability of the aircraft and the 

intended flight plan because they 

asserted the safety intent of the fuel 

reserve requirement can be met by using 

those parameters. 

BETA argued that the initial certified 

electric propulsion powered-lift will 

likely have range capability below 

traditionally fueled aircraft of the same 

size and capability due to current 

technology limitations in energy storage. 

BETA also believed for short duration 

flights the existing airplane reserve 

requirements may represent carrying 

more than double the required energy 

for a VFR mission and triple the energy 

required for an IFR mission. BETA 

argued that this is a disproportionately 

heavy burden when compared to the 

performance impact of the same reserve 

on traditional aircraft using standard 

aviation fuels. BETA further stated that 

the FAA’s proposed fuel reserve does 

not provide a commensurate increase in 

safety that balances the reduction in 

usefulness of the aircraft. 

According to BETA, for electric 

propulsion aircraft, the rate of energy 

consumption is significantly higher 

during vertical flight operations like 

takeoff and landing and is not generally 

proportional to duration of flight or 

distance flown. BETA also mentioned 

that electric propulsion powered-lift 

will have variable energy reserve needs 

based on the planned flight profile. 

The Vertical Aerospace Group stated 

the 30-minute energy reserve 

requirement for day VFR operation is 

overly conservative and fails to consider 

the unique operating characteristics of 

powered-lift, which are capable of 

vertical landings and performing 

approach and go-around maneuvers in 

low-speed thrust-borne mode, allowing 

more flexibility in emergency 

conditions. 

The Vertical Aerospace Group argued 

that the proposed reserve requirement 

will hinder the development of the 

powered-lift industry in the United 

States. According to the Vertical 

Aerospace Group, eVTOLs are primarily 

designed for short distances, such as 

urban air mobility operations, and 

applying fuel reserve requirements for 

airplanes, which often undertake longer 

cross-country flights, is not aligned with 

the typical mission profiles of poweredlift eVTOLs and could hinder growth of 

this emerging sector. 

Given the variation of aircraft designs 

within the powered-lift category, the 

Vertical Aerospace Group encouraged 

the FAA to take a performance-based 

approach, setting fuel requirements 

based on the performance and the type 

of operation of the specific aircraft, 

allowing for a more tailored approach in 

which the overall design, operational 

profile, and safety requirements of the 

aircraft are considered. In addition, the 

Vertical Aerospace Group stated that 

such an approach would be in line with 

other regulators such as EASA 

supporting greater regulatory 

harmonization. 

GAMA argued the approach to use 

airplane requirements for many of the 

operational rules does not consider that 

many powered-lift have performance 

capabilities similar to rotorcraft. GAMA 

further stated that the application of 

prescriptive operating rules without 

consideration for vehicle performance 

reduces the usefulness of powered-lift. 

GAMA strongly recommended the FAA 

consider the diverse capabilities of 

powered-lift and mentions that the 

broad diversity for the blanket 

application of airplane rules is not 

suitable for accommodating the unique 

design characteristics of these new 

aircraft. 

According to GAMA, the distinct 

performance capabilities of powered-lift 

significantly impact their flight 

operations, fuel consumption, and the 

ability to respond to varying weather 

conditions and other unexpected 

circumstances that would drive a 

reserve requirement. GAMA noted that 

the ability for powered-lift to engage in 

vertical takeoff and landing means 

powered-lift can avoid lengthy 

diversions often required of fixed-wing 

aircraft to find suitable runways in 

emergency or uncertain conditions, thus 

reducing the need for prolonged extra 

reserve fuel. GAMA further stated that 

the ability to hover, decelerate rapidly, 

and maneuver at low speeds allows both 

helicopters and powered-lift to safely 

operate in conditions of reduced 

visibility, further justifying a reduced 

fuel reserve requirement. 

GAMA believed a performance-based 

energy reserve concept has the same 

overarching objective as the prescriptive 

time-based reserve approach, which is 

to ensure a safe landing. According to 

GAMA, the FAA could assess the energy 

capabilities of each powered-lift in 

order to determine the performancebased energy reserve. 

Joby argued that the FAA should 

amend their part 194 requirements to 

specify fuel reserves for powered-lift to 

align with today’s requirements for 

helicopters. Joby stated that powered-lift 

share unique performance capabilities 

with helicopters, which differentiates 

them from traditional fixed-wing 

aircraft. Joby argued that these 

capabilities mean powered-lift can 

sidestep extensive detours to locate 

appropriate runways during 

emergencies or uncertain situations, 

thereby decreasing the necessity for 

extended reserve energy. According to 


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Joby, the proficiency to hover and 

navigate at low velocities permits 

helicopters and powered-lift to function 

in reduced visibility scenarios. 

Considering these abilities, powered-lift 

are often able to land in environments 

where conventional aircraft would be 

compelled to divert, further endorsing 

the case for equivalency with respect to 

reserve energy. 

Joby noted that an electric poweredlift, when being dispatched, might be 

required to carry a more significant 

portion of its energy reserve under the 

proposed regulation compared to 

conventionally fueled aircraft and might 

be restricted from commencing flights 

merely because of disproportionate 

energy reserve mandates. 

AOPA, GAMA, HAI, NATA, NBAA, 

and VFS provided a comment as a 

single document submitted by NBAA. 

These organizations stated they believe 

the FAA failed to consider the 

characteristics powered-lift and their 

operating environment by unilaterally 

applying airplane fuel reserves to all 

powered-lift. They also stated that 

airplanes require longer fuel reserves 

because they might have to fly a farther 

distance to reach a suitable landing site, 

while helicopters are afforded the 

advantage of shorter fuel reserves 

because they are capable of landing in 

smaller locations. The same should hold 

true of powered-lift, which can land in 

a vertical mode at the same types of 

locations as helicopters. These 

commenters recommended the FAA 

consider the capabilities of powered-lift 

and apply ICAO Document 10103 to its 

assessment of operational rules. This 

will allow for international 

harmonization and for aircraft to best 

utilize each aircraft’s capabilities. The 

group also mentioned that if the FAA 

does not allow blanket permission for 

powered-lift to utilize helicopter 

operational rules while in vertical flight 

mode, the FAA should provide a 

pathway for an operator or manufacturer 

to seek approval or authorization to 

adopt the alternate rule. 

Like several other commenters, 

L3Harris stated that the FAA should 

utilize ICAO Document 10103. Specific 

to the fuel requirements, L3 Harris 

suggests the FAA add a specific section 

to the SFAR that specifies fuel reserve 

requirements for both VFR and IFR 

operations. 

An individual commenter asserted the 

FAA SFAR is far too conservative on 

operational guidance and that the FAA 

fails to understand the performance 

capability of powered-lift. The 

commenter indicated they have flown 

powered-lift for 11 years and indicated 

that having the flexibility to use 

helicopter regulations and operating 

procedures has ensured their ability to 

safely complete the mission and care for 

the crew and passengers. 

The FAA has considered the many 

comments requesting the FAA to allow 

powered-lift to use the helicopter VFR 

fuel minimums. In response, the FAA 

has decided to provide some relief from 

the VFR fuel supply requirements the 

FAA originally proposed in the NPRM 

for powered-lift when the aircraft has 

the performance capability to always 

conduct a landing in the vertical-lift 

flight mode along the entire route of 

flight. The FAA has considered the 

hybrid nature of a powered-lift and its 

ability to operate similar to a helicopter 

or an airplane, depending on the mode 

of flight in which it is being operated. 

The FAA acknowledges that, when a 

powered-lift can conduct a landing in 

the vertical-lift flight mode, which 

enables it to land in areas similar to 

what a helicopter requires, there will be 

more landing sites available to the 

powered-lift as compared to airplanes. 

Therefore, the FAA will allow a 

powered-lift to use the VFR helicopter 

fuel minimums when they are able to 

conduct a landing in the vertical-lift 

flight mode. This provision would not 

prevent a powered-lift from operating in 

the wing-borne flight mode but will 

require the powered-lift to have the 

performance capability, as detailed in 

the AFM, to conduct a landing in the 

vertical-lift flight mode along the entire 

route of flight. 

This will provide powered-lift 

operational flexibility without a 

degradation of safety, as there is a long 

history of helicopter operations using 

the 20-minute fuel reserve requirement. 

When using this provision, a person 

must consider any landing performance 

data that enables a landing in the 

vertical-lift flight mode, including 

taking into consideration the energy 

requirements to successfully complete a 

descent and landing in the vertical-lift 

flight mode from the altitude they plan 

to use. There may be performance 

requirements or limitations contained in 

the AFM that would prevent a poweredlift from conducting a landing in the 

vertical-lift flight mode, such as a 

landing weight limitation, thereby 

requiring the use of the airplane fuel 

supply requirements of § 135.209(a). 

In the comments, the FAA received 

requests from manufacturers that are 

developing aircraft with a nontraditional fuel supply, such as battery 

powered, to allow fuel requirements 

other than the prescriptive airplane or 

helicopter VFR fuel supply 

requirements. The FAA has decided to 

adopt a deviation process as an 

alternative pathway to the VFR fuel 

supply requirements. The FAA 

concluded that the deviation process 

could maintain the level of safety 

provided by § 135.209 and be beneficial 

to those powered-lift using nontraditional fuel sources. In order to 

maintain this level of safety, the FAA 

has determined a deviation will be 

available only to those powered-lift 

operating over specific routes that have 

predetermined suitable landing areas 

available. A suitable landing area under 

§ 194.306(rr) and (ss) is an area that 

provides the operator reasonable 

capability to land without causing 

undue hazard to persons or property. 

These suitable landing areas must be 

site-specific, designated by the operator, 

and accepted by the FAA. This will 

ensure that any operation conducted 

with less than the prescriptive VFR fuel 

supply minimums will be conducted 

under a controlled environment. The 

controlled environment will incorporate 

pre-determined suitable landing areas 

that are known by the pilot in advance 

and be based upon the specific route 

being flown along with the VFR fuel 

reserve specified in minutes. The FAA 

will evaluate each certificate holder’s 

deviation request to determine if the 

proposed operation will maintain an 

equivalent level of safety as currently 

provided in the prescriptive rule. The 

authorization to use this deviation 

would be granted to the certificate 

holder via Operations Specifications 

(OpSpecs). In response to Archer’s point 

on operational data being determined 

during aircraft certification, the FAA 

notes that the fuel reserve requirements 

are based upon the operational rules in 

which the flight is conducted and, 

unlike Archer alleged, are not 

determined during aircraft certification. 

Archer also mentioned that, while 

helicopters have multiple single-pointof-failure vulnerabilities, Archer’s 

‘‘Midnight’’ aircraft has none, a 

reliability Archer believed should also 

be recognized in the determination of 

reserve fuel. In response to this 

comment, the FAA states reliability is 

not a consideration for the fuel 

requirements of this rule. The FAA also 

disagrees with Archer’s assertion that 

fuel reserve requirements should vary 

based upon the range of the aircraft. The 

FAA has consistently held that fuel 

reserve requirements do not vary based 

upon the range of the aircraft. 

The FAA also disagrees with Eve’s 

assertion that the FAA should consider 

appropriate operational requirements 

applied for energy reserve based on the 

design and performance capabilities of 

each individual certified powered-lift. 


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Fuel reserve requirements are based 

upon the operational rules in which the 

flight is conducted and are not based 

upon an aircraft’s individual design or 

performance capability. 

BETA also mentioned that electric 

propulsion powered-lift will have 

variable energy reserve needs based on 

the planned flight profile. The FAA 

does agree with BETA’s assertion that 

fuel reserve requirements are not 

entirely based upon the duration of 

flight or distance flown. All operators 

must take into consideration the energy 

requirements based upon their entire 

planned flight including any extra 

energy requirements for vertical-lift 

flight operations. The FAA disagrees 

with BETA’s argument that the variable 

energy reserve should be based upon the 

planned flight profile without any kind 

of mitigations to ensure the continued 

safety of the operation. However, as 

discussed above, the FAA is providing 

a pathway, through deviations, for a 

reserve amount less than the 

prescriptive airplane or helicopter fuel 

reserve minimums. 

In response to the Vertical Aerospace 

Group’s comments, the FAA notes that 

fuel reserves are based upon time to 

enable a pilot to take corrective/ 

alternative action, not on the type of 

energy used to propel the aircraft. 

Therefore, time is the factor for fuel 

reserve planning, and that time 

computes into a specific quantity of fuel 

or energy remaining, based upon the 

fuel/energy usage of the aircraft. 

In response to the Advanced Air 

Mobility Institute’s comment, the FAA 

asserts that commercial flight operations 

do not have the same level of acceptable 

risk as Department of Defense 

operations. Therefore, using the 

Department of Defense VFR fuel 

requirements would not be the 

benchmark for setting the VFR fuel 

requirements for powered-lift in part 

135 operations. 

In conclusion, the FAA will require a 

powered-lift unable to land in the 

vertical-lift flight mode along the entire 

route to have 30 minutes fuel reserve 

during the daytime and 45 minutes 

during nighttime, as outlined in 

§ 135.209(a). The FAA will add a 

provision enabling powered-lift that are 

continuously capable of conducting a 

landing in the vertical-lift flight mode 

along the entire route of flight to use 20 

minutes of fuel reserve, as outlined in 

§ 135.209(b). This provision is adopted 

at § 194.306(ss). Additionally, the 

Administrator may authorize deviations 

from the airplane or helicopter 

prescriptive fuel reserve requirements 

for powered-lift operations on specific 

routes that have one or more 

predetermined suitable landing areas, if 

the FAA finds the operation can be 

conducted safely. The FAA will adopt 

the proposed § 194.307(ff) as amended, 

though due to renumbering, it is being 

adopted as § 194.306(rr). 

Section 135.221 provides the 

requirements for alternate airport 

weather minimums. Per § 135.221(a), no 

person operating an aircraft other than 

rotorcraft may designate an alternate 

airport unless the weather reports or 

forecasts indicate the weather 

conditions will be at or above 

authorized alternate airport landing 

minimums for that airport at the 

estimated time of arrival. Section 

135.221(b) provides alternate airport 

weather minimums for rotorcraft. 

The FAA notes that powered-lift will 

likely spend the majority of flight time 

in wing-borne flight and cruise at higher 

altitudes with the potential for higher 

speeds than rotorcraft. As such, the FAA 

proposed the rules for rotorcraft in 

§ 135.221(b) will not apply to poweredlift. 

The FAA received four comments on 

the FAA’s proposal to apply the 

requirements of § 135.221(a) to 

powered-lift and not permit poweredlift to use the provisions of § 135.221(b). 

AWPC argued that their AW609 

Tiltrotor, is capable of VTOL, can 

conduct copter instrument approaches, 

and has an endurance comparable to 

helicopters. AWPC noted the AW609 

Tiltrotor can conduct copter instrument 

approaches as well as meet the 

requirements for copter procedures as 

defined in § 97.3 (allow for reduced 

visibility minimums). As such, AWPC 

argued that their powered-lift should be 

subject to a performance-based IFR 

alternate airport weather minima 

requirement. 

Lilium believed that the safe use of 

helicopter flight rules for powered-lift 

can be evaluated during aircraft 

certification and/or the type rating 

evaluation process. Lilium 

recommended that the FAA adopt a 

similar comprehensive and risk-based 

approach as suggested by Lilium for 

altitude requirements in order to 

evaluate the capabilities and 

performance of each individual 

powered-lift to safely operate under 

helicopter IFR. 

While GAMA did not specifically 

address § 135.221, GAMA 

recommended that the FAA consider 

the capabilities of powered-lift rather 

than adopting what GAMA 

characterized as a ‘‘blanket application’’ 

of airplane rules. GAMA generally 

supported the FAA adopting 

performance-based operating 

regulations for powered-lift and points 

to ICAO Document 10103 as a source of 

guidance. 

In response to the comments received, 

the FAA made changes to the original 

proposal and will add regulatory text at 

§ 194.306(tt) to allow powered-lift to 

have the ability to use the rotorcraft 

alternate airport weather minimums 

specified in § 135.221(b), provided the 

powered-lift has the authorization to 

conduct copter procedures and can land 

in the vertical-lift flight mode, as 

provided in the AFM. 

A powered-lift will only be 

authorized to utilize copter procedures 

if they are able to fly at the slower 

airspeeds necessary to conduct those 

procedures. Powered-lift that are unable 

to meet the requirements for copter 

procedures will be required to use 

standard approach procedures and 

therefore the alternate airport 

minimums specified for aircraft in 

§ 135.221(a). During aircraft 

certification, the FAA will assess the 

aircraft’s stability, system, and equipage 

for IFR operations. A powered-lift that 

does not possess these characteristics 

may still be certificated for IFR but will 

be prohibited from performing copter 

procedures and have a limitation in the 

AFM to that effect. Those powered-lift 

would not be authorized to use the 

rotorcraft option and would be required 

to use the IFR alternate airport 

minimums specified for aircraft. This 

requirement is adopted at § 194.306(tt). 

When taking into consideration 

whether a powered-lift can land in the 

vertical-lift flight mode, a person must 

consider any landing performance data 

contained in the AFM that enables the 

aircraft to conduct a landing in the 

vertical-lift flight mode. There may be 

performance requirements or limitations 

contained in the AFM that would 

prevent a powered-lift from conducting 

a landing in the vertical-lift flight mode, 

such as a landing weight limitation, 

thereby requiring a person to use the 

IFR alternate airport minimums 

specified for aircraft in § 135.221(a). 

In response to Lilium’s comment 

about establishing operational rules 

during aircraft certification, the FAA 

disagrees with Lilium. During the 

certification process, an applicant 

should have an understanding of the 

requirements of the rules in which they 

wish to market their aircraft and design 

them accordingly. 

Section 135.223(a) requires aircraft 

other than helicopters to carry a 45- 

minute fuel reserve. Section 

135.223(a)(3) requires a fuel reserve for 

helicopters of at least 30 minutes. In the 

NPRM, the FAA proposed to retain the 

45-minute fuel reserve requirement 

specified for aircraft for powered-lift 


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Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92439 

and did not apply the less restrictive 

helicopter fuel reserve requirement set 

forth in § 135.223(a)(3). 

The FAA received one comment in 

support of and twelve comments 

opposing the FAA’s proposal to apply 

§ 135.223(a)(3). 

An anonymous commenter agreed 

with the FAA’s proposal noting that 

battery-powered aircraft should have the 

same energy ‘‘fuel’’ reserves as other 

propeller or jet aircraft, 30 minutes at 

day and 45 minutes at night, and 45 

minutes IFR reserve plus ‘‘fuel’’ or 

battery power to fly to an alternate 

airport and conduct the approach if 

necessary. 

Archer believed that the application 

of airplane fuel reserves to the poweredlift category is inappropriate, and that 

the FAA is failing to consider the 

unique operational capability of a 

powered-lift’s ability to take off and 

land vertically. Archer urged the FAA to 

consider regulations that will enable 

approvals of performance-based fuel 

reserves tailored specifically for those 

eVTOL powered-lift seeking 

certification. 

According to Archer, in order to 

recognize the unique, short-range 

operating environment anticipated by 

powered-lift eVTOLs, they recommend 

a regulation that can follow longstanding precedent of the fuel reserve 

OpSpecs that are utilized by many part 

121 air carriers. This data-driven fuel 

planning would recognize that eVTOLs 

operating on very short stage lengths are 

likely to be able to demonstrate, with 

data, consistency in operations that 

enable lower fuel reserves with 

equivalent levels of safety. Archer 

recommended that the FAA adopt 

language in part 194 that will allow for 

Performance Based Contingency Fuel 

(PBCF) approvals for part 135 based on 

operational data. 

The Advanced Air Mobility Institute 

suggested the FAA consult with the 

Department of Defense to determine 

powered-lift fuel requirements. 

As stated above, CAE provided 

comments on fuel reserves 

distinguishing between the varying 

characteristics and differences between 

airplanes and powered-lift. CAE also 

recommended that the FAA should 

provide an alternate pathway for an 

operator or manufacturer to obtain 

approval for a different fuel reserve 

minimum. 

AWPC argued that powered-lift 

capable of VTOL should be allowed to 

use helicopter VFR fuel reserves. 

Eve recommended considering 

appropriate operational requirements 

applied for energy reserve based on the 

design and performance capabilities of 

each individual certified powered-lift. 

Eve recommended that the FAA 

consider alignment with ICAO 

Document 10103 guidance to meet the 

existing operational safety level applied 

for helicopters and airplanes. 

Eve recommended that the FAA 

introduce more practical, performancebased energy reserve requirements 

applied for planned routes and consider 

the type of energy used by the poweredlift relating to the operation applied for 

each type of aircraft. 

Lilium recommended that the FAA 

adopt appropriate regulatory 

amendments to provide flexibility for 

certificate holders to operate poweredlift under helicopter instrument 

requirements where it has been 

determined appropriate and approved 

by the Administrator. 

BETA asserted that the FAA’s 

adoption of the existing airplane VFR 

and IFR reserve requirements is overly 

burdensome for powered-lift that may 

only be capable of short duration flights 

and fails to consider the variability in 

required energy reserves for electric 

propulsion powered-lift based on the 

planned flight profile and landing type. 

The Vertical Aerospace Group 

asserted that the 30-minute energy 

reserve requirement for day VFR 

operation is overly conservative and 

that the FAA failed to consider the 

unique operating characteristics of 

powered-lift and access to powered-lift 

would be limited. It also alleged that 

powered-lift are capable of vertical 

landings and performing approach and 

go-around maneuvers in low-speed 

thrust-borne mode, allowing more 

flexibility in emergency conditions. 

Vertical Aerospace Group also stated 

that the FAA should recognize that 

electric powered-lift have 

fundamentally different energy densities 

and limitations compared to traditional 

aviation fuel and the FAA should take 

this into consideration in setting the 

appropriate requirements. Powered-lift 

are primarily designed for short distance 

urban air mobility operations, and 

applying fuel reserve requirements for 

airplanes is not aligned with the typical 

mission profiles of these aircraft. It also 

asserted that electric propulsion systems 

offer a markedly higher precision in 

remaining energy indication compared 

to traditional turbine engines. This 

enhanced precision makes a time-based 

approach to energy-reserves limiting 

and fails to capitalize on the real-time, 

high-fidelity data that will be available 

for more precise energy management. 

Vertical Aerospace Group encouraged 

the FAA to take a performance-based 

approach, setting fuel requirements 

based on the performance and the type 

of operation of the specific aircraft. 

According to Vertical Aerospace Group, 

this will allow for a more tailored 

approach in which the overall design, 

operational profile, and safety 

requirements of the aircraft are taken 

into account. In addition, such an 

approach would be in line with other 

key regulators, such as EASA, 

supporting the collective ambition for 

greater regulatory harmonization. 

GAMA stated that the approach to use 

airplane requirements for many of the 

operational rules does not consider that 

many powered-lift have performance 

capabilities similar to rotorcraft. GAMA 

further asserted that the application of 

prescriptive operating rules without 

consideration for the vehicle 

performance reduces the usefulness of 

powered-lift. GAMA strongly 

recommended that the FAA consider 

the diverse capabilities of powered-lift 

and mentions that the broad diversity 

for the blanket application of airplane 

rules is not suitable for accommodating 

the unique design characteristics of 

these new aircraft. GAMA’s comments 

submitted for this section are identical 

to the comments submitted for § 135.209 

and are cited in that section. 

GAMA also submitted an additional 

document that recommends adopting 

most of the recommendations from 

ICAO Document 10103, stating that, for 

most operating rules where the term 

helicopter is used, powered-lift should 

also fit. The exception would extend 

certain operating rules applicable to 

airplanes to powered-lift, such as over 

water operations and oxygen 

requirements. GAMA recommended 

using operational concepts for some 

electric powered-lift that may be 

supported by performance-based fuel/ 

energy reserves as an alternative to 

current time-based concepts. They 

stated that this approach would allow 

for adequate mission-specific energy 

reserves without lowering today’s 

established safety levels and thus 

eliminate the need for recurring 

exemptions. 

Joby stated the FAA should amend 

their part 194 requirements that specify 

fuel reserves for powered-lift to align 

with today’s requirements for 

helicopters. Joby stated that powered-lift 

share unique performance capabilities 

with helicopters, which differentiates 

them from traditional fixed-wing 

aircraft. Joby argued that, under the 

proposed regulation, an electric 

powered-lift might be required to carry 

a more significant portion of its energy 

reserve compared to conventionally 

fueled aircraft. Joby’s comments are 

identical to their comments for 

§ 135.209 and are cited in that section. 


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416 51 FR 40710 (November 7, 1986). 

AOPA, GAMA, HAI, NATA, NBAA, 

and VFS provided a comment as a 

single document submitted by NBAA. 

They believed the FAA failed to 

consider the characteristics powered-lift 

and their operating environment by 

unilaterally applying airplane fuel 

reserves to all powered-lift. They 

asserted that powered-lift should be 

permitted to utilize helicopter fuel 

reserves since powered-lift are capable 

of landing like helicopters. AOPA, 

GAMA, HAI, NATA, NBAA, and VFS 

comments are identical to their 

comments for § 135.209 and are cited in 

that section. 

L3Harris Commercial Aviation 

Solutions—Advanced Air Mobility 

asserted the FAA’s NPRM for poweredlift does not align with ICAO. L3Harris 

recommended that the FAA clarify the 

framework for powered-lift utilizing 

ICAO Document 10103. 

In response to the commenters such 

as Archer, CAE, LTDA/Eve, Lilium, 

GAMA, Joby, and NBAA and their 

assertions stated above with regard to 

fuel reserves, the FAA will add an 

option to the final rule allowing 

powered-lift to use a 30-minute fuel 

reserve for IFR flight, which is the IFR 

fuel reserves specified for helicopters. 

The FAA will allow this provision only 

for those powered-lift that can use 

copter procedures and have the 

performance capability to land in the 

vertical-lift flight mode. If the poweredlift can meet those two provisions, they 

will be allowed to use the 30-minute 

fuel reserve requirement. 

A powered-lift will only be 

authorized to utilize copter procedures 

if they are able to fly at the slower 

airspeeds necessary to conduct those 

procedures, see section IV.B. part 97. 

During aircraft certification, the FAA 

will assess the aircraft’s stability, 

system, and equipage for IFR operations. 

This assessment will occur during the 

type certification process. A poweredlift design that meets the standards, 

which provides an equivalent level of 

safety to the relevant standards in parts 

27 or 29, can be certificated for IFR 

flight and authorized to execute copter 

procedures. However, a powered-lift 

may still be certificated for IFR flight 

but could be prohibited from performing 

copter procedures and have a limitation 

in the AFM to that effect. Therefore, 

those powered-lift with a limitation in 

the AFM prohibiting copter procedures 

would not be authorized to use the 30- 

minute fuel reserve option and would 

be required to use the 45-minute fuel 

reserves specified for aircraft. 

Although in the NPRM the FAA 

stated it did not have sufficient 

experience to grant relief for poweredlift fuel requirements, the FAA 

evaluated the comments received about 

how a powered-lift can have the ability 

to fly at slower airspeeds like a 

helicopter. Therefore, the FAA 

considers that the mitigations of 

requiring a powered-lift to be able to 

conduct copter procedures and always 

be able to conduct a landing in the 

vertical-lift flight mode along the entire 

flight should ensure the safety of the 

operations will be comparable to those 

conducted with helicopters. Therefore, a 

person operating a powered-lift will 

have the option to use the 30-minute 

helicopter IFR fuel reserve requirement 

when the powered-lift is authorized to 

conduct copter procedures and has the 

performance capability, as provided in 

the AFM, to always conduct a landing 

in the vertical-lift flight mode along the 

entire flight. This aligns with the 

rationale provided in the March 13, 

1985, NPRM where the FAA proposed 

to permit helicopters to use a 30-minute 

IFR fuel reserve. In that NPRM, the FAA 

asserted that helicopters, with their 

reduced IFR approach minimums 

stipulated in part 97, will have a better 

probability of completing a flight to the 

planned destination. On November 7, 

1986, the FAA codified the 30-minute 

IFR fuel reserve requirement.416

Therefore, by ensuring that a specific 

powered-lift can operate in flight at the 

reduced airspeeds required to conduct 

copter procedures, a powered-lift would 

also have a better probability of 

completing a flight to the planned 

destination and will be able to use a 30- 

minute IFR fuel reserve. 

When taking into consideration the 

performance capability to conduct a 

landing in the vertical-lift flight mode, 

a person must consider the energy 

required to successfully complete a 

descent from the altitude they plan to 

use, any required instrument or visual 

procedure, and land in the vertical-lift 

flight mode. There may be performance 

requirements or limitations contained in 

the AFM, or in any approved Minimum 

Equipment List (MEL), that would 

prevent a powered-lift from conducting 

a landing in the vertical-lift flight mode, 

such as a landing weight limitation or 

a deferred maintenance item, thereby 

requiring a person to use the 45-minutes 

of reserve fuel. 

In response to Archer’s and Eve’s 

argument related to operational data 

being determined during aircraft 

certification, the FAA notes that the fuel 

reserve requirements are based upon the 

operational rules under which the flight 

is conducted. Fuel reserve requirements 

are not determined during aircraft 

certification. 

In response to Archer’s comment 

about single-point-of-failure 

vulnerabilities, the FAA notes that 

reliability is not a consideration for the 

fuel requirements of this rule. The FAA 

does not use reliability of an aircraft 

design as a determining factor for IFR 

fuel requirements. 

Archer recommended the use of an 

Operations Specification to permit 

operators to use a lower fuel 

requirement for IFR flights. The FAA 

has determined that such an Operations 

Specification would not be in the 

interest of safety for short-haul domestic 

IFR flights. The FAA notes that 

Operations Specification B043 is only 

allowed for international flights, and the 

short haul domestic flights that Archer 

referenced in their comment is not 

within scope of what this Operation 

Specification permits. 

In response to the Vertical Aerospace 

Group, GAMA, and Joby comments on 

fuel/energy reserve, the FAA asserts the 

operational rules for IFR fuel 

requirements that are based upon time 

are appropriate. The requirement, which 

is based upon a known amount of time, 

provides a suitable safety mitigation for 

unforeseen circumstances a pilot might 

encounter during an IFR flight. Utilizing 

a time-based requirement allows a 

universal standard in which a variety of 

aircraft (whose fuel/energy consumption 

can vary by significant margins due to 

the size of the aircraft and type of 

powerplant) will have the same amount 

of time available to deal with 

unforeseen circumstances. 

Vertical Aerospace Group commented 

on electric propulsion systems offering 

a higher precision in remaining energy. 

The FAA agrees that having a highly 

precise display of remaining energy 

would be beneficial for a pilot to 

determine the amount of fuel/energy 

available. However, having an accurate 

reading of remaining fuel/energy 

onboard an aircraft is not a suitable 

replacement for the time aloft 

prescribed by the rule to deal with 

unforeseen circumstances that may 

occur during an IFR flight. 

In response to the Advanced Air 

Mobility Institute’s comment, the FAA 

asserts that commercial flight operations 

and their level of acceptable risk are not 

the same as what the Department of 

Defense would deem acceptable. 

Therefore, using the Department of 

Defense IFR fuel requirements would 

not be the appropriate benchmark for 

determining the IFR fuel requirements 

for powered-lift in part 135 operations. 

In response to the comments received, 

the FAA will allow a powered-lift the 


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417Section 135.227 references training required 

by § 135.341. Section 135.341(b) requires the 

training program for part 135 operators to include 

ground training for initial, transition, and upgrade 

training. Section 135.345 specifies the required 

content of initial, transition, and upgrade ground 

training. Specifically, § 135.345(b)(6)(iv) requires 

training on operating during ground icing 

conditions (i.e., any time conditions are such that 

frost, ice, or snow may reasonably be expected to 

adhere to the airplane), if the certificate holder 

expects to authorize takeoffs in those conditions. 

418Miscellaneous Amendments, 29 FR 2988 (Mar. 

5, 1964). 

option to use the 30-minute helicopter 

IFR fuel reserve requirement when the 

powered-lift is authorized to conduct 

copter procedures and has the 

performance capability, as provided in 

the AFM, to always conduct a landing 

in the vertical-lift flight mode along the 

entire flight. Therefore, the FAA will 

add § 194.306(uu) to the final rule. 

Section 135.225 contains 

requirements generally applicable to 

aircraft performing instrument 

approaches to airports. Section 

135.225(e) requires a PIC of a turbine 

powered airplane who has not served at 

least 100 hours as PIC in that type of 

airplane to increase the Minimum 

Descent Altitude (MDA) or Decision 

Altitude/Decision Height (DA/DH) and 

visibility landing minimums by 100 feet 

and 1⁄2 mile, respectively. 

In the NPRM, the FAA proposed in 

§ 194.307(gg) to apply § 135.225(e) to 

powered-lift. PICs of powered-lift 

should also possess a high degree of 

familiarity with their aircraft and its 

controls, instruments, and performance 

requirements, and due to the complexity 

required as the aircraft transitions from 

winged to vertical flight during a critical 

phase of flight, the PICs of all poweredlift will have the increased MDA or DA/ 

DH and visibility landing minimums. 

The FAA received one comment on 

proposed § 194.307(gg) from Archer, 

generally expressing support for 

ensuring that there is an equivalent 

level of safety between airplanes, 

helicopters, and powered-lift. 

In response to the comment received, 

the FAA did not make any changes to 

the proposed regulatory text. Therefore, 

the FAA adopts the proposed 

§ 194.307(gg) as final, though due to 

renumbering, it is being adopted as 

§ 194.306(vv). 

Section 135.227 addresses the 

operating limitations in icing conditions 

for airplanes and helicopters. Section 

135.227(a) applies to all aircraft, 

meaning that powered-lift must comply 

with those requirements as written. 

Paragraph (b) applies to only airplane 

operations and requires pilots to have 

completed training required by 

§ 135.341 prior to conducting operations 

when the conditions are such that frost, 

ice, or snow may reasonably be 

expected to adhere to the airplane, if the 

certificate holder authorizes takeoffs in 

ground icing conditions.417 In the 

NPRM, the FAA proposed to apply 

§ 135.227(b) to powered-lift in 

§ 194.307(hh). 

Section 135.227(d) states that no pilot 

may operate a helicopter under IFR into 

known or forecasted icing conditions, or 

under VFR into known icing conditions, 

unless the helicopter has been typecertificated and is appropriately 

equipped for operating in icing 

conditions. The FAA proposed in 

§ 194.308(i) to apply § 135.227(d) to 

powered-lift, allowing powered-lift to 

conduct flights into known or forecast 

light or moderate icing conditions, 

providing the powered-lift has been 

type certificated and is appropriately 

equipped. 

The FAA received one comment 

generally on operating in icing 

conditions and one comment on 

proposed § 194.308(i). 

The Advanced Air Mobility Institute 

recommended that the FAA consult 

with the Department of Defense (DoD) 

on the final rulemaking regarding 

operations in known or forecast severe 

icing conditions. 

This rulemaking is not addressing 

powered-lift operations in known 

forecast severe icing conditions. 

However, the FAA will take this 

recommendation into consideration if 

the FAA contemplates additional 

rulemaking permitting powered-lift to 

operate in known or forecast severe 

icing conditions. 

GAMA agreed with the FAA’s 

proposal in § 194.308(i), the helicopter 

requirement, to apply the requirements 

of § 135.227(d) to powered-lift. 

The FAA did not make any changes 

to the proposed regulatory text in 

response to the comments received. The 

FAA noticed during the consolidation of 

the part 135 airplane and rotorcraft 

tables that the reference contained in 

proposed § 194.308(i) in the additional 

requirements column was incorrectly 

listed as § 194.307(ii). The FAA also 

determined the critical surface reference 

in the proposed § 194.308(i) would no 

longer be required because 

§ 194.306(ww) already covers the 

critical surfaces requirement. 

Furthermore, the reference leading the 

reader to the helicopter requirements in 

proposed § 194.307(hh)(3), which stated 

‘‘For IFR and VFR flight into certain 

icing conditions, see § 194.308(i)’’ is no 

longer needed. Due to the consolidation 

and subsequent renumbering, the 

proposed § 194.307(hh) is being adopted 

as § 194.306(ww) and proposed 

§ 194.308(i) is being adopted as 

§ 194.306(xx). 

Section 135.229 provides the airport 

requirements for part 135 operations. 

The requirements of § 135.229 apply to 

all aircraft, with the exception of 

§ 135.229(b)(2)(ii), which states that 

helicopters are also allowed to land at 

an airport where the limits of the area 

to be used for takeoff and landing are 

marked using reflective material. The 

landing lights on helicopters are 

generally oriented so that they shine at 

an angle approximate to a normal 

approach angle used by helicopters.418

This negates the need for illuminated 

runway lights on the landing area and 

permits the helicopter pilot to easily 

pick out and maintain a safe approach 

angle to an area marked by reflective 

material. 

The FAA proposed in § 194.308(j) to 

allow powered-lift to takeoff from or 

land at an airport that uses reflective 

material when conducting a takeoff or 

landing in the vertical-lift flight mode 

and is equipped with landing lights 

oriented in a direction that enables the 

pilot to see the takeoff or landing area 

marked by reflective material. 

The FAA received one comment from 

GAMA on proposed § 194.308(j) 

agreeing with the FAA’s proposal to 

allow a powered-lift to takeoff from or 

land at an airport that uses reflective 

material when conducting a takeoff or 

landing. 

The FAA did not make any 

substantive changes to the proposed 

regulatory text. In finalizing this rule, 

however, the FAA determined that it 

needed to revise the regulatory text to 

clarify the FAA’s intent, as described in 

the NPRM, which was to include areas 

used for both takeoffs and landings. 

This also aligns with the provisions 

contained within the text of § 135.229. 

As a result, the FAA has clarified that 

§ 135.229, adopted as final as 

§ 194.306(yy), includes areas used for 

both takeoff and landing, not just 

landing areas. 

5. Subpart F: Crewmember Flight Time 

and Duty Period Limitations and Rest 

Requirements 

Subpart F details crewmember flight 

time, duty period limitations, and rest 

requirements. 

Section 135.271 provides the rest and 

duty requirements for Helicopter Air 

Ambulance (HAA) operations 

conducted from a hospital. In order to 

ensure that the helicopter pilot is 

adequately rested, § 135.271(f) requires 

there to be an approved place of rest at, 


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or in close proximity to, the hospital 

where the helicopter is based. 

Powered-lift can conduct vertical 

takeoffs and landings and can conduct 

air ambulance operations at a hospital 

heliport. Therefore, powered-lift 

operators authorized to conduct air 

ambulance operations based at a 

hospital should be allowed to use the 

rest and duty rules permitted by 

§ 135.271. Therefore, the FAA proposed 

in § 194.308(k) that § 135.271 could 

apply to powered-lift conducting HAA 

operations in accordance with subpart L 

of part 135. 

The FAA received two comments on 

proposed § 194.308(k). ALPA and 

GAMA both agreed with the FAA’s 

proposal to apply § 135.271 to poweredlift conducting HAA operations in 

accordance with subpart L of part 135. 

The FAA did not make any changes 

to the proposed regulatory text and 

adopts § 194.308(k) as final, though due 

to renumbering, it is being adopted as 

§ 194.306(zz). 

6. Subpart I: Airplane Performance 

Operating Limitations 

Subpart I outlines the airplane 

performance operating limitations 

applicable to large transport category, 

large nontransport category, small 

transport category, and small 

nontransport category airplanes with 

different types of powerplants. 

Although Subpart I is airplane specific, 

the FAA acknowledged in this SFAR 

that some powered-lift may fit the 

definition of large aircraft, which is 

more than 12,500 pounds, while others 

will be considered small aircraft, which 

are 12,500 pounds or less. The FAA 

anticipated some powered-lift could 

operate similarly to an airplane during 

takeoff and landing and will routinely 

operate similarly to an airplane during 

horizontal flight. In those cases, the 

powered-lift will be supported in flight 

by the dynamic reaction of the air 

against their wings (termed wing-borne 

flight). 

In the NPRM, the FAA anticipated 

that some powered-lift will only be able 

to conduct VTOL operations, while 

others may have the ability to conduct 

a takeoff or landing that depends on 

wing-borne lift, similar to an airplane. 

For the latter, some of the requirements 

of subpart I should be applicable. 

For powered-lift that can conduct 

takeoff and landings using wing-borne 

lift, the performance data will be 

published in the AFM and will contain 

items such as: takeoff roll, takeoff 

distance, and landing distance required. 

This will enable a pilot of a poweredlift to determine that an adequate area 

is available to enable a safe takeoff or 

landing. Persons or property being 

transported on powered-lift meeting the 

size and certification standards of this 

subpart should be afforded the safety 

requirements of this subpart that are 

currently afforded to those transported 

on airplanes. 

Although the FAA has not yet 

published a transport category 

certification standard for powered-lift, 

the FAA proposed to apply the transport 

category requirements of subpart I to 

large powered-lift. Due to the novel 

designs of powered-lift and the varying 

capabilities of those aircraft, a 

combination of the aircraft certification 

standards from the various sections of 

parts 23, 25, 27, and 29 may be used to 

develop the certification criteria for 

each individual powered-lift design. 

Section 135.361(a) states that subpart 

I of part 135 applies to the operation of 

the categories of airplanes listed in 

§ 135.363 when operated under part 

135. The FAA proposed in § 194.307(ii) 

that the sections of subpart I of part 135 

should apply to powered-lift, regardless 

of powerplant type. The FAA has 

clarified in the regulatory text that any 

provisions within subpart I of part 135 

that reference a specific category of 

aircraft, such as an airplane, and that are 

not referenced in the SFAR tables to 

§§ 194.302 or 194.306, do not apply to 

powered-lift. 

The FAA received no comments on 

proposed § 194.307(ii); therefore, the 

FAA adopts the proposed § 194.307(ii) 

as final, though due to renumbering, it 

is being adopted as § 194.306(aaa). 

Section 135.363(a) through (e) outline 

which sections of subpart I apply to 

certain types of airplanes, considering 

factors such as: the size, type of 

powerplant, and certification basis for 

the airplane. The FAA did not 

anticipate that there would be a large 

powered-lift produced with a 

reciprocating engine, therefore 

paragraph § 135.363(a) will not be 

applicable. The FAA proposed in 

§ 194.307(jj) that when a powered-lift 

meets the criteria established in 

paragraphs (b) through (e), regardless of 

powerplant type, the referenced 

regulatory sections will apply. 

Section 135.363(f) requires the 

performance data in the AFM to be used 

in determining compliance with 

§§ 135.365 through 135.387. Section 

135.363(f) also contains a provision to 

allow the interpolation and computing 

the effects of changes in specific 

variables, so long as those calculations 

are substantially as accurate as the 

results of direct tests. The FAA 

proposed in § 194.307(kk) that if a 

powered-lift is required to be in 

compliance with a section contained in 

§§ 135.365 through 135.387, then the 

provisions of § 135.363(f) will apply. 

Although § 135.365(f) specifies an AFM, 

the FAA asserted that for any poweredlift that requires compliance with a 

section contained in §§ 135.365 through 

135.387, the powered-lift AFM will 

contain any applicable performance 

data. Additionally, the FAA expects that 

the interpolation and computation that 

is permitted in § 135.363(f) could be 

accomplished for powered-lift without 

any degradation of safety, just as it is 

allowed for airplanes. 

The FAA received no comments on 

proposed § 194.307(jj) and (kk). 

Therefore, the FAA adopts the proposed 

§ 194.307(jj) and (kk) as final, though 

due to renumbering, these sections are 

being adopted as § 194.306(bbb) and 

(ccc). Additionally, the FAA 

inadvertently included § 135.363(a) in 

the proposed § 194.307(jj), though the 

accompanying preamble text in the 

NPRM made clear that § 194.307(jj) was 

meant to only apply § 135.363(b) 

through (e) to powered-lift. The adopted 

§ 194.306(bbb) corrects this error. 

Section 135.379 contains takeoff 

limitations applicable to large turbine 

engine-powered transport category 

airplanes. 

Section 135.379(a) states that no 

person operating a turbine enginepowered large transport category 

airplane may take off that airplane at a 

weight greater than that listed in the 

AFM. The calculation for determining 

that takeoff weight must consider the 

elevation of the airport and the ambient 

temperature existing at the time of 

takeoff. 

Section 135.379(c) requires that an 

airplane subject to § 135.379(c) cannot 

takeoff at a weight greater than that 

listed in the AFM. Section 135.379(c) 

also lists specific performance 

requirements, such as the takeoff run 

must not be greater than the length of 

the runway, accelerate-stop distances, 

and required takeoff distance. 

Section 135.379(d) states that an 

airplane cannot takeoff at a weight 

greater than that listed in the Airplane 

Flight Manual and lists specific 

performance requirements for obstacle 

clearance in the takeoff path (for 

airplanes certificated after August 26, 

1957, but before October 1, 1958) and 

takeoff flight path (for airplanes 

certificated after September 30, 1958). 

Section 135.379(e) requires certain 

corrections to be considered when 

determining maximum takeoff weights, 

minimum distances, and flight paths 

under § 135.379(a) through (d). These 

corrections include which runway is 

used and its gradient, airport elevation, 

ambient temperature, or wind 


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component. These corrections are made 

to ensure that operators take all relevant 

performance factors related to takeoff 

operations into account to ensure that 

the airplane safely remains within its 

weight limitations for a particular 

takeoff. 

Section 135.379(f) sets two 

assumptions when calculating takeoff 

performance: the airplane is not banked 

before reaching a height of 50 feet, and 

after reaching a height of 50 feet, the 

maximum bank is not more than 15 

degrees. 

Section 135.379(g) applies the terms 

takeoff distance, takeoff run, net takeoff 

flight path to have the same meanings 

as set forth in the rules under which the 

airplane was certificated. In the NPRM, 

the FAA included paragraph (g) in the 

regulation text table making it 

applicable to large powered-lift 

certificated to conduct takeoff 

operations that utilize wing-borne lift as 

indicated in the AFM. For those 

powered-lift that have a takeoff 

distance, takeoff run and net takeoff 

flight path this will ensure the safety 

requirements relevant to those terms are 

taken in consideration just as they are 

for airplanes. 

The FAA proposed in § 194.307(ll) 

that paragraphs (a) and (d) of § 135.379 

apply to large powered-lift. In addition, 

the FAA proposed in § 194.307(mm) 

that paragraphs (c), (e), (f), and (g) of 

§ 135.379 apply to large powered-lift 

that utilize wing-borne lift during 

takeoff and have the takeoff 

performance information contained in 

the AFM. The FAA finds that the 

expected commonalities between 

transport category airplane and large 

powered-lift operations warrant 

application of these provisions to large 

powered-lift. The accelerate-stop 

distance set forth in § 135.379(c)(1) must 

either meet § 25.109 or such 

airworthiness criteria as the FAA may 

find provides an equivalent level of 

safety in accordance with § 21.17(b). 

The FAA received no comments on 

proposed § 194.307(ll) and (mm) and 

therefore, the FAA adopts the proposed 

§ 194.307(ll) and (mm) as final. 

However, due to renumbering, these 

sections are being adopted as 

§ 194.306(ddd) and (eee). 

Section 135.381(a) specifies that a 

person operating a turbine enginepowered large transport category 

airplane must takeoff at a weight, 

allowing for normal consumption of fuel 

and oil, which will ensure that the 

airplane will be able to clear all terrain 

and obstructions within its flightpath 

with one engine inoperative. Section 

135.381(b) lists six assumptions that 

must be considered when computing 

the net flight path and horizontal and 

vertical safety areas required by 

§ 135.381(a)(2). Large powered-lift will 

conduct en-route operations similar to 

transport category airplanes. The 

important safety criteria of § 135.381 

should apply to powered-lift if one 

engine were to become inoperative. As 

such, the FAA proposed in 

§ 194.307(nn) that this section be 

applicable to large powered-lift. 

The FAA received no comments on 

proposed § 194.307(nn), and therefore, 

the FAA adopts § 194.307(nn) as final, 

though due to renumbering, it is being 

adopted as § 194.306(fff). 

Section 135.383 provides en route 

limitations for turbine engine-powered 

large transport category airplanes with 

two engines inoperative. Specifically, 

§ 135.383(c) specifies that a person 

operating a turbine engine-powered 

large transport category airplane on an 

intended route must ensure that the 

airplane is no more than 90 minutes 

away from an alternate airport, or that 

a powered-lift with two inoperative 

engines will clear all terrain and 

obstructions within its flightpath. Large 

powered-lift will conduct en route 

operations similar to airplanes, and this 

important safety criteria should apply if 

two engines were to become 

inoperative. Additionally, 

§ 135.383(c)(2) contains assumptions 

that must be considered when 

computing the net flight path, required 

horizontal and vertical safety areas and 

fuel requirements. Having alternate 

airports planned along the route is 

essential for en route operations. 

Therefore, the FAA proposed in 

§ 194.307(oo) that § 135.383(c) should 

apply to large powered-lift. 

The FAA received no comments on 

proposed § 194.307(oo) and adopts 

§ 194.307(oo) as final, though due to 

renumbering, it is being adopted as 

§ 194.306(ggg). 

Section 135.385 provides required 

landing limitations at destination 

airports for large turbine enginepowered transport category airplanes. 

Section 135.385(a) stipulates that no 

person operating a turbine engine 

powered large transport category 

airplane may take off at a weight if the 

weight of the airplane on arrival would 

exceed the landing weight as contained 

in the AFM. Section 135.385(a) is 

intended to ensure an airplane will not 

arrive overweight for landing. Section 

135.385(b) through (f) detail which 

factors must be applied when 

determining the required landing 

distances. The FAA believes these 

considerations are equally applicable to 

large powered-lift and therefore 

proposed in § 194.307(pp) that 

paragraph (a) be applicable to large 

powered-lift. 

Section 135.385(b) specifies that, in 

order for a person to conduct a takeoff 

in a turbine engine-powered large 

transport category airplane, the airplane 

weight on arrival must allow a full stop 

landing at the intended destination 

airport within 60 percent of the effective 

length of each runway. This rule 

provides for a 40 percent safety margin 

to help ensure that an airplane can 

safely land and prevents a person from 

attempting to operate into runways 

where there is no margin of error, which 

is also important for large powered-lift 

that utilize wing-borne lift during 

landing. The FAA proposed in 

§ 194.307(qq) that § 135.385(b) applies 

to large powered-lift that utilize wingborne lift during landing and provide 

landing performance information in the 

AFM. 

Section 135.385(d) requires that, 

unless approved and included in the 

airplane flight manual, a large transport 

category turbojet airplane must add an 

additional 15 percent margin onto the 

landing distance calculated per 

§ 135.385(b) when the destination may 

be wet or slippery at the estimated time 

of arrival. The FAA proposed in 

§ 194.307(qq) that § 135.385(d) would be 

applicable to large powered-lift that 

utilize wing-borne lift during landing 

and have landing performance 

information contained in the AFM. 

Section 135.385(e) provides that a 

turbojet-powered airplane that would 

otherwise be prohibited from 

conducting a takeoff because the 

airplane could not be landed on the 

most suitable runway may takeoff if an 

alternate airport is selected. 

The FAA proposed in § 194.307(qq) 

that § 135.385(e) would apply to large 

powered-lift that conduct landing 

operations that depend on wing-borne 

lift and have that landing performance 

information contained in the AFM. 

Section 135.385(f) provides an option 

to eligible on-demand operators to 

conduct a takeoff if the operation is 

permitted by an approved Destination 

Airport Analysis in that operator’s 

manual and certain conditions are met. 

The eligible on-demand operator is 

authorized to calculate the required 

runway distance at 80 percent of the 

effective length of the runway. A 

powered-lift using the wing-borne lift 

mode during landing is similar in 

operation to a landing airplane. 

Therefore, the FAA proposed in 

§ 194.307(qq) this paragraph be 

applicable to large powered-lift that 

utilize wing-borne lift during landing 

and have landing performance 

information contained in the AFM. 


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419Air ambulance operations conducted in an 

airplane are approved through issuance of 

Operations Specification A024, while air 

ambulance conducted in a helicopter are approved 

through issuance of A021. When the type of 

operation is proposed in powered-lift, the FAA will 

issue the appropriate operations specification. 

420For discussion on ‘‘class’’ ratings, see Section 

V.A (‘‘Certification of Powered-Lift Pilots’’). 

The FAA received no comments on 

proposed § 194.307(pp) or (qq); 

therefore, the FAA adopts § 194.307(pp) 

and (qq), as final. However, due to 

renumbering, these sections are being 

adopted as § 194.306(hhh) and (iii). 

Section 135.387 stipulates landing 

limitations for selecting an alternate 

airport for large turbine engine powered 

transport category airplanes. 

Specifically, § 135.387 requires that 

the selected alternate airport must allow 

the airplane to be brought to a full stop 

landing based on the weight of the 

airplane expected at the time of arrival 

at the alternate airport. The FAA 

proposed in § 194.307(rr) that 

paragraphs (a) and, for eligible ondemand operators, paragraph (b) would 

apply to large powered-lift that utilize 

wing-borne lift during landing and has 

landing performance information 

contained in the AFM. 

The FAA received no comments on 

proposed § 194.307(rr) and is adopting 

§ 194.307(rr) as final, though due to 

renumbering, it is being adopted as 

§ 194.306(jjj). 

Section 135.397 stipulates the 

performance operating limitations for 

small transport category airplanes. 

Section 135.397(a) and (b) outline the 

performance requirements for small 

transport category airplanes. This 

section requires compliance with 

weight, takeoff, and landing limitations 

as contained in other sections of subpart 

I. Section 135.397(a) is applicable to 

reciprocating engine powered airplanes, 

and the FAA asserts that paragraph (a) 

would not be applicable to powered-lift. 

Therefore, the FAA proposed in 

§ 194.307(ss) that only paragraph (b) be 

applicable for small powered-lift that 

have a passenger seating configuration 

of more than 19 seats, that utilize wingborne lift during takeoff or landing, and 

that have takeoff or landing performance 

information contained in the AFM. 

The FAA received no comments on 

proposed § 194.307(ss); therefore, the 

FAA adopts § 194.307(ss) as final, 

though due to renumbering, it is being 

adopted as § 194.306(kkk). 

7. Subpart J: Maintenance, Preventative 

Maintenance, and Alterations 

Section 135.429 applies to all aircraft 

used for operations conducted under 

part 135, including powered-lift, with 

the exception of § 135.429(d). Section 

135.429(d) is focused on rotorcraft and 

states that the FAA may approve 

procedures for the performance of 

required inspection items by a pilot of 

a rotorcraft that operates in remote areas 

or sites. The rule is intended to allow a 

certificate holder the opportunity to 

establish a preventive maintenance 

process when a mechanical interruption 

occurs in a remote area or site. Because 

powered-lift may take off and land like 

a rotorcraft, some powered-lift may 

operate in remote areas or sites. 

Consequently, powered-lift used in such 

operations experience the same 

challenges that exist for rotorcraft when 

an unscheduled mechanical 

interruption occurs. Therefore, the FAA 

proposed in § 194.308(l) to apply 

§ 135.429(d) to powered-lift that operate 

in remote areas or sites. 

The FAA received three comments, a 

group comment from AOPA, GAMA, 

HAI, NATA, NBAA, and VFS, and 

comments from CAE and Joby on 

proposed § 194.308(l). All three were in 

support of the FAA’s proposal to apply 

the preventive maintenance 

requirements available to certificate 

holders operating rotorcraft under part 

135 in remote areas to certificate holders 

operating powered-lift under part 135 in 

remote areas. 

The FAA adopts § 194.308(l) as final, 

though due to renumbering, it is being 

adopted as § 194.306(lll). 

8. Subpart L: Helicopter Air Ambulance 

Equipment, Operations, and Training 

Requirements 

Helicopter air ambulance (HAA) 

operations must comply with subpart L 

of part 135, as well as the other 

requirements of part 135. In the NPRM, 

the FAA proposed that powered-lift 

conducting air ambulance operations 

should be required to comply with 

subpart L of part 135. Because the FAA 

proposed that subpart L apply to 

powered-lift, it also proposed in 

§ 194.308(a) that § 135.1(a)(9) apply to 

powered-lift conducting air ambulance 

operations. 

Section 135.601 provides the 

applicability and definitions for subpart 

L of part 135. The FAA anticipated that 

operators utilizing powered-lift for air 

ambulance activities will present a new 

dynamic because these aircraft can be 

operated like an airplane and a 

helicopter. The FAA currently 

differentiates between airplane air 

ambulance operations and HAA 

operations including the required 

equipment, weather minimums, 

required risk analysis, flight monitoring, 

and the authorizing document issued to 

the operator.419

Powered-lift conducting air 

ambulance operations should be 

provided to the public at the same level 

of safety as HAA operations, and the 

rules contained in subpart L provide 

this level of safety. Accordingly, the 

FAA proposed in § 194.308(m) that the 

applicability and definitions section of 

subpart L also apply to powered-lift. 

The FAA received one comment on 

proposed § 194.308(m) from GAMA, 

who expressed support for the FAA’s 

proposal that the applicability and 

definitions section of subpart L apply to 

powered-lift that conduct air ambulance 

operations. Therefore, the FAA adopts 

§ 194.308(m) as final, though due to 

renumbering, it is being adopted as 

§ 194.306(mmm). 

Section 135.603 requires the PIC of a 

helicopter air ambulance operation to 

meet the requirements of § 135.243 and 

to hold either a helicopter instrument 

rating or an ATP certificate with a 

category and class rating for that 

aircraft, not limited to VFR. It is equally 

important for PICs of powered-lift air 

ambulance operations to meet the 

requirements set forth in this section. 

The FAA proposed in § 194.308(n) that 

these requirements also apply for 

powered-lift operations occurring under 

subpart L. 

The FAA received one comment on 

proposed § 194.308(n) from GAMA that 

supported the FAA’s proposal that the 

requirements of § 135.603 should apply 

to powered-lift that conduct air 

ambulance operations. The FAA 

realized in finalizing this rule that 

further clarification is necessary under 

§ 194.306(nnn), pertaining to § 135.603. 

As mentioned above, the regulation 

currently requires the PIC to hold either 

a helicopter instrument rating or an ATP 

certificate with a category and class 

rating for that aircraft, that is not limited 

to VFR. These references are not 

applicable to powered-lift.420 As a 

result, the FAA has clarified that the PIC 

must hold a ‘‘powered-lift’’ instrument 

rating or an ATP certificate with a 

category rating for that aircraft. 

Therefore, the FAA adopts § 194.308(n) 

as final, though due to renumbering, it 

is being adopted as § 194.306(nnn). 

Section 135.605 stipulates the 

requirements for using a HTAWS. 

Consistent with proposed § 194.307(q), 

for powered-lift operating under subpart 

L, the FAA proposed to allow a hybrid 

system in a powered-lift that utilizes the 

features of a TAWS A system for wingborne flight and HTAWS for vertical-lift 

flight modes of operation for 

compliance with § 135.605. The FAA 

proposed in § 194.308(o) that any 

powered-lift that is used in air 


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ambulance operations as defined 

§ 135.601 be equipped with HTAWS, 

unless equipped with an FAA approved 

TAWS A/HTAWS hybrid system, in 

accordance with § 135.605. 

The FAA received no comments on 

proposed § 194.308(o) and therefore 

adopts § 194.308(o) as final, though due 

to renumbering, it is being adopted as 

§ 194.306(ooo). 

Section 135.607 requires flight data 

monitoring systems for HAA operations. 

The FAA determined that it would be 

appropriate to apply the requirement for 

helicopters to have flight data 

monitoring system capable of recording 

flight performance data to powered-lift 

conducting air ambulance operations as 

set forth in § 135.607. The FAA did not 

identify any reason to differentiate 

between helicopters and powered-lift 

conducting air ambulance operations for 

purposes of compliance with this 

requirement, as it would be equally 

important for powered-lift to record 

flight performance data in the dynamic 

environment contemplated by subpart 

L. Accordingly, the FAA proposed 

§ 194.308(p). 

The FAA received one comment on 

proposed § 194.308(p) from ALPA that 

referenced both a Flight Data 

Monitoring Systems (FDMS) and 

§ 135.607. ALPA’s comment was not 

specifically directed toward the FAA’s 

requirement for powered-lift conducting 

air ambulance operations to equip the 

aircraft with a FDMS, but rather that all 

powered-lift should be required to be 

equipped with an FDMS. While the 

FAA is not requiring FDMS for all 

powered-lift, as discussed in section 

VI.B.6. of this preamble, the FAA is 

requiring all powered-lift that conduct 

air ambulance operations to equip their 

aircraft with an FDMS. As such, the 

FAA adopts § 194.308(p) as final, 

though due to renumbering, it is being 

adopted as § 194.306(ppp). 

Section 135.609 provides rules for 

VFR ceiling and visibility requirements 

for part 135 air ambulance operations in 

Class G airspace. For powered-lift, the 

FAA evaluated the VFR minimum 

altitudes, required visibility, and 

distance from cloud requirements for 

airplanes as contained in § 135.203 

(VFR minimum altitudes), § 135.205 

(VFR visibility requirements), and 

§ 91.155 (distance from cloud 

requirements) and applied these 

airplane minimums to the table 

contained in § 135.609(a), which 

resulted in minimums that are most 

closely aligned with the FAA’s intent 

during the NPRM of applying the ceiling 

and visibility requirements of airplanes 

to powered-lift. In § 194.308(q), the FAA 

proposed the ceiling and visibility 

requirements for powered-lift air 

ambulance operations. In the NPRM the 

FAA proposed to change the nighttime 

ceiling requirements for all powered-lift 

operating as an air ambulance regardless 

of the mode of flight. The FAA also 

proposed no changes to the current 

ceiling and visibility minimums for 

daytime operations. 

The FAA received three comments on 

the proposed visibility requirements for 

powered-lift air ambulance operations. 

GAMA recommended that the FAA 

use the ICAO guidance provided for 

helicopters for this rule. 

AWPC argued that the FAA’s proposal 

to limit powered-lift to airplane 

minimums will inhibit the ability of 

their aircraft to conduct low altitude air 

ambulance operations. AWPC also 

stated that their powered-lift, the 

AW609, is able to operate in horizontal 

flight mode and reach the patient’s 

location faster than helicopters. 

However, AWPC expressed concerned 

that the proposed rule will prohibit the 

use of helicopter minimums, helicopter 

routes, or hospital helipads. 

Airbus Helicopters stated that some 

powered-lift designs are expected to 

perform emergency medical services 

and may have performance 

characteristics comparable to 

helicopters. According to Airbus 

Helicopters, the restrictive approach 

proposed in the NPRM could prevent 

the development of medical services 

with powered-lift that would have been 

otherwise beneficial for the public. 

Airbus Helicopters therefore proposed 

the FAA reconsider the proposed 

§ 194.308(q). 

The FAA disagrees with GAMA’s 

recommendation to universally apply 

the helicopter VFR ceiling and visibility 

requirements for Class G airspace for 

HAA operations to powered-lift. 

Universally applying the helicopter 

minimums provided in § 135.609 to 

powered-lift when they are operating in 

the wing-borne flight mode during night 

operations would not provide the same 

level of safety required by the 

minimums specified for airplanes in 

§ 135.203(a)(2). Applying higher 

nighttime minimums, as proposed in 

the NPRM, to powered-lift operating in 

wing-borne flight mode will maintain 

the safety margins already built into the 

regulations when a powered-lift is being 

operated in a manner similar to an 

airplane. 

Based upon the comments received, 

the FAA reevaluated the requirements 

that were proposed in the NPRM and 

has added minimums based upon 

existing helicopter minimums. These 

new minimums will apply to a 

powered-lift being operated in the 

vertical-lift flight mode at night. When 

operating in the vertical-lift flight mode, 

much like a helicopter, a powered-lift 

will benefit from the increased 

maneuverability and the ability to 

conduct flight at slower speeds to 

include hovering. Therefore, the FAA 

will apply the helicopter minimums as 

provided for day and nighttime 

operations in § 135.609 when a 

powered-lift is operating in the verticallift flight mode. The daytime helicopter 

minimums for powered-lift operating in 

vertical-lift flight mode are the same 

minimums proposed in the NPRM. The 

nighttime minimums for powered-lift 

operating in vertical-lift flight mode are 

lower than what the FAA proposed, and 

they are the same minimums currently 

outlined for helicopters operating at 

night with an approved HTAWS under 

§ 135.609(a). Since the flight 

characteristics are akin to helicopters, 

there should be no degradation of safety 

by allowing powered-lift to use the 

helicopter minimums when operating in 

the vertical-lift flight mode. 

The FAA will apply the minimums as 

proposed in the NPRM when the 

powered-lift is being operated in the 

wing-borne flight mode, which includes 

both daytime and nighttime ceiling and 

visibility minimums. These VFR ceiling 

and visibility requirements will provide 

the pilot the time and space to 

maneuver the powered-lift to avoid 

other aircraft, terrain, and obstacles. As 

mentioned in the NPRM, the intent 

behind the HAA rules is to ensure a 

higher level of safety for air ambulance 

operations because they are conducted 

under unique conditions. The below 

table outlines the amended ceiling and 

visibility requirements for powered-lift 

depending on the flight mode and 

whether the operations occur during the 

day or at night. As mentioned, the only 

change to the minimums that were 

proposed in the NPRM is the addition 

of the ceiling and visibility minimums 

for powered-lift operating at night in the 

vertical-lift flight mode, and those 

minimums reflect the current helicopter 

(with HTAWS) nighttime minimums 

under § 135.609(a). 


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TABLE 9—REVISED VFR AIR AMBULANCE MINIMUMS IN CLASS G AIRSPACE

Location 

Day vertical-lift and 

wing-borne mode 

Night vertical-lift 

mode 

Night—wing-borne 

mode 

Ceiling 

(FT) 

Visibility 

(SM) 

Ceiling 

(FT) 

Visibility 

(SM) 

Ceiling 

(FT) 

Visibility 

(SM) 

Non-mountainous Local Flying Areas .............................. 800 2 800 3 1500 3 

Non-mountainous Non-Local Flying Areas ...................... 800 3 1000 3 1500 3 

Mountainous Local Flying Areas ..................................... 800 3 1000 3 2500 3 

Mountainous Non-Local Flying Areas .............................. 1000 3 1000 5 2500 5 

The FAA adopts § 194.308(q) as 

revised and as § 194.306(qqq), due to 

renumbering. 

Section 135.611 sets forth 

requirements for HAA IFR operations at 

locations without weather reporting. 

The FAA proposed the applicability of 

this section in § 194.308(r). The 

provisions of § 135.611 are only 

available to certificate holders that are 

authorized to conduct IFR operations 

under subpart L and are authorized to 

conduct IFR air ambulance operations at 

airports with an instrument approach 

procedure and at which a weather 

report is not available from the U.S. 

National Weather Service (NWS), a 

source approved by the NWS, or a 

source approved by the FAA. That 

authorization will be subject to the 

provisions detailed in § 135.611 and is 

also available to powered-lift authorized 

to conduct air ambulance operations. 

The FAA received one comment on 

proposed § 194.308(r) from GAMA that 

supported the FAA’s proposal that a 

powered-lift conducting air ambulance 

operations can be authorized by the 

Administrator to conduct IFR helicopter 

air ambulance operations at airports 

with an instrument approach procedure 

and at which a weather report is not 

available from the U.S. National 

Weather Service (NWS), a source 

approved by the NWS, or a source 

approved by the FAA. Therefore, the 

FAA adopts § 194.308(r) as final, though 

due to renumbering, it is being adopted 

as § 194.306(rrr). 

Section 135.613 details the ceiling 

and visibility requirements for approach 

and departure IFR transitions for HAA 

operations. Section 135.613 establishes 

weather minimums for HAA that are 

using an instrument approach and are 

now transitioning to visual flight for 

landing. Section 135.613 also permits 

VFR to IFR transitions for departures if 

the pilot has filed an IFR flight plan, 

will obtain an IFR clearance within 3 

NM of the departure location, and 

departs following an FAA-approved 

obstacle departure procedure. In 

§ 194.308(s), the FAA proposed 

applying § 135.613 to powered-lift 

conducting operations in accordance 

with subpart L of part 135. 

The FAA received one comment on 

§ 194.308(s) from GAMA, which 

recommended the FAA apply ICAO 

rules for helicopters for § 135.613. The 

FAA took this general comment into 

consideration when writing this final 

rule and made some changes throughout 

the SFAR to provide some flexibility to 

enable powered-lift to use helicopterbased requirements when they are 

operating in the vertical-lift flight mode. 

Section 135.613(a)(1) requires a flight 

visibility of 1 statute mile (SM) and a 

ceiling based upon the minimums 

published on the approach chart. This is 

applicable for Point-in-Space (PinS) 

Copter Instrument approaches that are 

annotated with a ‘‘Proceed VFR’’ 

segment, and the distance from the 

missed approach point to the landing 

area is 1 NM or less. The FAA proposed 

in § 194.308(s) that § 135.613(a)(1) only 

apply to powered-lift that are equipped 

and certified to conduct these PinS 

approaches. The FAA is not making 

changes from the proposed regulatory 

text in § 194.308(s) related to 

§ 135.613(a)(1). 

Section 135.613(a)(2) has VFR ceiling 

and visibility requirements for 

helicopters when conducting 

instrument approaches to a landing area 

that is 3 NM or less away from the 

missed approach point. As stated in the 

NPRM, the FAA established more 

stringent VFR ceiling minimums for 

powered-lift because the minimums 

currently prescribed for helicopters in 

§ 135.613(a)(2)(i) and (ii) would not 

allow a powered-lift to maintain an 

acceptable level of obstacle and cloud 

clearances when operating in the wingborne flight mode and conducting VFR 

transitions to landing areas. Therefore, 

the FAA will leave the VFR ceiling of 

1,000 feet and visibility requirements of 

2 NM for day operations and 1,500-foot 

ceiling and 3 NM visibility for night 

operations as proposed in the NPRM for 

powered-lift when they are operating in 

the wing-borne flight mode. 

The FAA has determined that, when 

the powered-lift is operating in the 

vertical-lift flight mode during the 

visual transition from the approach to 

the landing area, helicopter minimums 

will be acceptable. Because a poweredlift will be flying like a helicopter when 

in the vertical-lift flight mode and 

operating at slower speeds, the aircraft 

is able to maneuver more like a 

helicopter. Therefore, in the final rule, 

the FAA will allow powered-lift that are 

operating in the vertical-lift flight mode 

to use the VFR ceiling and visibility 

minimums prescribed for helicopters in 

§ 135.613(a)(2)(i) and (ii). Therefore, the 

FAA adopts § 194.308(s) as revised and 

as § 194.306(sss), due to renumbering. 

Section 135.613(b) provides two 

scenarios for transitions from VFR to 

IFR upon departure. The first scenario 

provided in § 135.613(b)(1) stipulates 

the VFR weather minimums providing 

the powered-lift follows an FAAapproved obstacle departure procedure, 

and an IFR clearance is obtained on or 

before reaching a predetermined 

location that is not more than 3 NM 

from the departure location. In these 

instances, the FAA proposed weather 

minimums for powered-lift of no less 

than 1000-foot ceiling with 2 statute 

miles visibility for day and no less than 

1500-foot ceiling and 3 statute mile 

visibility for nighttime. The FAA will 

retain this requirement for those 

powered-lift operating in the wingborne flight mode. When the poweredlift is operating in the vertical-lift flight 

mode during the transition from VFR to 

IFR and meets the above requirements 

regarding an obstacle departure 

procedure and the 3 nautical mile 

distance from the departure location, 

then the VFR weather minimums for 

day operations will be no less than a 

600-foot ceiling and 2 statute miles 

flight visibility, and for night 

operations, no less than a 600-foot 

ceiling and 3 statute miles flight 

visibility. 

In the second scenario for 

§ 135.613(b)(2) if the departure does not 

meet the criteria relating to the obstacle 

departure procedure and is unable to 

obtain the IFR clearance within 3 NM 

from the departure location then the 

VFR weather minimums required for 


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421See Update to Air Carrier Definitions NPRM, 

87 FR 75005 (Dec. 07, 2022). 

powered-lift by the class of airspace 

apply. 

Therefore, the FAA is adding 

§ 194.306(ttt) to ensure the weather 

minimums stipulated in § 194.306(sss) 

are captured dependent on the mode of 

flight. 

Section 135.615 requires helicopter 

air ambulance pilots to perform preflight planning to determine the 

minimum safe cruise altitude and to 

identify and document the highest 

obstacle along the planned en route 

phase of flight prior to conducting VFR 

operations. Section 135.615(b) requires 

the pilot in command, while conducting 

VFR operations, to ensure that all 

terrain and obstacles along the route of 

flight are cleared vertically by no less 

than those prescribed in § 135.615(b). In 

proposed § 194.308(t), the FAA 

proposed applying § 135.615 to 

powered-lift conducting operations in 

accordance with subpart L of part 135 

using the VFR minimum altitudes 

specified for airplanes in § 135.203(a)(1) 

and (2). 

The FAA received one comment on 

proposed § 194.308(t) from GAMA, who 

requested that the FAA allow poweredlift to use the helicopter minimums 

stipulated in § 135.615(b)(1) and (2). In 

the NPRM, the FAA noted that there are 

similarities between airplanes and 

powered-lift using wing-borne lift 

during the cruise portions of flight. In 

the proposed § 194.308(t), in order to 

comply with the en route altitude 

requirements of § 135.615(b)(1) and (2), 

a powered-lift conducting a VFR air 

ambulance operation must clear all 

terrain and obstacles along the route of 

flight vertically by the minimum 

altitudes and horizontal distances 

specified in § 135.203(a)(1) and (2). 

Similarly, the FAA proposed that the 

pilot in command of a powered-lift must 

use the minimum altitudes specified in 

§ 135.203(a)(1) and (2) when making the 

determinations required by 

§ 135.615(a)(3). In the final rule, the 

FAA will still require the pilot in 

command of a powered-lift to use the 

minimums specified in § 135.203(a)(1) 

and (2) for the VFR flight planning 

required by § 135.615(a) and for the 

enroute operations required by 

§ 135.615(b) when the powered-lift will 

be operated enroute in the wing-borne 

flight mode. 

In consideration of the comments 

received, the FAA will now allow a 

powered-lift operated in the vertical-lift 

flight mode during enroute operations to 

use the minimums described in 

§ 135.615(b). Powered-lift that will be 

operated in the vertical-lift flight mode 

during the enroute phase of flight will 

use the altitudes specified in 

§ 135.615(b) to determine the minimum 

required ceiling and visibility to 

conduct that planned flight as required 

by § 135.615(a). The FAA made this 

change because a powered-lift in the 

vertical-lift flight mode will be flying 

like a helicopter and operating at slower 

speeds thus enabling the powered-lift to 

maneuver more like a helicopter. 

Section 135.615(c) addresses the 

rerouting of the planned flight path, 

change in destination, or other changes 

to the planned flight that occur while 

the helicopter is on the ground at an 

intermediate stop. This occurrence 

requires an evaluation of the new route 

in accordance with § 135.615(a). In the 

NPRM, the FAA proposed this provision 

apply to powered-lift and adopts it as 

final. When the powered-lift is operated 

in the vertical-lift flight mode during the 

enroute phase of flight, when 

conducting the evaluation of the new 

route, the altitudes specified in 

§ 135.615(b) will apply. However, when 

the powered-lift is operated in the wingborne flight mode during the enroute 

phase of flight, when conducting the 

evaluation of the new route, the 

altitudes specified in § 135.203(a)(1) and 

(2) will apply. 

Therefore, the FAA adopts 

§ 194.308(t) as revised, but as a result of 

renumbering, it is now § 194.306(uuu). 

The FAA also proposed in 

§ 194.308(u) that the pre-flight risk 

analysis requirements contained in 

§ 135.617 apply to powered-lift. This 

section details several items that must 

be documented in the certificate 

holder’s manual regarding pre-flight 

considerations, such as human factors, 

weathers, and other critical 

considerations. 

The FAA received one comment on 

proposed § 194.308(u) from GAMA, 

which agreed with the FAA’s proposal 

to apply the pre-flight risk analysis 

requirements of § 135.617 to poweredlift conducting air ambulance 

operations. Therefore, the FAA adopts 

§ 194.308(u) as final, though due to 

renumbering, it is being adopted as 

§ 194.306(vvv). 

Section 135.619 requires a certificate 

holder who is authorized to conduct 

HAA operations with 10 or more 

helicopter air ambulances assigned to 

the certificate holder’s operations 

specifications to have an operations 

control center. The FAA proposed in 

§ 194.308(v) that any operator utilizing 

helicopters, powered-lift, or any 

combination thereof, that total 10 or 

more of these aircraft utilized in air 

ambulance operations would trigger the 

requirements to have an operations 

control center as detailed in § 135.619. 

The FAA received one comment on 

proposed § 194.308(v) from GAMA, 

which agreed with the FAA’s proposal 

to apply the Operations control center 

requirements of § 135.619 operators 

utilizing powered-lift to conduct air 

ambulance operations. Therefore, the 

FAA adopts § 194.308(v) as final, 

though due to renumbering, it is being 

adopted as § 194.306(www). 

Section 135.621 stipulates the 

requirements for the briefing of medical 

personnel on HAA flights. The FAA 

proposed in § 194.308(w) to apply the 

briefing requirements contained in 

§ 135.621 for medical personnel to air 

ambulance operations that occur in 

powered-lift. 

The FAA received one comment on 

proposed § 194.308(w) from GAMA, 

which agreed with the FAA’s proposal 

to apply the briefing of medical 

personnel requirements of § 135.621 to 

operators utilizing powered-lift to 

conduct air ambulance operations. 

Therefore, the FAA adopts § 194.308(w) 

as final, though due to renumbering, it 

is being adopted as § 194.306(xxx). 

E. Part 136 Rules for Powered-Lift 

In the Update to Air Carrier 

Definitions final rule, the FAA 

expanded the definitions and 

applicability of part 136 to 

accommodate powered-lift and to 

ensure that the stringent safety risk 

mitigations would apply to powered-lift 

that conduct commercial air tours.421 In 

the NPRM, the FAA proposed to apply 

certain part 136 requirements that are 

specific to helicopters to powered-lift. 

The FAA also took into consideration 

powered-lift may conduct commercial 

air tours in the wing-borne flight mode 

to address the risks associated with 

enabling the operation of commercial air 

tours in powered-lift. 

The FAA received six comments 

relating to part 136 with one commenter 

submitting two comments. Some 

comments were specific to the sections 

within part 136. Most comments 

broadly suggested the FAA follow ICAO 

Document 10103, Guidance on the 

Implementation of ICAO Standards and 

Recommended Practices for Tilt-rotors 

and apply the airplane rules. All 

commenters agreed the safety provisions 

of part 136 should also apply to 

powered-lift. 

GAMA recommended the FAA follow 

ICAO guidance and to read ‘‘helicopter’’ 

or ‘‘rotorcraft’’ as ‘‘powered-lift’’ or read 

‘‘airplane’’ as ‘‘powered-lift’’ depending 

on the regulation. GAMA suggested the 

FAA should apply the relevant airplane 


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92448 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 

422 § 136.1. 

423 § 136.9. 

424For a more detailed discussion on ‘‘critical 

change of thrust’’ see Section V.C.3 regarding 

§ 135.168. 

version of the rule to §§ 136.9 and 

136.11 and the relevant rotorcraft 

version of the rule to §§ 136.1 and 

136.13. According to GAMA, certain 

powered-lift demonstrate the capability 

to glide in a manner similar to airplanes, 

therefore GAMA suggested the FAA take 

full advantage of the similarities to 

airplanes during overwater operations. 

CAE and ADS (a UK trade association) 

both stated that using the ICAO 

Document 10103 as a basis for poweredlift should be considered. For part 136 

this would translate to using the 

airplane rules for overwater operations. 

NBAA submitted a group comment for 

AOPA/GAMA/HAI/NATA/NBAA/VFS 

which also stated the FAA should 

consider using the ICAO Document 

10103 as a basis for powered-lift rule 

development. 

In response to these comments from 

GAMA, and CAE, ADS, and NBAA who 

also recommended the FAA follow the 

ICAO document 10103 in relation to 

part 136, the FAA notes that these 

recommendations did not provide any 

justification for following ICAO 

document 10103. This ICAO guidance 

acknowledges the operation of tilt-rotors 

closely aligns with that of helicopters 

and therefore states that ICAO Annex 6, 

Part III, Section 2, the helicopter 

provisions should apply most of the 

time. In some cases, the ICAO guidance 

recommends the use of Annex 6, Part I, 

which are provisions for airplanes. 

Flight over water is one example in 

which this guidance recommends 

airplane provisions. The FAA noted that 

no comments were provided relating to 

part 136 and features that may influence 

buoyancy or whether powered-lift will 

take on water or float for a longer period 

of time after ditching. The FAA does not 

have the historical data on these new 

aircraft designs to assert that the 

positive buoyancy characteristics and 

the potential to float for a longer 

period—characteristics of airplane 

designs—will exist in all powered-lift. 

Therefore, the FAA will not adopt the 

ICAO guidance across the board for 

powered-lift but will look at each 

regulation individually. 

In finalizing this rule, the FAA 

determined that creating a table for part 

136 would maintain consistency 

throughout the SFAR operating rules for 

parts 91, 135, and 136. In addition, as 

already explained in the introduction to 

the operational rules, the FAA 

combined the airplane and rotorcraft 

provisions in parts 91 and 135 so that 

each section now only has one table 

instead of two. Similarly, the FAA has 

created a table to § 194.308 outlining 

both the airplane and rotorcraft 

provisions applicable to powered-lift 

under part 136. As part of this revision, 

the FAA added paragraph § 194.308(a) 

reiterating that powered-lift must 

continue to comply with rules 

applicable to all aircraft under part 136. 

1. Suitable Landing Area for Rotorcraft 

(§ 136.1) 

The term ‘‘suitable landing area for 

rotorcraft’’ is codified in § 136.1 as an 

area that provides the operator 

reasonable capability to land in an 

emergency without causing serious 

injury to persons. These suitable 

landing areas must be site-specific, 

designated by the operator, and 

accepted by the FAA.422 In the NPRM, 

the FAA proposed to apply § 136.1 to 

powered-lift in § 194.310(b)(1). 

Applying the definition for suitable 

landing areas for rotorcraft to poweredlift ensures powered-lift operators 

designate potential landing areas in 

advance of an operation. Designating 

potential landing areas reduces the risk 

of an accident because the PIC is aware 

of potential sites for emergency 

landings. The FAA expects operators 

conducting commercial air tours in 

powered-lift to designate a site-specific 

landing area that, when used, would not 

cause serious injury to persons. 

The FAA received one comment on 

proposed § 194.310(b)(1) from GAMA 

who agreed with FAA that powered-lift 

should be aligned with rotorcraft in 

§ 136.1 and therefore adopts as 

proposed. As a result of renumbering, 

this is now codified under § 194.308(b). 

2. Life Preservers for Over Water 

(§ 136.9) 

Section 136.9(a), which applies to 

powered-lift as written, requires the 

operator and PIC of commercial air tours 

over water beyond the shoreline to 

ensure each occupant is wearing a life 

preserver from before takeoff until the 

flight is no longer over water.423 Section 

136.9(b) provides exceptions to this 

requirement when a life preserver is 

readily available and easily accessible to 

each occupant. Section 136.9(c) states 

no life preserver is required if the 

overwater operation is necessary only 

for takeoff or landing. In the NPRM, the 

FAA stated the exceptions in 

§ 136.9(b)(1), (b)(3), and (c) apply to 

powered-lift as written. 

Section 136.9(b)(2) requires the 

operator and PIC of a commercial air 

tour over water beyond the shoreline to 

ensure that a life preserver for each 

occupant is readily available and easily 

accessible if the airplane is within 

power-off gliding distance to the 

shoreline for the duration of the time 

that the flight is over water. In the 

NPRM, the FAA proposed in 

§ 194.310(a)(1) to apply § 136.9(b)(2) to 

powered-lift when it is operating in the 

wing-borne flight mode within the 

power-off gliding distance to the 

shoreline. Therefore, when a poweredlift is operating in the wing-borne flight 

mode, life preservers only need to be 

readily available and easily accessible to 

each occupant. Conversely, when 

operating in vertical-lift mode, those life 

preservers must be worn by each 

occupant. 

The FAA received one comment on 

proposed § 194.310(a)(1) from GAMA, 

who agreed with the FAA that poweredlift should be aligned with airplanes in 

§ 136.9(b)(2). The FAA therefore adopts 

§ 194.310(a)(1) as proposed but, as a 

result of renumbering, it is now 

§ 194.308(d)(1)(i). 

The FAA received a comment from 

Joby related to § 136.9(b)(3), which was 

not explicitly addressed in the NPRM 

because § 136.9(b)(3) already applies to 

aircraft in general, including poweredlift. Joby indicated the critical engine 

inoperative for multiengine aircraft does 

not apply to electric powered-lift. Joby 

also mentioned that electric poweredlift currently being developed may not 

have a single engine failure which 

would be critical for performance or 

handling qualities. Joby commented 

about the airworthiness criteria and 

design standards for electric poweredlift, mentioning they have adopted the 

concept of ‘‘critical loss of thrust,’’ 

which is specific to an aircraft and the 

electric propulsion system architecture 

being used. Therefore, Joby 

recommended adding ‘‘or critical loss of 

thrust for distributed electric propulsion 

systems’’ to § 136.9(b)(3) to better 

accommodate multi-engine aircraft with 

distributed electric propulsion systems. 

The FAA agrees with Joby that 

another term to capture aircraft that 

does not have a ‘‘critical engine’’ but 

may have other powerplants that could 

experience a loss of thrust impacting the 

aircraft’s ability to stay aloft needs to be 

addressed. The FAA addresses Joby’s 

comment in section VI.D.3 of this 

preamble.424 For the reasons previously 

discussed, the FAA will add ‘‘or while 

experiencing a critical change of thrust’’ 

under § 194.308(d)(1)(ii) in the final rule 

which will read, ‘‘Section 136.9(b)(3) 

applies to multiengine powered-lift that 

can be operated with the critical engine 

inoperative or while experiencing a 

critical change of thrust, at a weight that 


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425See Update to Air Carrier Definitions NPRM, 

87 FR 75004 (Dec. 07, 2022). 

426National Air Tours Safety Standards, final 

rule, 72 FR 6904 (Feb. 13, 2007). 

will allow it to climb, at least 50 feet a 

minute, at an altitude of 1,000 feet 

above the surface, as provided in the 

approved Aircraft Flight Manual for that 

aircraft.’’ By adding this term to the 

SFAR, it will allow the exception for a 

life preserver to be readily available for 

its intended use and easily accessible to 

each occupant rather than requiring 

each occupant to wear a life preserver 

providing the powered-lift can meet the 

performance criteria discussed above. If 

a powered-lift cannot meet the 

performance criteria as discussed above 

or is not equipped with floats, then each 

occupant must wear a life preserver 

from before takeoff until the flight is no 

longer over water. 

The FAA did not include the term 

‘‘distributed electric propulsion’’ as 

recommended by Joby because the FAA 

wanted this change to apply to all future 

propulsion systems that could 

experience a critical change of thrust, 

and not just those that are electrically 

driven. 

Joby also recommended, regarding 

§ 136.9(b)(3), that the term aircraft be 

used in place of airplane and rotorcraft 

in reference to flight manual. That 

change was made in the Update to Air 

Carrier Definitions rule which was 

published July 26, 2023. 

As a result of the foregoing, the FAA 

adopts § 194.308(a)(1) as proposed, but 

as a result of renumbering it is now 

§ 194.308(d)(1)(i). The FAA also adds 

§ 194.308(d)(1)(ii), which adds the term 

‘‘critical change of thrust’’ to 

§ 136.9(b)(3) in response to Joby’s 

comment. 

3. Rotorcraft Floats Over Water 

(§ 136.11) 

Section 136.11 permits single-engine 

rotorcraft in commercial air tours to 

operate over water beyond the shoreline 

only when they are equipped with fixed 

floats or an inflatable flotation system 

adequate to accomplish a safe 

emergency ditching. Similarly, 

multiengine rotorcraft that cannot be 

operated with the critical engine 

inoperative at a weight that will allow 

it to climb at least 50 feet a minute at 

an altitude of 1,000 feet above the 

surface as provided in the AFM also 

must be equipped with fixed floats or an 

inflatable flotation system. 

Rotorcraft that are equipped with 

flotation systems must have an 

activation switch for that system on one 

of the primary flight controls, and the 

system must be armed when the 

rotorcraft is over water and flying at a 

speed that does not exceed the 

maximum speed prescribed in the AFM. 

These requirements, however, do not 

apply to operations over water during 

the takeoff and landing portions of 

flight, or to operations within the 

power-off gliding distance to the 

shoreline for the duration of the flight 

provided each occupant is wearing a life 

preserver from before takeoff until the 

aircraft is no longer over water.425

In the NPRM, the FAA proposed to 

apply § 136.11(a)(2), (b), and (c) to 

powered-lift that are conducting air tour 

operations in the vertical-lift flight 

mode beyond the auto-rotational 

distance or gliding distance from the 

shoreline. Requiring flotation 

equipment is a necessary requirement 

for mitigating the serious risks posed by 

engine failures over water for these 

aircraft. 

Joby commented on § 136.11 with a 

suggestion to add the term powered-lift 

alongside helicopter to the entire 

section except for § 136.11(a)(1), which 

is for single-engine rotorcraft. Joby also 

requested to add ‘‘critical loss of thrust 

for distributed electric propulsion 

systems’’ to § 136.11(a)(2) for the same 

reasons specified in their comment on 

§ 136.9(b)(3). 

GAMA suggested § 136.11 would not 

need to be changed because the 

overwater requirements for powered-lift 

are covered by § 136.9. The FAA 

disagrees with GAMA. These two over 

water regulatory requirements are both 

necessary for powered-lift, as § 136.11 

provides criteria for inflatable floats that 

is not found within § 136.9 (b)(1). 

Section 136.11 requires rotorcraft to 

install floats when used in commercial 

air tours over water beyond the 

shoreline unless it is a multi-engine 

aircraft that can meet the performance 

criteria to keep it out of the water. The 

same criteria are equally important for 

powered-lift. If the powered-lift is 

operating beyond the shoreline and 

cannot meet that performance criteria to 

keep it out of the water, then each 

occupant must wear a life preserver. 

Powered-lift, just like multiengine 

rotorcraft, that have the performance 

capability to keep the aircraft out of the 

water are not required to install floats. 

However, the operator or pilot in 

command of a commercial air tour over 

water beyond the shoreline must still 

ensure a life preserver is readily 

available and easily accessible to each 

occupant as required for all aircraft 

under § 136.9(b). 

Based on the information the FAA 

received during the comment period, 

the FAA decided to remove the 

reference to ‘‘vertical-lift flight mode’’ in 

§ 194.310(b)(2) because powered-lift 

designs are still in the development 

phase and there is no operational data 

to support that most powered-lift 

designs will behave like an airplane in 

a ditching scenario regardless of the 

flight mode. One of the purposes of the 

SFAR is to gain knowledge such as this 

before a final rule is codified. The FAA 

also believes many of the powered-lift 

will have the performance capability to 

keep the aircraft out of the water and 

will therefore not be required to install 

floats. As a result, the FAA has removed 

reference to ‘‘vertical-lift flight mode’’ in 

§ 194.308(d)(2). 

As discussed above, in the NPRM, the 

FAA proposed to apply § 136.11(a)(2), 

(b), and (c) to powered-lift that are 

conducting air tour operations beyond 

the ‘‘auto-rotational distance or gliding 

distance from the shoreline.’’ The FAA 

is removing this reference for three 

reasons. First, due to the removal of the 

reference to vertical-lift flight mode, the 

FAA determined the term ‘‘autorotational’’ is no longer required for 

§ 194.308(d)(1) and (2). Second, in 

review of the National Air Tours Safety 

Standards final rule published February 

13, 2007, the FAA used the term 

‘‘gliding distance’’ with respect to 

helicopters and implied that the use of 

the term gliding was inclusive of an 

autorotation.426 Third, removing the 

reference ‘‘auto-rotational’’ will 

maintain consistency and avoid any 

confusion with the term ‘‘gliding’’ 

contained in § 136.11. As a result, the 

FAA has used the verbiage from 

§ 136.11 stating that § 136.11(a), (b), and 

(c) apply to powered-lift ‘‘used in 

commercial air tours over water beyond 

the shoreline.’’ In addition, the 

exceptions under § 136.11(c) still 

apply—the exception under 

§ 136.11(c)(2) would apply to poweredlift that meet those criteria, which 

includes both autorotating and gliding 

distance to the shoreline. 

In the NPRM, the FAA stated it would 

not apply the single-engine provision 

from § 136.11(a)(1) to powered-lift 

because all powered-lift coming to the 

market are currently multiengine, not 

single-engine. However, the FAA has 

reconsidered the decision to not apply 

§ 136.11(a) to single-engine powered-lift 

because a single-engine powered-lift 

could be developed during the duration 

of the SFAR and should be equally 

covered by the safety provisions 

stipulated for rotorcraft in § 136.11(a). 

Without knowing whether a poweredlift will float for a longer period of time 

than a rotorcraft after ditching, the 

safety justifications to require floats be 

installed on single-engine powered-lift 


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427Update to Air Carrier Definitions final rule, 88 

FR 48077 (July 26, 2023). 

428 In the Update to Air Carrier Definitions final 

rule, the FAA recodified appendix A, which was 

previously SFAR No. 71, as subpart D of part 136. 

Update to Air Carrier Definitions, final rule, 88 FR 

48078 (July 26, 2023). 

429 Id. 

430See below for further discussion on the FAA 

permanently amending § 136.75(a) to refer to 

‘‘single-engine’’ rotorcraft. 

are equal to those for single-engine 

rotorcraft used in commercial air tours 

over water beyond the shoreline. 

Therefore, the FAA will add poweredlift alongside rotorcraft in the SFAR and 

change § 194.310(b)(2) to meet the intent 

of § 136.11(a)(1). This new provision is 

codified at § 194.308(d)(2)(i). 

The FAA is making a change to the 

final regulatory text pertaining to 

§ 136.11(a)(2). Joby’s comment on 

§ 136.11(a)(2) is identical to their 

comment on § 136.9(b)(3), and therefore 

the FAA will incorporate the verbiage 

into SFAR § 194.308(d)(2)(ii) with minor 

revision to Joby’s proposal for 

§ 136.11(a)(2) as discussed in the section 

regarding § 136.9(b)(3). As discussed in 

§ 136.9(b)(3), the FAA will add the term 

‘‘critical change of thrust’’ to 

§ 194.308(d)(2)(ii). Adding this 

paragraph will ensure a powered-lift 

operating in commercial air tours over 

water beyond the shoreline must meet 

the performance requirements of 

§ 136.11(a)(2) or be equipped with fixed 

floats or an inflatable flotation system 

adequate to accomplish a safe 

emergency ditching. 

In their comment relating to 

§ 136.11(b)(2), Joby also recommended 

that the term aircraft be used in place of 

airplane and rotorcraft in reference to 

flight manual. That change was made in 

the Update to Air Carrier Definitions 

rule which was published July 26, 2023. 

Therefore, the FAA adopts 

§ 194.310(b)(2) with the changes 

referenced above; however, due to 

renumbering this provision is now 

§ 194.308(d)(2). The FAA will add the 

provisions of § 136.11(a) to singleengine powered-lift under 

§ 194.308(d)(2)(i), add the term ‘‘critical 

change of thrust’’ to § 194.308(d)(2)(ii), 

remove the provision that 

§ 194.308(d)(2) is only applicable to 

powered-lift operating in the vertical-lift 

flight mode, and remove references to 

‘‘auto-rotational or gliding distance’’ in 

§ 194.308(d)(2). 

4. Rotorcraft Performance Plans and 

Operations (§ 136.13) 

Section 136.13 requires operators 

using rotorcraft to develop a 

performance plan before each 

commercial air tour operation. These 

plans must be reviewed by the Pilot in 

Command (PIC) for accuracy and 

adhered to during flights. Such plans 

play a crucial role in mitigating risks by 

requiring the PIC to be prepared to 

respond to unexpected situations. 

Similar to rotorcraft, commercial air 

tour operators of powered-lift will likely 

take advantage of the vertical takeoff, 

out of ground effect hovering 

capabilities, and out of ground effect 

slow flight capabilities of these aircraft 

while operating at speeds that may not 

exceed effective translational lift 

airspeed. Operating in this condition 

increases the exposure to the risk of not 

being able to perform a successful 

autorotation landing in the event of an 

engine failure. The FAA acknowledged 

that operating within the ‘‘avoid’’ zone 

of the height/velocity (H/V) diagram or 

the ‘‘avoidance area related to the 

transitions that may occur between the 

vertical-lift and wing-borne mode’’ 

decreases the ability to successfully 

perform an autorotation, or a safe 

landing following a critical change of 

thrust. Hence, operators must not just 

plan, but operate in alignment with the 

performance plan to ensure aviation 

safety. As a result, operators should be 

aware of H/V diagrams or the 

performance capability of their aircraft 

following a critical change of thrust. 

This will require a performance plan for 

commercial air tours that are conducted 

in powered-lift which have height 

velocity information or performance 

criteria with avoidance area information 

contained in the AFM related to the 

transitions that occur between the 

vertical-lift and wing-borne mode. 

The FAA received one comment from 

GAMA who agreed the provision of 

§ 136.13 should apply to powered-lift. 

The FAA did not make any substantive 

changes to the proposed regulatory text. 

As a result, the FAA adopts 

§ 194.310(b)(3), which requires a person 

to comply with the requirements 

specified for rotorcraft contained 

§ 136.13, as final. As a result of 

renumbering, it is now § 194.308(d)(3). 

5. Commercial Air Tours in Hawaii 

In the Update to Air Carrier 

Definitions final rule, the FAA amended 

the applicability and definitions that 

were contained in subpart A of part 136 

and appendix A to include poweredlift.427 Additionally, the information 

contained in appendix A to part 136 

was moved to subpart D of part 136. 

Subpart D of part 136 now contains the 

special operating rules for air tour 

operators in Hawaii.428 This subpart 

prescribes operating rules for air tour 

flights conducted in airplanes, poweredlift, or rotorcraft under VFR in the State 

of Hawaii pursuant to parts 91, 121, and 

135.429

The FAA received one comment from 

GAMA relating to appendix A Special 

Operating Rules for State of Hawaii. 

They made a broad statement to apply 

either airplane or helicopter rules for 

powered-lift, including for appendix A, 

without any specifics. The FAA agrees 

with GAMA, as their broad statement is 

in line with the FAA’s general approach 

to integrating powered-lift into the 

regulations. As stated in the NPRM, for 

rules that are not generally applicable to 

aircraft, the FAA will apply the 

rotorcraft rules to powered-lift as 

contained in subpart D of part 136— 

Special Operating Rules for Air Tour 

Operators in the State of Hawaii. 

Flotation Equipment: Section 

136.75(a) replaced section 3 of appendix 

A, as identified in the NPRM, and does 

not permit an air tour in Hawaii in a 

single-engine 430 rotorcraft beyond the 

shore of any island unless the rotorcraft 

is amphibious, equipped with floats 

adequate to accomplish a safe 

emergency ditching, and approved 

flotation gear is easily accessible for 

each occupant or each person on board 

the rotorcraft is wearing approved 

flotation gear. The FAA proposed to 

apply section 3 of appendix A (now 

§ 136.75(a)) to powered-lift in 

§ 194.310(b)(4)(i). Applying the 

requirement for flotation equipment 

would increase the likelihood of 

surviving in the event of a water 

landing. These requirements were 

created specifically for Hawaii due to 

the rugged terrain. The FAA determined 

that extending this requirement to all 

powered-lift operators conducting air 

tours in Hawaii beyond the shore of any 

island was appropriate because 

powered-lift will likely operate in a 

manner that is similar to rotorcraft when 

conducting air tour operations in 

Hawaii. 

The FAA did not receive any 

comments on SFAR 194.310(b)(4)(i). 

The only change the FAA is making to 

the proposed § 194.310(b)(4)(i) is that it 

now references § 136.75(a), rather than 

section 3 of Appendix A. The FAA 

adopts § 194.310(b)(4)(i) as amended, 

but as a result of renumbering, it is now 

§ 194.308(d)(4). 

i. Performance Plan (§ 136.75(b)) 

Section 136.75(b) replaced section 4 

of appendix A as identified in the 

NPRM and requires each rotorcraft 

operator to complete a performance plan 

that is based on the current approved 

AFM for that aircraft and the PIC must 


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431 § 136.75(b). 432 § 43.1. 

433See Rotorcraft Regulatory Review Program 

Amendment No. 5; Operations and Maintenance, 51 

FR 40692 at 40702 (Nov. 7, 1986). 

434The regulations under Title 14 of the Code of 

Federal Regulations that reference ‘‘aircraft’’ 

currently apply to powered-lift. Sections 43.2, 43.5, 

43.10, 43.11, 43.12, 43.13, 43.17, and Appendix F 

to part 43 all apply to ‘‘aircraft,’’ and, accordingly, 

to powered-lift. See 14 CFR part 43. 

435 § 43.15(b). 

436Sections 27.602 and 29.602 define a ‘‘critical 

part’’ as ‘‘a part, the failure of which could have a 

catastrophic effect upon the rotorcraft, and for 

which critical characteristics have been identified 

which must be controlled to ensure the required 

level of integrity.’’ The procedures referenced in 

§§ 27.602(b) and 29.602(b) will be addressed during 

the § 21.17(b) certification process. 

comply with that plan.431 The 

performance plan must be based upon 

information contained in the AFM and 

must consider the maximum density 

altitude for the flight; maximum gross 

weight and center of gravity for 

hovering while in and out of ground 

effect; and the highest combination of 

weight, altitude, and temperature. 

Environmental conditions relevant to 

the altitude and temperature of the 

operation are critical considerations in 

ensuring safety of flight because both 

affect the performance of the aircraft. 

Operators’ performance plans would 

ensure operators’ awareness of how 

conditions could affect the flight; as a 

result, operators will be in a position to 

make appropriate contingency plans 

and make suitable decisions should they 

encounter hazards during an air tour 

operation. 

In the NPRM, the FAA proposed to 

apply section 4 of appendix A (now 

§ 136.75(b)) to powered-lift in 

§ 194.310(b)(4)(ii). Applying this 

performance plan requirement to 

operators of powered-lift conducting air 

tours in Hawaii would ensure the 

operator conducting the operation is 

aware of the necessary information 

concerning the aircraft and operation. 

In response to the one comment 

received from GAMA, noted above, the 

FAA did not make any changes to the 

proposed regulatory text. The only 

change the FAA is making to 

§ 194.310(b)(4)(ii) is that it now 

references § 136.75(b), rather than 

section 4 of appendix A. The FAA 

adopts § 194.310(b)(4)(ii) as revised, but 

as a result of renumbering, it is now 

§ 194.108(d)(5). 

Section 136.75(c) replaced section 5 

of appendix A as identified in the 

NPRM and requires the PIC to operate 

at a combination of height and forward 

speed that would permit a safe landing 

in the event of engine power loss or a 

critical change of thrust in accordance 

with the height-speed envelope under 

current weight and aircraft altitude. 

In the NPRM, the FAA proposed to 

apply section 5 of appendix A (now 

§ 136.75(c)) to powered-lift in 

§ 194.310(b)(4)(iii). Applying the 

operational limitations for rotorcraft to 

powered-lift was determined to be 

appropriate because the FAA expects 

powered-lift will hover and have other 

operating characteristics like rotorcraft 

when conducting air tours. Because 

engine power loss or a critical change of 

thrust could have detrimental 

consequences, powered-lift may require 

quick landings in response to engine 

failures or critical changes of thrust. The 

FAA determined that requiring the PIC 

to operate the aircraft in a manner that 

permits the PIC to land safely was an 

appropriate means of mitigating the risk 

associated with engine power loss or 

critical changes of thrust. Overall, the 

proposal aims to ensure that poweredlift operations in commercial air tours 

adhere to safety standards equivalent to 

those established for rotorcraft in 

Hawaii. This extension was deemed 

appropriate given the similarities in 

operating profiles between powered-lift 

and rotorcraft during air tour operations 

in Hawaii. 

In response to the one comment 

received from GAMA as mentioned 

above, the FAA did not make any 

changes to the proposed regulatory text. 

However, to align with the new 

verbiage, critical change of thrust, 

associated with powered-lift and 

previously discussed in section VI.D.3. 

of this final rule, the FAA will add 

language to clarify that the term ‘‘critical 

change of thrust’’ is included after ‘‘in 

event of engine power loss’’ in 

§ 136.75(c). The FAA is further 

amending § 194.310(b)(4)(iii) to refer to 

§ 136.75(c), rather than section 5 of 

appendix A. As a result, the FAA adopts 

§ 194.310(b)(4)(iii) as amended, but as a 

result of renumbering, these 

amendments are reflected in 

§ 194.308(d)(6). 

ii. Permanent Rule Change for 

§ 136.75(a) 

In the Update to Air Carrier 

Definitions rule, when appendix A was 

moved to subpart D and the term 

helicopter was changed to rotorcraft, a 

word was inadvertently omitted. As a 

result, the applicability of required 

flotation equipment was mistakenly 

expanded to all rotorcraft, instead of 

only single-engine rotorcraft. Therefore, 

the FAA will add the term ‘‘singleengine’’ ahead of ‘‘rotorcraft’’ as a 

permanent change in § 136.75(a) 

because the FAA never intended for this 

requirement to apply to all rotorcraft, 

but instead to only apply to singleengine rotorcraft. 

F. Part 43 Applicability to Powered-Lift 

Part 43 outlines maintenance, 

preventive maintenance, rebuilding, and 

alteration rules for any aircraft with U.S. 

airworthiness certificates; foreignregistered civil aircraft used in common 

carriage or carriage of mail under the 

provisions of part 121 or 135; and 

airframe, aircraft engines, propellers, 

appliances, and component parts of 

such aircraft.432 Aircraft operating 

under parts 91 or 135 must be 

maintained and inspected in accordance 

with part 43. 

Section 43.3(h) states that the 

Administrator may approve a certificate 

holder, operating rotorcraft in a remote 

area under part 135, to allow a pilot to 

perform specific preventive 

maintenance items, under certain 

limitations, when no certificated 

mechanic is available and an 

unscheduled malfunction occurs. The 

FAA proposed in § 194.402(a) that the 

preventive maintenance protocols 

outlined in § 43.3(h) also apply to 

certificate holders under part 135 

operating powered-lift in remote areas. 

A pilot who is trained under the 

requirements of § 43.3(h) would provide 

the same level of competency as a 

certificated mechanic when performing 

the authorized preventive maintenance 

function.433 The pilot is required to 

complete an FAA-approved training 

program and perform the specific 

preventive maintenance items under the 

direct control of the certificate holder’s 

preventive maintenance program. Some 

powered-lift pilots may operate in 

remote areas and would consequently 

experience the same challenges that 

exist for rotorcraft when an 

unscheduled malfunction occurs. 

The FAA did not receive any 

comments on § 43.3(h). Therefore, the 

FAA adopts § 194.402 as final and 

applies § 43.3(h) to powered-lift.434

The FAA also proposed to apply 

§ 43.15(b) to powered-lift in 

§ 194.402(b). Section 43.15(b) requires 

persons performing an inspection on a 

rotorcraft, as required by part 91, to 

inspect certain rotorcraft systems in 

accordance with the maintenance 

manual or Instructions for Continued 

Airworthiness.435

The systems listed under § 43.15(b) 

are generally considered systems 

comprised of ‘‘critical parts’’ as defined 

in §§ 27.602 and 29.602.436 However, 

these systems are specific to rotorcraft 

and may or may not apply to poweredlift. Powered-lift are new entrant 

aircraft, and as a result, the FAA did not 


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have the information to know all the 

systems on any given powered-lift that 

may be considered a critical part. The 

parts the powered-lift manufacturer 

identifies as ‘‘critical parts’’ for flight are 

required inspection items and must be 

listed in the aircraft manufacturer’s 

maintenance manual. In determining 

critical parts, the manufacturer must 

consider a flight safety-critical aircraft 

part list which, if nonconforming, 

missing, or degraded, could cause a 

catastrophic failure resulting in loss of, 

or serious damage to, the aircraft or an 

uncommanded engine shutdown 

resulting in an unsafe condition. The 

characteristic can be critical in terms of 

dimension, tolerance, finish, or 

material; an assembly, manufacturing, 

or inspection process; or an operation, 

maintenance, or overhaul requirement. 

For powered-lift with critical parts, a 

type design must include a critical parts 

list and define the critical design 

characteristics, identify processes that 

affect those characteristics, and identify 

the design change and process change 

controls necessary for showing 

compliance with the quality assurance 

requirements of part 21. Requiring a 

powered-lift critical parts inspection 

under § 194.402(b) will ensure that the 

owner or operator’s inspections comply 

with both § 43.15(b) as well as § 91.409, 

which requires aircraft inspections 

conducted in accordance with part 43 to 

obtain or keep an airworthiness 

certificate. The FAA did not receive any 

comments on the proposed § 194.402. 

Therefore, the FAA adopts § 194.402 

as final and applies §§ 43.3(h) and 

43.15(b) to powered-lift. 

G. Pilot Records Database 

Part 111 prescribes rules governing 

the use of the Pilot Records Database 

(PRD). The PRD facilitates the sharing of 

pilot records among air carriers and 

other operators in an electronic data 

system managed by the FAA. Part 111 

requires air carriers, specific operators 

holding out to the public, entities 

conducting public aircraft operations, 

air tour operators, fractional 

ownerships, and corporate flight 

departments to enter relevant data on 

individuals employed as pilots into the 

PRD. The PRD is intended to help 

maintain records about a pilot’s 

performance with previous employers 

that could influence a future employer’s 

hiring decision. 

Section 111.1(b)(4) states that part 111 

applies to an operator who operates two 

or more aircraft described in paragraphs 

(i) and (ii), solely pursuant to the 

general operating rules in part 91, or 

that operates aircraft pursuant to a 

Letter of Deviation Authority issued 

under § 125.3. Paragraphs (i) and (ii) 

apply to standard airworthiness 

airplanes that require a type rating 

under § 61.31(a) and turbine-powered 

rotorcraft, respectively. 

In the NPRM, the FAA proposed 

permanently amending § 111.1(b)(4) to 

include a new paragraph (iii) that 

applies to large powered-lift. The FAA 

did not propose amending other 

paragraphs within § 111.1 because, as 

currently written, they already apply to 

operators of powered-lift. Pilots of large 

powered-lift may go on to work for an 

air carrier in the future, and reporting 

these pilot records would be relevant to 

a future hiring air carrier. This proposal 

aligns with the current requirements 

and intent of § 111.1(b)(4) and the type 

rating requirements in § 61.31(a). 

The FAA received one comment 

related to § 111.1(b)(4). A4A agreed with 

the FAA’s proposed amendment to 

§ 111.1(b)(4), stating that obtaining 

information before a pilot is hired via 

the FAA’s PRD is necessary for safety. 

The FAA agrees with A4A that the 

PRD provides a crucial level of detailed 

information on pilots operating in the 

NAS. The PRD provides air carriers with 

pilot certificates, ratings and limitations, 

medical certificate information, failed 

attempts to pass a practical test, and 

accidents and incidents from the FAA, 

employment history from air carriers, 

and the date of request for motor vehicle 

driving records from the National Driver 

Register. 

In response to the comment received, 

the FAA did not make any changes to 

the proposed regulatory text. Therefore, 

the FAA adopts § 111.1(b)(4)(iii) as 

final. 

VII. Air Traffic Operations 

In the NPRM, the FAA proposed to 

leverage its existing standards and 

procedures for powered-lift air traffic 

operations. These standards and 

procedures encompass separation 

protocols managed by Air Traffic 

Control (ATC) to ensure safe and orderly 

air traffic flow. These standards vary 

based on factors like airspace 

classification and aircraft type. 

FAA Order JO 7110.65 details the air 

traffic separation standards and 

addresses separation standards and 

procedures for aircraft and helicopters 

differently. Factors like aircraft weight, 

wake turbulence, and radar distance 

influence separation standards, with 

ongoing monitoring to maintain safety. 

Currently, the FAA’s Air Traffic 

Organization is working to modify JO 

7110.65, ensuring safe and efficient 

powered-lift operations in the National 

Airspace System (NAS). While updates 

to accommodate powered-lift are 

underway, ATC will leverage its 

existing standards for aircraft. 

Eve suggested the SFAR did not 

consider emerging technology and 

benefits of advanced traffic management 

services that will support operations 

coordination at scale. The FAA will not 

make any changes at this time. The FAA 

will use existing traffic management 

systems to support and manage 

powered-lift operations as necessary. 

However, the FAA may consider 

whether changes are appropriate as 

demand for powered-lift operations 

grows. 

One commenter asserted people on 

the ground should be protected from the 

unique risks posed by eVTOLs’ battery 

systems, which the commenter said are 

highly flammable. The commenter 

recommended considering flight routes 

for battery powered eVTOLs and said, if 

these aircraft operate over densely 

populated areas, they should follow 

railroads, highways, and street paths, 

rather than cutting across 

neighborhoods. Additionally, the 

commenter argued the flying public 

should be made aware ahead of time 

whether an eVTOL they intend to fly on 

as a passenger has a pilot on-board. 

The FAA did not make any changes 

to the proposed regulatory text and 

determined no additional rulemaking is 

necessary at this time to address air 

traffic procedures. As mentioned above, 

the FAA will use existing traffic 

management systems to support and 

manage powered-lift operations as 

necessary. In addition, these aircraft are 

required to be type certificated, 

including those used for carrying 

passengers, and thus required to meet 

the FAA’s expectations for safety and 

reliability. Today, one way the FAA 

helps protect persons and property on 

the ground with manned aviation is by 

using minimum safe altitudes which 

pilots must follow to help ensure the 

pilot has enough time to respond to an 

emergency. As discussed in section VI. 

of this preamble (‘‘Operational Rules for 

Powered-Lift’’), during this rulemaking, 

the FAA evaluated the current 

minimum safe altitudes to determine 

how they should apply to powered-lift. 

The FAA determined that some 

powered-lift have operating 

characteristics similar to helicopters in 

that they can land in a relatively small 

space and have the ability to autorotate 

(or perform an equivalent maneuver) 

with precision during power-out 

emergencies. If a powered-lift can meet 

the performance-based requirements 

outlined in the SFAR, it can use the 

minimum safe altitudes for helicopters 

with no adverse effect on safety. 

Powered-lift that cannot meet the 


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437Additionally, EASA described that in CM– 

FCD–001, EASA proposed requiring each applicant 

for a Type Certificate (TC) of VTOL-capable aircraft 

carry out a gap analysis, or Training Needs Analysis 

(TNA), to develop a customized syllabus to be 

approved as part of the Operational Suitability Data: 

Flight Crew (OSD FC). EASA described that the 

TNA, conducted in coordination with the agency, 

would identify the elements of pilot type rating 

training and checking based on the specific 

characteristics of the aircraft and will be the 

foundation of the training syllabi. NBAA also 

emphasized the proposal in CM–FCD–001 as a 

means to qualify FAA airmen. 

performance-based requirements will 

use the minimum safe altitudes outlined 

for aircraft other than helicopters. In 

regard to the suggestion that poweredlift operations alert passengers on 

whether a pilot is operating the aircraft, 

the powered-lift rule does not 

contemplate powered-lift operating 

without a pilot, and therefore does not 

address passenger-carrying operations 

without a pilot on board. 

VIII. International Operations for 

Powered-Lift 

The FAA’s policy is to meet the U.S. 

obligations under the Convention on 

International Civil Aviation (‘‘Chicago 

Convention’’) by conforming to the 

International Civil Aviation 

Organization (ICAO) Standards and 

Recommended Practices (SARPs) to the 

maximum extent practicable. ICAO 

annexes contain the international 

SARPs for safety, regulation, and 

efficiency of air navigation. The Chicago 

Convention ensures that certificates of 

airworthiness, certificates of 

competency, and licenses are 

recognized by other Member States as 

long as the issuing States meet the 

minimum ICAO standards. The Member 

States’ Civil Aviation Authorities 

(CAAs) each integrate the ICAO SARPs 

into their national legal frameworks and 

practices and are responsible for 

regulatory oversight. When unable to 

integrate the ICAO SARP into their 

national legal framework, each ICAO 

Member State CAA is obligated to file a 

difference to that ICAO SARP and 

update their CAA’s Aeronautical 

Information Publication (AIP). When the 

FAA is notified that ICAO adopted a 

new standard which is impracticable to 

comply with in all respects of the 

standard or procedure, or to bring its 

own regulations or practices into full 

accord with any international standard, 

the FAA will notify ICAO of the 

differences between its own practice 

and that established by the international 

standard. 

As these aircraft obtain type 

certification, the FAA will amend, as 

appropriate, operational rules and pilot 

training requirements to support the 

varied designs being proposed by the 

manufacturers. Longer term, the agency 

will continue to develop permanent 

powered-lift regulations to safely enable 

powered-lift operations by working with 

industry and international partners. 

This process is performed in parallel to 

the FAA’s international partners’ efforts 

and in alignment with international 

safety requirements. This is an ongoing 

project and relies on data-gathering 

processes to develop more permanent 

regulations. 

A. Personnel Licensing 

Part 61 prescribes the requirements 

for the issuance of pilot, flight 

instructor, and ground instructor 

certificates, as well as the privileges and 

limitations of such. Similarly, ICAO 

Annex 1 provides SARPs for personnel 

licensing, including those for poweredlift ratings. Specifically, ICAO included 

a permissive transitional measure in 

ICAO Annex 1, providing ICAO member 

States a temporary recommendation for 

the issuance of a powered-lift type 

rating. In the transitional measures, 

section 2.1.1.4 states that a licensing 

authority may endorse a type rating for 

a powered-lift category on an existing 

airplane or helicopter pilot license (i.e., 

certificate). Should a licensing authority 

implement this endorsement, the 

endorsement must indicate the aircraft 

is part of the powered-lift category and 

must result from training during a 

course of approved training. 

Additionally, the training must consider 

previous experience in an airplane or 

helicopter, as appropriate, and 

incorporate all relevant operational 

aspects of a powered-lift. 

The FAA has chosen not to 

implement this permissive transitional 

measure as written, but rather require a 

powered-lift category rating in addition 

to a type rating for each make/model of 

aircraft. This is due to the wide range of 

powered-lift being developed that have 

complex and varied design, flight, and 

handling characteristics, making the 

establishment of classes within 

powered-lift not practicable at this time. 

Therefore, pilots with an airplane 

category or rotorcraft category helicopter 

class rating may transition and/or add a 

powered-lift category rating, hence 

providing a substantial pool of qualified 

candidates to staff the initial cadre of 

powered-lift pilots and instructors. This 

meets the standards in ICAO Annex 1 

and establishes a path toward pilot 

certification with an equivalent level of 

safety by providing pilots training on 

the unique designs of powered-lift while 

leveraging those pilots’ prior experience 

and advanced training devices to create 

the first group of powered-lift pilots. 

These pilots will then go on to form the 

first instructors for subsequent 

applicants. Should the ICAO 

transitional measure become a standard 

in the future, the FAA will undertake 

measures to align with ICAO standards 

to the greatest extent practicable, which 

may include filing a difference. 

EASA stated that the FAA’s definition 

of ‘‘powered-lift’’ will not fit all 

innovative VTOL aircraft because they 

do not all have non-rotating airfoils to 

create lift during horizontal flight and 

expressed concern regarding 

international harmonization efforts. The 

agency described its approach to certify 

innovative VTOL aircraft as a separate 

‘‘VTOL-capable aircraft’’ category with a 

new, flexible regulatory framework for 

pilot licensing and operations of such 

aircraft. EASA invited the FAA to 

reconsider its own approach in the 

proposed SFAR, stating that European 

VTOL aircraft manufacturers view the 

powered-lift category rating requirement 

as an obstacle to achieving innovative 

VTOL aircraft operations. While EASA 

acknowledged that the FAA’s approach 

to powered-lift pilot licensing is 

comparable to the agency’s own 

approach in many respects, the 

principal difference is the powered-lift 

category rating requirement where, 

instead, EASA proposed alignment with 

§ 2.1.1.4.437

The FAA received many comments on 

the decision to decline to implement 

ICAO’s transitional measure. These 

comments are summarized and 

addressed in section V.A. of this 

preamble, Establish a Type Rating 

Requirement for Persons Seeking to Act 

as PIC of Powered-Lift, of this preamble. 

The FAA is actively engaged with 

international certification authorities to 

define and align the certification 

requirements for Advanced Air 

Mobility. In addition to alignment with 

the ICAO Annexes, the FAA also 

maintains bilateral agreements, which 

cover innovative projects such as 

eVTOL aircraft. The FAA will continue 

to work with other foreign regulators to 

validate their eVTOL aircraft under 

development and to develop a path for 

U.S. eVTOL aircraft to be validated by 

them, especially with EASA, where 

aircraft certification and airman 

certification pathways may diverge. The 

level of new and innovative technology 

in an eVTOL aircraft is of course very 

high, so early partnerships and crossauthority communication to harmonize 

our approach for these technology areas 

are critical to our success. International 

engagement, collaboration, and 

harmonization are integral parts of our 

mission given the global nature of this 

industry when it comes to aviation 


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438See § 91.703 for additional requirements for 

operations of civil aircraft of U.S. registry while 

conducting operations outside of the United States. 

439The Advanced Aviation Act ‘‘directs the DOT 

to redesignate the Office of NextGen as the Office 

of Advanced Aviation whose duties include the 

coordination of rulemaking and approval processes 

on manners relating to advanced aviation systems.’’ 

The bill also seeks to promote a practical pathway 

for pilot qualifications and operations, aligning 

those pathways with section 2.1.1.4 of ICAO Annex 

1, adoption of recommendations in Document 

10103, applying performance-based requirements 

for energy reserves, and consulting with the U.S. 

Air Force Agility Prime Program. Advanced 

Aviation Act, H.R. 220, 118th Congress. 

440 If applying helicopter rules to all powered-lift 

operations, Joby recommended addressing other 

relevant regulations with limitations in the 

Airplane Flight Manual (AFM). 

441 Guidance on the Implementation of ICAO 

Standards and Recommended Practices for Tiltrotors (10103), International Civil Aviation 

Organization (2019). 

442 Integration of Powered-Lift: Pilot Certification 

and Operations; Miscellaneous Amendments 

Related to Rotorcraft and Airplanes NPRM, 88 FR 

39068 (June 14, 2023). 

safety. The FAA remains committed to 

improving the sharing of knowledge and 

information to advance global aviation 

safety—in other words, transparency. 

B. Operations of Aircraft 

Under parts 91 and 135, while 

operating outside the United States,438

the FAA requires U.S. operators to 

comply with ICAO Annex 2, Rules of 

the Air. As a result, powered-lift 

operators that are type-certificated with 

a standard airworthiness certificate and 

conduct their operations in accordance 

with the standards outlined in Annex 2 

would be eligible to operate over the 

high seas. The FAA’s approach to 

powered-lift operational requirements 

centered on determining which 

airplane-, helicopter-, or rotorcraftspecific rules apply to powered-lift and 

takes into account which flight mode, 

either vertical-lift or wing-borne flight 

mode, the aircraft will operate in during 

those operations. The FAA has 

determined this approach meets an 

equivalent level of safety with the 

current rules in parts 91 and 135 while 

allowing operational flexibility 

commensurate with the variable nature 

of powered-lift flight modes. 

Several commenters contended that 

the proposed SFAR does not fully align 

with ICAO SARPs. 

Commenters recommended the FAA 

revise the NPRM to apply helicopter 

altitude and weather minima for 

approach, departure, and landing; and 

revise the existing fuel reserve 

requirement to a performance-based 

standard for powered-lift to maintain an 

equivalent level of safety. 

Archer recommended clarifying the 

framework via ICAO Document 10103 

‘‘Guidance on the Implementation of 

ICAO Standards and Recommended 

Practices for Tilt-rotors.’’ 

A joint association letter from AIA, 

AUVSI, HAI, NATA, NBAA, and VFS 

encouraged the FAA to consider 

language in the Advanced Aviation 

Act 439 when adjudicating comments as 

well as considering the guidance found 

in ICAO Document 10103. 

To achieve better alignment with 

ICAO standards, Joby suggested the 

FAA reverse proposed §§ 194.302 and 

194.303, add ‘‘unless otherwise 

specified’’ to those proposed sections to 

allow flexibility, or regulate all 

powered-lift operations according to 

helicopter rules.440 AWPC, ADS, and 

GAMA suggested conforming with 

ICAO SARPs by including performancebased operational rules that account for 

the diverse operational capabilities of 

powered-lift. 

Commenters identified ICAO 

Document 10103 441 as providing a 

framework for harmonizing powered-lift 

standards. Joby, Supernal, AWPC, the 

NBAA, and L3Harris contended that the 

ICAO SARPs and ICAO Document 

10103 were dismissed, misrepresented, 

or ignored by the FAA in the proposed 

SFAR. With regard to ICAO Document 

10103, the NPRM acknowledged this 

document as providing ‘‘basic guidance 

relative to large turbine-powered tiltrotors (a kind of powered-lift),’’ 442 but 

determined that it does not address 

electric-powered tilt-rotors or other 

types of powered-lift. Joby disagreed 

with this assessment and asserted that 

the document does not solely apply to 

large turbine-powered tilt-rotors as the 

NPRM stated. Supernal and the NBAA 

argued that the document’s standards do 

not explicitly exclude electric 

propulsion and that there is no safety 

case made for the FAA’s conclusion 

confirming ICAO intended to exclude 

electric propulsion. The NBAA stated 

that other National Aviation Authorities 

(NAAs) seem prepared to follow the 

concepts of ICAO Document 10103. 

EASA, for example, utilized ICAO 

Document 10103 in consideration of 

rulemaking efforts related to air 

mobility. The commenters believe the 

rationale in the preamble is insufficient 

to support dismissal of Document 

10103. 

AWPC argued that the FAA did not 

consider ICAO Standards and 

Recommended Practices in the 

proposed SFAR and its applicability to 

the AW609 Tiltrotor. AWPC noted 

throughout the SFAR that the FAA 

states it lacks sufficient operational data 

regarding powered-lift operations. The 

commenter disagreed because, with over 

700,000 large turbine powered tiltrotor 

flight hours, AWPC believed sufficient 

operational data exists for the FAA to 

review when evaluating the rules and 

regulations that should apply to the 

AW609 tiltrotor operations. 

CAE and NBAA stated that the 

NPRM’s proposal to adopt airplane rules 

for powered-lift (except where 

helicopter rules are more conservative) 

endangers harmonization efforts with 

ICAO member states, and that 

manufacturers and operators in states 

closely aligned with ICAO have less 

costly regulatory burdens while 

achieving the same safety goals. As 

mentioned above, CAE and the NBAA 

believed the FAA should consider ICAO 

Document 10103. CAE and the NBAA 

further stated that powered-lift aircraft 

should utilize helicopter fuel reserves, 

weather minimums and most other 

helicopter operational rules in parts 91, 

135, and 136; however, because the 

aircraft can glide farther than rotorcraft 

and some are capable of high altitudes, 

airplane rules should apply for 

overwater operations and high-altitude 

oxygen requirements. 

Supernal recommended revision to 

the SFAR purporting that ICAO has 

adopted a helicopter-based requirement 

for vertical flight and aircraft for onwing flight. The commenter believes 

this approach aligns powered-lift with 

helicopter requirements in FAA 

operational rules in parts 91, 135, and 

136. The commenter stated that the 

FAA’s proposal to align powered-lift 

more closely with airplane regulations 

creates unreasonable mandates for 

energy reserves, minimum safe 

altitudes, and weather minima. 

Supernal also stated that powered-lift 

perform with the same low speed and 

maneuverability as a helicopter and that 

the requirements should reflect these 

characteristics for takeoff and landing. 

Finally, Supernal commented that ICAO 

Guidance Document 10103 provides 

operational rule standards for poweredlift and that this guidance is the basis 

for the ICAO approach. 

ADS placed heavy emphasis on the 

harmonization of regulations in aligning 

with international standards, including 

the United Kingdom. ADS is the trade 

association for the United Kingdom’s 

aerospace, defense, security, and space 

industries. ADS asserted stakeholders 

will seek to export products to U.S. 

customers and therefore have a vested 

interest in the regulatory framework 

currently under review. ADS encourages 

the FAA to align with current guidance 

published in ICAO Doc 10103 because 

this would allow rules to be aligned 

with the aircraft type’s capabilities, 

whether airplane or helicopter. Finally, 


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ADS stated that the ICAO Guidance 

Document 10103 also supports the 

development of performance-based 

operational rules based on the specific 

performance characteristics of an 

aircraft. 

Ferrovial Vertiports stated the FAA 

approach deviates from the 

international standards for powered-lift 

pilot qualification and operations. 

According to the commenter, to remain 

globally competitive, the United States 

should align with the standards 

developed by ICAO regarding poweredlift and tilt-rotor aircraft and seek 

harmonization with trusted allies such 

as the EASA. In addition, HAI 

maintained the SFAR does not address 

the requirements of our bilateral safety 

agreements, particularly with the 

European Union. That agreement 

requires discussions between the FAA 

and EASA when each is contemplating 

regulations affecting design, production, 

or maintenance. 

L3Harris supported the FAA’s 

intention to use the SFAR as a bridge to 

permanent rulemaking and gathering 

data for future adjustments. However, 

this commenter stated that the proposed 

SFAR does not provide the necessary 

conditions to enable initial operations 

and the collection and sharing of 

performance data. L3Harris believes that 

alignment with the ICAO Document 

10103 framework in the final rule would 

enable operators to collect and share 

data about the suitability of rotorcraft 

operational rules for powered-lift, adjust 

current standards, and accommodate the 

diverse range of vehicle types and 

performance within the powered-lift 

category effectively. L3Harris further 

proposed the SFAR should be 

reexamined by a permanent rulemaking 

effort as soon as practicable. 

The NBAA stated that using ICAO 

Document 10103 as a basis, powered-lift 

aircraft would utilize helicopter fuel 

reserves, weather minimums and most 

other helicopter operational rules in 

parts 91, 135, and 136; however, 

because the aircraft can glide farther 

than rotorcraft and some are capable of 

high altitudes, airplane rules would 

apply to overwater operations and highaltitude oxygen requirements. Supernal 

suggested revising existing fuel reserve 

requirements to a performance-based 

standard for powered-lift. In doing so, 

Supernal believes an equivalent level of 

safety can be maintained. Further, 

Supernal also requested the SFAR to 

apply helicopter altitude and weather 

minima for approach, departure, and 

landing. 

In the past, when the FAA has found 

that it lacks sufficient experience 

regarding new operations, the use of an 

SFAR has been an effective way to gain 

such experience while enabling some 

degree of limited operations. Such 

SFARs have typically temporarily 

enacted conservative safety approaches 

to enable operations, allowing both the 

FAA and industry to observe those 

operations and then incorporate 

additional efficiencies while 

maintaining safety in a later permanent 

change to the regulations. 

The FAA acknowledges that AWPC 

has accomplished many flight hours 

while working toward the type 

certification of the AW609. However, 

there are many other powered-lift 

entering the market and the FAA notes 

that these rules are applicable to all 

powered-lift. Further, the FAA notes 

that ICAO Document 10103 sets forth 

basic guidance relative only to large 

turbine-powered tilt-rotors; however, 

this guidance does not address electricpowered tilt-rotors or other types of 

powered-lift. Additionally, the FAA 

reviews and evaluates training and 

operational suitability during an FSB in 

which AWPC will deliver its proposed 

type rating course to FAA FSB members 

for approval. 

ICAO Document 10103 addresses the 

fact that tilt-rotor aircraft are a class of 

powered-lift. This document also makes 

a note that the manual does not address 

other aircraft within the powered-lift 

category such as vectored-thrust or 

ducted fan. The FAA is aware and fully 

understands the nature of this document 

in that the recommendation is to replace 

the terminology in regard to other 

regulations specific to helicopters with 

that of tilt-rotor. Although ICAO at the 

time anticipated the document would be 

used as a basis for other civil-powered 

aircraft as they approach design 

maturity, the FAA’s position is that the 

tilt-rotor is a class of powered-lift, and 

a one-for-one swap of this terminology 

would not align in general terms with 

the intent in issuing a powered-lift 

category rating. 

Notwithstanding, the FAA has 

evaluated each specific operating rule 

and the safety intent provided. 

Specifically, in response to comments 

received, the FAA determined that an 

equivalent level of safety may be 

maintained in some instances by 

applying performance-based criteria 

with certain parameters under parts 91 

and 135. These new requirements allow 

the use of some helicopter rules as long 

as the operator complies with the 

appropriate risk mitigations that are 

detailed in the final rule. Therefore, 

there is no longer a distinct dividing 

line between airplane or helicopter rules 

being applicable to powered-lift. This 

approach more fully aligns with the 

ICAO Document 10103. While the FAA 

notes that the Document 10103 is 

guidance material—rather than 

international standards—the FAA 

believes the final rule addresses these 

comments and may consider these 

comments again in the future as 

empirical evidence and data are 

obtained through initial operations. 

Specific performance-based operating 

rules are outlined in the SFAR tables to 

§§ 194.302 and 194.306. 

C. Airworthiness of Aircraft 

ICAO Annex 8 does not address 

powered-lift airworthiness standards. 

Because ICAO has declared Annex 8 as 

constituting the minimum standards for 

the purpose of Article 33 of the Chicago 

Convention, it is not clear whether the 

lack of ICAO standards would result in 

States not recognizing another State’s 

airworthiness certificate for a poweredlift since no minimum international 

standards currently exist. Since 

publication of the NPRM, no revision of 

ICAO Annex 8 design standards for 

powered-lift has been initiated by ICAO. 

While ICAO Document 10103 provides 

basic guidance related to large turbinepowered tilt-rotors, the guidance does 

not address electric-powered tilt-rotors 

or other types of powered-lift at this 

time. 

Powered-lift are special class aircraft 

for FAA type certification. The FAA 

will apply airworthiness criteria that 

meet an equivalent level of safety to the 

existing airworthiness standards in 

§ 21.17(b), which would be eligible for 

a standard airworthiness certificate 

under § 21.183. The FAA continues to 

hold that leveraging its existing 

standards through the process in 

§ 21.17(b) meets the intent of ICAO 

Annex 8 since design standards for 

these aircraft currently do not exist. The 

FAA received no comments on the 

airworthiness standards for powered-lift 

as it relates to ICAO and international 

standards. 

IX. Advanced Air Mobility 

The FAA noted in the NPRM that 

powered-lift will support future 

deployment of advanced air mobility 

(AAM) operations and this rulemaking 

is a key step in integrating AAM into the 

national airspace. The AAM 

Coordination and Leadership Act 

defines ‘‘advanced air mobility’’ as ‘‘a 

transportation system that transports 

people and property by air between two 

points in the United States using aircraft 

with advanced technologies, including 

electric aircraft or electric vertical takeoff and landing aircraft, in both 

controlled and uncontrolled 


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443AAM Coordination and Leadership Act, 

Public Law 117–203 (Oct. 17, 2022). 444FAA Reauthorization Act of 2024, Public Law 

118–63 (May 16, 2024). 445Airlines for America’s response to DOT–OST– 

2023–0079. 446Request for Information on Advanced Air 

Mobility, 88 FR 31593 (May 17, 2023). The DOT’s 

RFI was published to inform the national strategy 

required by the AAM Coordination and Leadership 

Act. 

447Airworthiness Criteria: Special Class 

Airworthiness Criteria for the Joby Aero, Inc. Model 

JAS4–1 Powered-Lift, 89 89 FR 17230 (Mar. 8, 

2024). 

airspace.’’ 443 The FAA Reauthorization 

Act of 2024 updated the definition to 

mean ‘‘a transportation system that is 

comprised of urban air mobility and 

regional air mobility using manned or 

unmanned aircraft.’’ 444 AAM includes 

transporting passengers in concentrated 

urban environments with electric 

Vertical Takeoff and Landing (eVTOL) 

aircraft. 

Many commenters suggested there are 

potential benefits of AAM, including 

increased transportation efficiency and 

environmental benefits, among others. 

A4A expressed its enthusiasm for the 

potential advancements in air 

transportation that AAM will bring and 

noted safety should be the highest 

priority for AAM oversight and 

integration in the aviation environment. 

A4A urged the FAA to adopt A4A’s 

recommendations 445 made in response 

to the DOT’s request for information on 

AAM strategy 446 and expressed its 

support for the proposed SFAR for 

powered-lift pilots, noting that it 

expects ‘‘for hire’’ operations will be 

regulated and certificated as air carriers 

conducting operations under part 135. 

The FAA’s research strategy is 

evolving to incorporate research needed 

to inform AAM integration, in 

alignment with the agency’s increasing 

focus on AAM. This AAM research 

strategy follows a crawl, walk, run 

approach. The crawl phase focuses on 

research to enable initial operations. 

The walk phase is characterized by 

research to support increased AAM 

operations and increased levels of 

automation. The run phase includes 

highly automated traffic management, 

remotely piloted and autonomous 

aircraft, and increased operational 

frequency. 

The FAA envisions a safe and 

efficient aviation transportation system 

that will use highly automated aircraft 

to transport passengers and/or cargo 

within urban areas. As it relates to 

powered-lift, the FAA’s research 

priorities regarding AAM and Urban Air 

Mobility focus on Air Carrier 

Operations—investigating and 

identifying the key differences between 

current air carrier operations and future 

AAM transport operations. 

As part of the powered-lift rulemaking 

effort, the FAA is modifying its 

regulatory approach for certifying 

operation of powered-lift as well as 

certification requirements for the pilots 

operating these types of vehicles. The 

change is part of the agency’s efforts to 

integrate new types of aircraft safely and 

efficiently into the NAS, while 

providing a simpler pathway for 

applicants to obtain the necessary FAA 

approvals. The agency is type 

certificating powered-lift under its 

special class aircraft process in 

§ 21.17(b), using performance-based 

airworthiness standards contained in 

part 23 for normal category airplanes. 

The special class process is designed to 

address the many novel features of 

unique aircraft such as these emerging 

powered-lift designs. The FAA’s first 

powered-lift rulemaking effort for a 

specific manufacturer was published on 

November 8, 2022, and made available 

for public comment in the Federal 

Register,447 with a final document 

published on March 8, 2024. 

Using performance-based criteria 

enables the FAA to more effectively 

manage new concepts in new 

technology and innovation, including 

powered-lift. In addition, in this final 

rule, the FAA will implement certain 

performance-based regulations in parts 

91 and 135 that will allow more 

operational flexibility for powered-lift. 

Supernal expressed concern about 

AAM access to the National Airspace 

System (NAS). According to the 

commenter, the NPRM’s principle that 

AAM operations cannot disrupt existing 

operations would significantly limit 

AAM access to the NAS, thereby 

creating a barrier to AAM operations. 

Supernal urged the agency not to wait 

to initiate ATC support for AAM in the 

NAS given the lead times associated 

with developing and implementing 

NAS-wide ATC capabilities. Currently, 

the FAA’s Air Traffic Organization and 

Aviation Safety Organization are 

working together to modify JO 7110.65, 

which details air traffic separation 

standards. While the FAA may 

determine that future changes to JO 

7110.65 are needed to efficiently and 

safely integrate AAM into the NAS, ATC 

will continue to use its existing 

standards for integration of new aircraft 

into air traffic operations. 

An individual said that because 

eVTOLs are unprecedented in their 

level of connectivity within the aircraft 

in terms of linkages to controls and an 

electric powerplant, as well as the 

external environment, eVTOL pilots 

should be certified for proficiency in 

cybersecurity. The commenter said 

areas for training should include 

preventing and detecting potential cyber 

incidents and cyber incident response 

management for all phases of flight. 

Another commenter stated that the FAA 

should consider cybersecurity issues, 

wireless communications issues, and 

regulatory challenges such as 

certification for autonomous systems 

and remote safety pilots. 

The FAA agrees that new technology 

utilized by eVTOLs presents unique and 

novel challenges regarding linkages to 

controls and electric powerplants. 

However, the FAA disagrees with the 

commenter’s assertion that pilot training 

should include the prevention, 

detection, and response management 

principles because cybersecurity is 

addressed in the aircraft design during 

type certification. The FAA further 

notes that cybersecurity prevention, 

detection, and mitigation is not 

typically a flight crew responsibility and 

is not an element of pilot training. 

Rather, cybersecurity is accomplished 

when the aircraft is designed and 

certificated, ensuring aircraft system(s) 

security, integrity, and availability of 

the data networks are not compromised. 

Several commenters suggested that 

alignment with ICAO standards and 

collaboration with the international 

community would enhance the FAA’s 

global leadership role in powered-lift 

and AAM more broadly. The FAA is 

actively engaged with international 

certification authorities to define and 

align the certification requirements for 

AAM. FAA bilateral agreements cover 

innovative projects such as eVTOL 

aircraft, and the FAA is working with 

other foreign regulators to validate their 

eVTOL aircraft under development and 

to develop a path for U.S. eVTOL 

aircraft to be validated by them. The 

level of new and innovative technology 

in an eVTOL aircraft is high, so early 

partnerships and cross-authority 

communication to harmonize the FAA’s 

approach for these technology areas are 

critical to the FAA’s success. 

International engagement, 

collaboration, and harmonization are 

integral parts of the FAA’s mission 

given the global nature of this industry 

when it comes to aviation safety. The 

FAA remains committed to improving 

the sharing of knowledge and 

information to advance global aviation 

safety and to advance technological 

advancements. Additionally, the FAA 

co-leads the Asia-Pacific Bilateral 

Partners (APAC) AAM Working Group 

(WG). The APAC AAM WG endeavors 

to improve understanding and 

collaboration on the certification of 


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448To enable a more comprehensive SFAR, the 

NPRM also proposed several limited permanent 

changes. 

449Similarly, the FAA may find it necessary to 

revise the SFAR to include additional requirements 

to mitigate an unanticipated safety risk. 450See Public Law 118–63, § 955(c) and (d). 

AAM. This includes promoting the use 

of a risk-based approach to ensure that 

the level of certification rigor reflects 

the level of safety risk presented by the 

design and operation of the product. 

X. SFAR Framework and Duration 

In the NPRM, the FAA proposed to 

enable powered-lift operations on a 

temporary basis 448 through the 

adoption of an SFAR to supplement 

existing rules, create temporary 

alternatives for airman certification, 

remove operational barriers, and 

mitigate safety risks for powered-lift. 

The FAA proposed a duration of 10 

years to facilitate industry’s entrance 

into operations and provide the FAA an 

opportunity to assess operations and 

gather data to inform a future permanent 

comprehensive regulatory scheme. 

Commenters generally supported the 

temporary adaptability of the SFAR. 

CAE and NBAA recommended the FAA 

either apply a shorter duration to the 

SFAR effective period or commit to 

revisiting on a more frequent basis of 2 

or 3 years. 

Supernal similarly stated that, while 

the industry lacks sufficient safety data 

today, data will become available in the 

next few years. Supernal requested that 

the FAA revise the proposed regulation 

by creating a mechanism to allow for 

periodic reviews every 2 years, allowing 

industry to provide new safety data to 

support alternative means of 

compliance. Supernal argued that 

waiting 10 years before proposing 

updated rules for powered-lift would 

limit the ability of the AAM industry to 

mature and would compromise the 

FAA’s ability to maintain global 

leadership in this critical new sector of 

aviation. GAMA also suggested that the 

FAA revisit the proposed SFAR and 

take inventory of operational data at 

regular intervals, such as 2 years, in 

order to make the necessary refinements 

based on lessons learned during initial 

operations. 

Lilium and BETA recommended 

applying a performance-based approach 

in the SFAR. Lilium contended that a 

‘‘one-size-fits-all’’ approach to poweredlift inadvertently stimies innovation. It 

recommended allowing discretion to 

approve alternate requirements by 

adding language like ‘‘unless authorized 

by the Administrator.’’ BETA said the 

SFAR should include provisions 

supporting performance-based 

requirements and provide a path for 

manufacturers and operators to share 

aircraft or training device performance 

data with the FAA. 

One commenter requested additional 

information pertaining to training and 

testing under requirements for poweredlift pilots, flight instructors, and 

examiners. Specifically, the commenter 

asked how the SFAR training and 

testing requirements would be different 

from existing airplane and helicopter 

pilots, flight instructors, and examiners. 

For example, the commenter seeks 

clarification on whether courses, 

modules, or hours of ground and flight 

training would be required, or whether 

certain written, oral, or practical tests 

would be required. The commenter 

suggested the FAA outline the specific 

content and format of training. 

One pilot expressed concern about 

whether the proposed SFAR was 

premature, in terms of its ability to 

adequately anticipate future poweredlift designs, which the pilot said could 

risk developing overly restrictive rules. 

As explained in the NPRM, the FAA 

considered several different factors 

when selecting 10 years as the 

appropriate duration for the SFAR. The 

FAA considered the time it will take to 

initiate operations after the adoption of 

a final rule, the number of powered-lift 

that will be type certificated and 

commercially viable when the final rule 

is effective, and the appropriate length 

of time to collect operational data and 

documentation to support permanent 

amendments to the FAA’s regulations. 

To balance the time necessary to inform 

a permanent rulemaking, facilitate 

powered-lift operations, and ensure the 

SFAR maintains its temporary nature, 

the FAA is adopting the 10-year 

effectivity duration, as proposed. In 

response to the commenters who 

recommended a shorter duration for the 

SFAR, the FAA notes that the 10-year 

duration does not prevent the FAA from 

making interim changes to the SFAR in 

the interest of safety. Similarly, the 10- 

year duration does not preclude the 

FAA from amending the SFAR during 

the 10-year period by removing a 

regulatory burden on the powered-lift 

industry, provided the operational data 

collected demonstrates that safety is 

unaffected.449 As stated in § 194.107, 

the FAA may amend or rescind 

provisions of the SFAR as necessary. 

In response to the commenters who 

recommended the FAA revisit the SFAR 

every 2 to 3 years, the FAA recognizes 

the benefits of routinely evaluating the 

temporary regulatory framework in light 

of the operational data the FAA will 

receive from industry. The FAA agrees 

that periodic reviews will be beneficial 

and necessary to ensure the regulatory 

framework adapts as powered-lift 

operations progress. However, the FAA 

does not require rule language to enable 

its periodic review of the SFAR. 

Maintaining flexibility in its ability to 

review the SFAR is beneficial and 

necessary for the following reasons. 

First, with such a nascent industry, it 

is unpredictable when formal reviews 

and subsequent revisions to the SFAR 

will be necessary, and codifying a 

review timeline diminishes the 

flexibility the FAA needs to ensure the 

regulations are appropriately adapting 

to changes in the powered-lift industry. 

The FAA may evaluate its regulations at 

any time it deems necessary or if an 

individual petitions for rulemaking or 

an exemption under 14 CFR part 11. 

FAA regulations at 14 CFR part 11.61 

provide a mechanism for an individual 

or entity to petition for rulemaking or an 

exemption, thereby requiring the FAA 

to conduct a review of that request. Not 

codifying a review timeline allows the 

FAA to initiate its own internal review 

when it deems appropriate, and part 11 

allows the public to request a 

rulemaking or exemption, requiring the 

FAA to further assess whether it should 

amend its regulations. 

Second, FAA believes that the 

approach required by section 955 of the 

FAA Reauthorization Act of 2024, will 

enable FAA to obtain necessary real 

world operational data to inform future 

rulemaking, on a reasonable timeline. 

Section 955 mandates that the FAA 

establish an aviation rulemaking 

committee (ARC) no later than three 

years after the FAA issues the first 

powered-lift commercial operating 

certificate to provide the Administrator 

with specific findings and 

recommendations for, at a minimum, 

the creation of a standard pathway for 

the performance-based certification of 

powered-lift; the certification of airmen 

capable of serving as pilot-in-command 

of a powered-lift; and operation of 

powered-lift in commercial service and 

air transportation. In addition, section 

955(d) requires the FAA to initiate a 

rulemaking no later than 270 days after 

the ARC submits its report to implement 

the findings and recommendations of 

the ARC, as determined appropriate by 

the Administrator.450 Not only does this 

language impose a timeline for 

establishing the ARC and subsequent 

rulemaking, it acknowledges that an 

ARC will first need real-world 

operational data from commercial 

powered-lift operations before it can 


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451The FAA further notes that other pathways 

remain available to industry to explore innovation. 

Powered-lift manufacturers and operators may 

petition for exemption if they develop new and 

novel approaches to address powered-lift issues. 

Any member of the public may also petition for 

rulemaking to request the FAA consider specific 

revisions or new regulations, as necessary. 

452For example, SFAR No. 29 allowed the FAA 

to obtain rotorcraft IFR operational data before 

issuing permanent rotorcraft IFR regulations. See 

FAA Study of Limited IFR Operations in Rotorcraft, 

40 FR 2420 (Jan. 13, 1975) (SFAR No. 29); see also 

Limited IFR Operations of Rotorcraft, 41 FR 1060 

(Jan. 6, 1976) (SFAR No. 29–1). 

453The FAA further notes that other pathways 

remain available to industry to explore innovation. 

Powered-lift manufacturers and operators may 

petition for exemption if they develop new and 

novel approaches to address powered-lift issues. 

Any member of the public may also petition for 

rulemaking to request the FAA consider specific 

revisions or new regulations, as necessary. 

provide informed recommendations for 

a permanent rulemaking. The FAA finds 

it impractical to impose rigid, codified 

timelines mandating periodic regulatory 

review when it is unclear when 

operational data and information will be 

available. 

Consequently, it is unnecessary to 

revise the proposed rule language, as 

Supernal requested, to create a 

mechanism to require the FAA to 

conduct periodic reviews every 2 years. 

As discussed above, the FAA intends to 

routinely revisit the SFAR as it gathers 

data from the powered-lift industry— 

and if it receives part 11 petitions—to 

evaluate whether adjustments to the 

SFAR are necessary. It is also committed 

to establishing an ARC in accordance 

with section 955(c) to determine what 

the permanent comprehensive 

regulatory framework should look like 

for powered-lift and to initiating a 

rulemaking in accordance with section 

955(d). 

In response to Supernal’s assertion 

that waiting 10 years before proposing 

updated regulations for powered-lift 

would stifle the AAM industry and 

compromise the FAA’s ability to 

maintain global leadership in this new 

sector of aviation, the FAA clarifies that 

the 10-year duration for the effectivity of 

the SFAR does not mean that the FAA 

will not propose any updated 

regulations in the interim. As previously 

stated, the FAA may amend or rescind 

provisions of the SFAR as necessary. 

Thus, the FAA is not precluded from 

proposing updating regulations prior to 

the expiration of the SFAR. 

Additionally, the FAA intends to have 

permanent regulations in effect by the 

end of the 10-year SFAR duration, not 

simply begin the rulemaking process in 

10 years (i.e., publication of an NPRM). 

However, the FAA maintains its 

position that it needs time to gather data 

from powered-lift in civilian operations 

to better inform permanent regulations 

for powered-lift. The FAA anticipates 

gathering data and information through 

(1) information collections; (2) 

regulatory requirements; (3) regular, 

formal, and informal interactions with 

the public, including conferences, datasharing systems, and outreach 

initiatives; (4) the ARC to be established 

in accordance with section 955(c) of the 

FAA Reauthorization Act; and (5) 

informal anecdotal information and 

observations. The delay in proposing 

permanent regulations for powered-lift 

will not stifle AAM innovation or 

compromise the FAA’s ability to 

maintain global leadership in this sector 

of aviation. Rather, the FAA is taking a 

regulatory approach that will enable the 

safe integration of powered-lift in the 

NAS and allow industry to evolve and 

innovate under a temporary regulatory 

framework. The temporary nature of the 

SFAR will provide FAA an opportunity 

to gain experience with powered-lift 

and learn what the permanent 

regulatory framework should look like 

for these operations through assessment 

of powered-lift operations, training, and 

certification to determine the most 

appropriate permanent regulations for 

this new category of aircraft.451

With regard to the potential 

prematurity of the SFAR, the FAA notes 

that the leading powered-lift 

manufacturers expect to receive initial 

type certification for their powered-lift 

in 2025. Thus, rulemaking is necessary 

to ensure the essential regulations are in 

place for the operation of these 

powered-lift. Further, when the FAA 

lacks sufficient experience regarding 

new operations, the use of an SFAR has 

been an effective way to gain such 

experience while enabling a degree of 

limited operations.452 If the FAA 

determines during the term of the SFAR 

that the SFAR imposes overly restrictive 

or conservative requirements on 

powered-lift, the FAA may amend 

requirements in the SFAR as necessary. 

A performance-based regulation is an 

‘‘outcome-based’’ regulation that 

specifies the desired, measurable 

outcome to be achieved without 

prescribing the specific requirements to 

achieve that outcome. Thus, adding a 

provision that permits the FAA to 

authorize another means of complying 

with a prescriptive requirement does 

not make the underlying requirement 

‘‘performance-based.’’ Because the FAA 

needs time to gain experience with 

powered-lift designs and operations, the 

FAA finds that it would be premature to 

develop a comprehensive performancebased regulatory scheme in the SFAR at 

this time. However, the FAA recognizes 

the importance of adopting 

requirements in the SFAR that allow for 

innovation and that enable the safe 

integration of powered-lift into the NAS. 

To that end, the FAA has evaluated its 

proposed requirements based on the 

comments received to determine where 

it can add flexibility, performance-based 

elements, and alternate pathways, and it 

has added some performance-based 

criteria where appropriate. In response 

to the comments about providing a path 

for manufacturers and operators to share 

data with the FAA, the FAA finds that 

rule language is not necessary to enable 

this communication with industry. The 

FAA welcomes data from powered-lift 

manufacturers and operators during the 

course of the SFAR. For example, as 

OEMs continue to work through the 

type certification process in partnership 

with the FAA and interact with their 

certificate management teams, the FAA 

will naturally obtain data and 

information from the regulated 

community. To the extent commenters 

suggested applying performance-based 

regulations to specific sections of the 

SFAR (e.g., airman certification), these 

comments are adjudicated in their 

respective section. 

In response to the comment regarding 

outlining the content and format of 

training during the SFAR, the FAA 

notes that part 194, as adopted by this 

final rule, provides the training and 

testing requirements in tandem with the 

standing requirements in parts 61, 135, 

141, and 142, as applicable. 

Specifically, an applicant for a 

certificate with powered-lift ratings will 

be required to comply with the basic 

training and testing requirements 

expected of, for instance, an applicant 

for a certificate with airplane ratings, 

with the exception of certain alternate 

requirements set forth by part 194. 

Course and module requirements were 

not specifically outlined in the SFAR, 

aside from the alternate experience 

requirements, because a training 

program would be required to comply 

with the part under which the training 

program is conducted (i.e., part 135, 

141, or 142). Similarly, part 61 and part 

194 will set forth the expected number 

of ground and flight training hours. 

Section V. of this preamble 

comprehensively describes the training 

and testing expectations for powered-lift 

airman certification.453

XI. Autonomous Powered-Lift 

As noted in the proposed rule, the 

FAA anticipates a variety of civilian 

powered-lift will come to the market 

with ‘‘varying degrees of 


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454 Integration of Powered-Lift: Pilot Certification 

and Operations; Miscellaneous Amendments 

Related to Rotorcraft and Airplanes NPRM, 88 FR 

38947 (June 14, 2023). 

automation.’’ 454 Although the NPRM 

proposed requirements for pilot 

certification and operation of poweredlift, some commenters addressed 

autonomous powered-lift in response to 

the proposed SFAR. 

Sabrewing Aircraft Company (SACO) 

approved the NPRM’s general approach 

to powered-lift certification as 

applicable to manned operations but 

proposed that remote pilots who operate 

powered-lift that use auto-flight control 

systems and no manual flight controls 

should be exempt from the proposed 

requirements of a powered-lift pilot 

certificate. The commenter argued that, 

because these aircraft have no manual 

flight controls, demonstrated manual 

pilot proficiency should not be required. 

SACO also stated these vehicles would 

be operated in auto-pilot mode for all 

phases of flight with remote pilots using 

‘‘push buttons’’ to change flight modes 

(takeoff, cruise, descent, etc.). The 

commenter proposed that these remote 

pilots should instead be required to, 

first, be familiar with IFR rules and 

procedures for rotorcraft operations 

during arrivals and departures and, 

second, possess at least a commercial 

certificate with any category rating and 

the corresponding instrument rating. 

One commenter suggested that 

waivers should be granted for 

autonomous cargo-only powered-lift 

flights conducted in remote offshore 

locations such as mining sites and 

offshore platforms. The commenter 

stated that operational risks are lower in 

these remote locations because there are 

few, if any, people or critical public 

infrastructure located in these areas, and 

the only conflicting air traffic is offshore 

helicopters at low altitudes. The 

commenter argued that relaxing 

regulatory requirements would—in 

addition to enhancing the efficiency of 

material transportation to remote 

locations—provide the FAA with early 

data to aid its decision-making 

processes and increase readiness for 

passenger flights on both crewed and 

uncrewed powered-lift. Lastly, the 

commenter noted issues requiring 

consideration before deploying 

autonomous powered-lift flights to these 

remote locations, including the need for 

some form of certification of safety 

pilots who would need to monitor and 

potentially take control of the aircraft. 

While industry may manufacture an 

unmanned powered-lift, this rulemaking 

is not addressing aircraft certification, 

airman certification, or operational 

requirements of such an aircraft and, 

thus, addressing pilot certification in 

this context is outside the scope of this 

rulemaking. Any UAS falling outside 

the requirements of part 107 would 

require exemptions and/or other FAA 

authorization to operate. 

A pilot stated that the NPRM either 

misunderstands or ignores the latest 

automated technologies, from sensorfusion to auto-flight, auto-landing, and 

auto-recovery systems that will render 

some of the SFAR requirements 

obsolete. The commenter recommended 

more thoroughly considering these 

automated technologies. Similarly, 

AUVSI expressed concern that an overly 

conservative application of legacy 

requirements to regulate fully electric 

highly autonomous aircraft will not 

promote safety or serve the AAM 

industry. Further, an individual stated 

that greater levels of autonomous 

controls and detection sensors will be 

necessary at some point to address 

saturation. The commenter emphasized 

that onboard and decentralized ground 

sources will initially be needed to 

augment controls, but that fixed routes 

and pilot or centralized ground control 

will not be necessary long term. The 

individual also raised the issue of cyber 

resiliency. The FAA did not propose 

any new or prescriptive aircraft 

certification procedures in relation to 

new technology because certificating 

powered-lift through the special class 

process allows the FAA to address the 

novel features of unique and 

nonconventional aircraft without the 

need for additional processes such as 

special conditions or exemptions that 

would be required if the FAA used the 

airworthiness standards already in 

place. 

Other commenters expressed concern 

that the proposed rule did not 

adequately consider automation and 

emerging technologies. AUVSI noted 

this concern and encouraged the FAA to 

acknowledge the safety benefits that 

automated systems can provide for 

powered-lift operations and training. 

Similarly, L3Harris stated that 

Simplified Vehicle Operations concepts 

will facilitate the safe certification, 

training, and entry into service of these 

aircraft. SAE International contended 

the level of automation across the 

various VTOL-capable aircraft in 

process requires a more flexible, 

performance-based approach to 

certification. FlightSafety International, 

Inc. requested the FAA clarify certain 

statements in the NPRM regarding SVO, 

to recognize that many powered-lift in 

design have SVO and to more accurately 

characterize new VTOL AAM aircraft 

coming to the civilian market. 

The FAA recognizes that autonomous 

powered-lift may be developed for the 

market in the future and that a 

subsequent rulemaking addressing 

autonomous aircraft and their 

operations could be necessary. 

Notwithstanding, the FAA’s scope in 

this powered-lift SFAR only addresses 

piloted powered-lift. Because the 

comments are outside the scope of this 

rulemaking, the FAA did not amend the 

proposed regulatory text. Additionally, 

concerns regarding SVO requiring a 

more flexible, performance-based 

approach to pilot certification are 

adjudicated by virtue of the approach 

taken to ensure waiver of a certain task 

is possible in circumstances where a 

powered-lift is not capable of 

performing a certain task during the 

aircraft certification process as outlined 

in section V.H.1. of this preamble. 

Therefore, the FAA did not revise the 

proposed SFAR in response to these 

comments. 

XII. Comments to Regulatory Impact 

Analysis 

The FAA invited interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views on the regulatory impact analysis 

for the proposal. Specifically, the FAA 

requested information and data that 

could be used to quantify the 

incremental benefits and costs of the 

finalized rule. The FAA also requested 

information on the assumptions and 

uncertainties discussed in the regulatory 

impact analysis. Presented below is a 

summary of those comments. 

Many commenters stated that the 

costs of the proposal could be as much 

as four times greater than what was 

presented in the regulatory impact 

analysis. The FAA thanks the 

commenters for their input and 

acknowledges not all costs of the 

proposed SFAR were monetized due to 

a lack of information to develop 

informed estimates. The FAA stated in 

the proposal that individuals and 

entities choosing to operate powered-lift 

would incur incremental costs to do so, 

but on a scale no greater than the costs 

imposed on individuals and entities 

choosing to operate airplanes and 

rotorcraft under existing regulations. 

The FAA concedes that the analysis of 

the proposal could have better 

emphasized that not all costs were 

monetized. For the analysis of the final 

rule, the FAA has incorporated 

information received during the notice 

and comment period and as a result has 

revised the monetization of the rule’s 

costs. 

A commenter stated it engaged NERA 

Economic Consulting to assist with 


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455The pilot forecast provided in the NPRM 

failed to account for operational redundancy due to 

leave (i.e., vacations, sick leave, training) and job 

turnover (i.e., retirements and pilots changing jobs). 

Accordingly, the FAA adjusted the forecast for the 

number of pilots that would be required to operate 

the powered-lift upward. 

456Several eVTOL manufacturers have contracted 

with part 142 certificate holders for the provision 

of pilot training. CAE reports it is working with 

Joby, Vertical Aerospace and BETA Technologies, 

while Flight Safety International is working with 

Lilium. Sources: www.ainonline.com/aviationnews/business-aviation/2023-03-01/trainingproviders-gear-aam-market; lilium.com/newsroomdetail/lilium-flight-safety-international-partnership. 

457OMB Circular A–4 (whitehouse.gov). The link 

provided is to the current version of Circular A–4. 

The current version was released after the proposed 

SFAR was published. The analysis for the finalized 

powered-lift SFAR uses applies the present value 

discount rates used in the proposed SFAR in order 

more easily assess the change in costs between the 

proposed and finalized SFAR. 

458Circular A–4 has been revised since 

publication of the proposed SFAR. 

estimating the total cost of the NPRM. 

The analysis concluded that the 

proposed rules would impose social 

costs of approximately $961.9 million 

over the 10-year regulation period. The 

estimate included $695.8 million 

attributable to the cost of full flight 

simulators (FFS) and associated 

infrastructure based on industry data 

indicating that each manufacturer 

would require six FFSs. The same 

analysis also concluded that the 

proposed 45-minute fuel reserve 

requirement would cost approximately 

$127.8 million due to disruptions in 

optimized charging cycles, leading to 

reduced battery life and more frequent 

battery replacement. The same 

commenter also provided information 

estimating the cost for manufacturers to 

provide dual-control aircraft for the 

purpose of training ($93.75 million over 

10 years) and information for the 

number of individuals that would be 

required to operate the fleet of aircraft 

anticipated to enter the fleet over the 10- 

year period of the SFAR. 

The FAA values the many comments 

submitted on the costs of the regulatory 

impact analysis for the proposed rule, 

and especially those comments 

containing information or data that can 

be used to monetize costs. Based on 

information received from one of the 

commenters the FAA has revised the 

regulatory impact analysis for the 

finalized rule to reflect the monetization 

of costs associated with the minimum 

fuel reserve requirement and the 

provision of dual-control aircraft for 

training. In addition, the forecast for 

pilots required to operate the poweredlift anticipated to enter the fleet has 

been revised upward.455 The same 

commenter also provided an estimate of 

costs for full flight simulators and the 

associated infrastructure to house them. 

The FAA notes the final rule provides 

three pathways for relief from costs for 

the provision of dual-control aircraft for 

the purpose of training. The costs for the 

alternative pathways are not included as 

this would create double-counting of 

costs for the SFAR and are not included 

in the costs of the final rule. 

The first pathway provides relief by 

allowing for flight training in an aircraft 

with a single-control accessible to two 

pilot stations. Without this relief, the 

dual controls requirement of § 91.109 is 

aircraft generic and would require dual 

controls in powered-lift when used for 

flight instruction. Furthermore, a 

manufacturer needs to determine what 

markets or operations they want their 

aircraft to be used for (i.e., flight training 

for part 135 passenger carrying 

operations) and design their aircraft to 

meet the operational rule requirements 

for that operation or market. A single 

control accessible to two pilot stations 

would likely be less costly to design and 

build than a dual control configuration 

and therefore be a cost savings to an 

OEM. Furthermore, this provision 

relieves the manufacturer from the cost 

of developing and building an FFS to 

conduct flight training. 

The second pathway for relief is the 

allowance for 100 percent use of FFSs 

for the provision of training. The use of 

FFS for training can be advantageous 

compared to flight training in aircraft. 

For example, FFSs can be used for 

executing flight scenarios that typically 

do not occur in aircraft or for practicing 

emergency procedures that are likely too 

dangerous to accomplish in an 

aircraft.456 As well, access to FFSs can 

be available for as many as 24-hours per 

day. 

The third pathway for relief from the 

requirement that training be conducted 

in a dual-control aircraft is deviation 

authority. This pathway permits, based 

on future advancements in technology, 

the FAA to issue deviation authority to 

facilitate flight training in powered-lift 

with a single functioning flight control. 

One commenter stated that applying a 

discount factor to future year training 

costs was unnecessary because the costs 

are already based on present-day costs. 

The FAA notes that Federal agencies, 

including the FAA, follow guidance on 

the development of regulatory analysis 

provided by the Office of Management 

and Budget in Circular A–4.457 Circular 

A–4 requires estimated costs and 

benefits of rules to be presented in 

constant, undiscounted dollars, and 

using a present value discount rate.458

Discounting provides an accurate 

assessment of benefits and costs that 

occur at different points in time or over 

different time horizons. 

Some commenters stated the FAA did 

not accurately reflect the cost of flight 

time. One commenter stated the cost of 

the powered-lift category add-on for 

each pilot involved in the FSB should 

be included because this cost would be 

to meet a requirement in excess of the 

ICAO SARPs for pilot certification. 

In response, the FAA notes that while 

an FSB is typically established for large 

jet and propeller aircraft, the 

requirement for an FSB is not exclusive 

to these kinds of aircraft. Accordingly, 

the costs for the FAA to establish an 

FSB are not included in the regulatory 

impact analysis for this final rule 

because the requirement existed prior to 

this rule. Additionally, the FAA has 

taken into consideration the guidance 

outlined in ICAO Document 10103, 

specifically Annex 1, Chapter 2, Section 

2.1—Personnel Licensing. The FAA will 

ensure a sufficient level of safety while 

considering these recommendations; 

however, the FAA will not implement 

these measures at this time. The FAA 

will undertake measures to align with 

ICAO standards, as practicable, at such 

time when ICAO’s recommendations 

become standards. 

One commenter stated that 

accounting for 10 days of training to 

obtain a category add-on and type rating 

was not sufficient and that it would take 

several months. 

The FAA appreciates the comment 

and understands why there may be 

confusion between what is already 

required by regulations versus new 

requirements because of this final rule. 

Prior to the final rule, regulations 

existed that prescribed the requirements 

for an individual to achieve a 

commercial pilot certificate with a 

powered-lift category rating. Since only 

the incremental costs of proposed rules 

are evaluated, only the cost of achieving 

the type rating is evaluated. 

Furthermore, the FAA further asserts 

that the SFAR provides relief to 

individuals seeking a powered-lift type 

rating by providing alternative pathways 

to certification. These alternative 

pathways allow for an airman that holds 

a commercial pilot certificate with 

either an airplane or rotorcraft rating to 

be eligible for a powered-lift type rating. 

Commenters stated that the regulatory 

impact analysis did not properly 

account for the resources and timeline 

implications associated with its 

implementation, as well as the impact of 

potential entry into service delays due 

to an unprecedented use of aircraft for 

pilot certification. One commenter 

contended that if the FAA proceeds 

with the notice and comment 


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459www.ecfr.gov/current/title-14/part-1/section1.1#p-1.1(Powered-lift). 

460See 14 CFR 1.1: ‘‘A heavier-than-air aircraft 

capable of vertical takeoff, vertical landing, and low 

speed flight that depends principally on enginedriven lift devices or engine thrust for lift during 

these flight regimes and on nonrotating airfoil(s) for 

lift during horizontal flight.’’ 

rulemaking for each device’s 

Qualification Performance Standards, 

the RIA should be updated to reflect 

associated costs including opportunity 

costs of delayed entry-into-service. 

The FAA notes that, as discussed in 

section IV.C. of this preamble, this final 

rule will establish a streamlined process 

in accordance with new § 194.105(b) 

allowing an applicant of a powered-lift 

FSTD to forego the notice and comment 

period required for the proposed QPS if 

the FAA finds it is not in the public 

interest, or a prior opportunity to 

comment on a substantially identical 

proposed QPS has been provided. The 

FAA finds these regulatory exceptions 

will address commenters’ concerns 

about resources and timeliness in 

proposed QPS publication. 

Additionally, the FAA anticipates 

working collaboratively with the FSTD 

sponsor and/or manufacturer to develop 

the proposed QPS to preemptively 

address any comments or concerns the 

public may raise during the open 

comment period. Should a notice and 

comment process be required, the FAA 

intends to mirror the period of time 

necessary for notice, comment, and 

comment adjudication with that timing 

typically provided for in the 

certification of special classes of aircraft 

process. 

XIII. FAA Readiness 

Several commenters emphasized the 

importance of the FAA’s preparation in 

the implementation of this final rule. 

NATA stated that the FAA should 

ensure proper allocation of financial 

and human resources while maintaining 

adaptability without unnecessary 

delays. NATA recommended using a 

rulemaking committee that includes 

industry representatives, which it said 

could convene quickly and ensure 

powered-lift regulations achieve their 

objectives. Eve and GAMA expressed 

concerns about the FAA’s resource 

limitations and the agency’s ability to 

support the SFAR’s framework in a 

timely manner, specifically concerning 

pilot certification and training. Eve 

recommended the FAA assess how 

proper resources and personnel will be 

assigned to successfully implement the 

SFAR framework. 

Similarly, Supernal stated that the 

FAA must demonstrate that it has 

sufficient resources to oversee the 

airman qualifications and operations 

requirements. Supernal further stated 

that the effectiveness of the powered-lift 

rules would be greatly diminished if the 

FAA does not have the resources to 

support the airman qualifications and 

operations requirements for powered-lift 

operations. Supernal expressed 

particular concern over the available 

pool of FAA pilots to support the 

number of AAM entities that will be 

completing the FSB approval process in 

the coming years. 

A rulemaking committee is typically 

formulated prior to the commencement 

of rulemaking to ensure industry 

representatives can provide 

recommendations to the agency. Upon 

initial publication of an SFAR, the FAA 

does not view standing up a rulemaking 

committee as a beneficial use of 

resources because the main task of a 

rulemaking committee— 

recommendations for a rule—will be 

complete. Instead, as commenters 

asserted, the FAA must prioritize 

providing proper, timely training and 

qualifications of its workforce, which 

inherently includes dialogue and 

information sharing between industry 

and the FAA necessary to standup a 

qualified workforce. However, as the 

SFAR matures, the FAA does not 

foreclose the possibility of the formation 

of a rulemaking committee to gather 

information and properly inform the 

follow-on permanent rulemaking. 

Specific to powered-lift, this process 

will ensure the FAA can utilize the realworld experiences from operators of 

powered-lift. The information gathered 

via operator experience and industry 

input will further inform the FAA’s 

subsequent rulemaking to codify 

powered-lift permanently in the rules. 

The FAA agrees that the proper 

allocation of resources to this issue is 

critical to the success of this SFAR and 

the powered-lift industry and that rule 

effectivity is largely dependent on the 

Agency’s ability to support 

implementation. AAM and powered-lift 

operations are part of the 

Administrator’s foremost priorities; 

accordingly, the FAA is allocating 

resources to ensure that industry has the 

tools and regulatory structure necessary 

to successfully initiate powered-lift 

certification and operations. 

Additionally, as it pertains to FAA 

pilots, this final rule adds FAA test 

pilots and ASIs into the population of 

pilots that may utilize the alternate 

experience requirements as set forth by 

part 194 to further develop a pool of 

fully certificated and rated powered-lift 

pilots. 

XIV. Definitions 

In § 1.1, the FAA defines powered-lift 

as a heavier-than-air aircraft capable of 

vertical takeoff, vertical landing, and 

low speed flight that depends 

principally on engine-driven lift devices 

or engine thrust for lift during these 

flight regimes and on nonrotating 

airfoil(s) for lift during horizontal 

flight.459

A. Definition of Powered-Lift 

One commenter stated the existing 

powered-lift definition does not specify 

whether the engine-driven lift devices 

or engine thrust must be variable or 

fixed. The commenter said this 

distinction could impact classification 

of some types of aircraft, citing the 

example of a tiltrotor aircraft that can 

vary its engine thrust between vertical 

and horizontal flight modes. The 

individual suggested that the FAA 

clarify this point in its final rule and 

provide examples of types of aircraft 

that qualify (or do not qualify) as 

powered-lift. 

Tiltrotors, as defined in § 36.1, are a 

subset of powered-lift. Aircraft that 

utilize fixed vertical rotors that provide 

the lift during hover and low speed 

flight combined with a wing and 

horizontally mounted propellers for 

cruise flight would also meet the 

definition of powered-lift. Additionally, 

aircraft with variable or vectored thrust, 

similar to the military AV–8 Harrier, 

would meet the definition of poweredlift. The FAA has no plans to change the 

part 1 powered-lift definition. See 

discussion on § 21.17(b) in this 

preamble. 

One commenter stated that the phrase 

used to classify powered-lift 460 was not 

fully vetted, resulting in other aircraft 

like the AV–8, F–35B, AW–609, and V– 

280 being ‘‘roped into’’ the powered-lift 

category. The commenter also stated 

that the fourth axis controllers were not 

sufficient to warrant a separate 

classification. The individual suggested 

that a better definition would 

incorporate the control strategy 

employed by a pilot to command a 

desired flight path in the powered-lift 

definition. 

First, it is unclear what the 

commenter means by ‘‘classification;’’ 

although, the FAA interprets these 

comments to mean the FAA should 

reevaluate the powered-lift definition 

because of the noted characteristics of 

specific military or currently 

uncertificated aircraft. The commenter 

did not provide sufficient rationale for 

revising the definition. Furthermore, the 

FAA disagrees that the definition 

should include information pertaining 

to control strategies because aircraft 


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92462 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 

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

462 88 FR 38952, June 14, 2023. 

463See 88 FR 38949 (June 14, 2023) (‘‘[T]he FAA 

applies operational requirements specific to 

helicopter operations within part 136 to poweredlift operations because the FAA expects poweredlift will hover . . . similarly to helicopters when 

conducting air tours, except when relying on 

horizontal lift.’’). 

464See Integration of Powered-Lift: Pilot 

Certification and Operations; Miscellaneous 

Amendments Related to Rotorcraft and Airplanes, 

NPRM, 88 FR 38946, 39026 (June 14, 2023). 

definitions are based on how the aircraft 

creates lift and moves through the air. 

Creating an aircraft definition that is 

based on how the pilot interacts with 

the aircraft would create a disconnect 

with the existing definitions and likely 

create overlap where aircraft could fall 

under multiple definitions. The 

definitions in part 1 are used for 

complying with regulations dealing 

with pilots’ qualification, operations, 

certification, and many others. Defining 

the aircraft types based on the piloting 

control aspects may make more sense 

for the pilot qualification requirements, 

but defining the aircraft in this way 

would not make sense for other aspects 

of operations, air traffic, and aircraft 

certification. Finally, the FAA believes 

the current definition of powered-lift (as 

stated in § 1.1) is specifically tailored to 

encompass the various types of aircraft 

envisioned as powered-lift, including 

some of the aircraft referenced by the 

above commenter, such as the AV–8, F– 

35B, and AW–609, should those aircraft 

enter the civilian market. In fact, the 

FAA references some of these aircraft as 

specific examples of powered-lift.461

HAI stated that the definition of 

powered-lift does not consider current 

and future AAM aircraft like eVTOLs, 

which do not all depend upon 

‘‘nonrotating airfoil(s) for lift during 

horizontal flight’’ and are therefore 

excluded. HAI said this is inconsistent 

with the NPRM’s intent to cover 

‘‘aircraft configuration changes such as 

tilt-wing, tiltrotor, or tilt-propeller; 

thrust vectoring; direct-lift; or other 

means,’’ 462 when thrust vectoring and 

direct lift do not depend upon 

nonrotating airfoils for horizontal flight. 

The powered-lift definition does not 

exclude future AAM technology as it is 

agnostic to how propulsion is utilized to 

create lift, and the device that is used to 

generate the lift during vertical and 

horizontal flight is not prescribed. The 

definition does not exclude electric 

propulsion, vectored thrust, or other 

‘‘non-conventional aircraft engines,’’ 

therefore allowing flexibility. The only 

types of VTOL aircraft that it would 

exclude would be aircraft that never 

transition onto a wing (or non-rotating 

airfoil as the definition says). These 

aircraft types would qualify as rotorcraft 

and other novel VTOL aircraft, 

according to the existing § 1.1 rotorcraft 

definition, which are not covered in the 

SFAR. 

One commenter in the process of 

developing a hybrid-electric multiengine part 23 airplane supported 

categorizing electric vertical take-off and 

landing (eVTOL) aircraft as ‘‘poweredlift’’ because it is consistent with the 

definitions in § 1.1 regarding poweredlift. 

The FAA agrees with the commenter 

and the definition of ‘‘powered-lift’’ 

under § 1.1. In recent years, rapid 

technological advancements in 

powered-lift have progressed across the 

industry, particularly with eVTOL 

aircraft. And powered-lift will be used 

to support the deployment of AAM 

operations, which the FAA anticipates 

will include eVTOL aircraft. 

B. Definition of Flight Modes 

One commenter sought clarification 

regarding the criteria that will be used 

to evaluate the speed at which a 

powered-lift can transition between 

flight modes and the associated 

definitions. The commenter also 

requested clarification on how poweredlift with faster transition time between 

modes of flight would be accounted for 

in the rule. 

The transitional speed between 

vertical-lift and wing-borne flight modes 

has no bearing on which class, as 

defined in § 1.1, will be assigned to a 

specific aircraft design during its 

certification process. The transition time 

between vertical-lift and wing-borne 

flight modes does not change the 

performance requirements established 

by the rules. An aircraft with greater 

performance capabilities is still required 

to meet the requirements stipulated in 

each applicable rule. 

EASA requested clarification on the 

definition of ‘‘horizontal lift’’ in the 

context of powered-lift operations. In 

the NPRM, the FAA incorrectly referred 

to ‘‘horizontal lift’’ when it was 

discussing part 136 operations.463

Instead, the FAA intended to use the 

term ‘‘horizontal flight’’ because it was 

referring to ‘‘wing-borne flight mode,’’ 

which the FAA defines as ‘‘a mode of 

flight . . . [that] depends exclusively or 

partially on nonrotating airfoil(s) for lift 

during takeoff, landing, or horizontal 

flight’’ (emphasis added). 

In the NPRM, the FAA explained the 

differences between wing-borne and 

vertical-lift flight modes.464 Specifically, 

the FAA explained that ‘‘wing-borne 

flight mode’’ refers to powered-lift that 

are operating like traditional airplanes 

and ‘‘vertical-lift flight mode’’ refers to 

powered-lift that are operating like 

traditional rotorcraft. Although the FAA 

did not receive specific comments on 

how it defines these two flight modes, 

it did receive comments seeking 

clarification on how certain flight 

characteristics, such as transitions, 

would be classified. In addition, as part 

of the final rule, the FAA is providing 

more flexibility than originally 

proposed by promulgating some 

performance-based regulations. Clearly 

defined flight modes will help ensure 

these performance-based standards are 

implemented safely and that operators 

have a clear understanding of when they 

are in vertical-lift flight mode and when 

they are in wing-borne flight mode. 

Consequently, in order to provide 

additional clarity on these flight modes, 

the FAA has determined that codifying 

the flight modes language into 

definitions under § 194.103 is necessary. 

‘‘Vertical-lift flight mode’’ is defined as 

‘‘a mode of flight where a powered-lift: 

(1) is in a configuration that allows 

vertical takeoff, vertical landing, and 

low-speed flight; and (2) depends 

principally on engine-driven lift devices 

or engine thrust for lift.’’ As explained 

in the NPRM, this flight mode resembles 

the characteristics of rotorcraft 

operations. In addition, ‘‘wing-borne 

flight mode’’ is defined as ‘‘a mode of 

flight where a powered-lift is not 

operating in the vertical-lift flight mode 

as defined and depends exclusively or 

partially on nonrotating airfoil(s) for lift 

during takeoff, landing, or horizontal 

flight.’’ As explained in the NPRM, this 

flight mode largely resembles the 

characteristics of airplane operations. 

C. Definition of Heliport 

In the NPRM, the FAA proposed to 

update the definition of Heliport by 

adding the term ‘‘powered-lift’’ to 

ensure that powered-lift could utilize a 

heliport for takeoff and landing 

operations. In the NPRM, the FAA 

requested comments on the viability of 

powered-lift using heliports for takeoff 

and landing operations. The FAA did 

not receive any comments on this 

proposed change to the definition or on 

the viability of powered-lift using 

heliports. However, the FAA would like 

to clarify that adding the term 

‘‘powered-lift’’ to the definition of 

heliport does not imply that all 

powered-lift would be capable of using 

heliports. In order for a powered-lift to 

use a heliport, that powered-lift must be 

capable of meeting or exceeding the 

performance requirements for 

helicopters with respect to their 

controllability and maneuverability. 

Additionally, the powered-lift cannot 


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465 FAA Engineering Brief No. 105, Vertiport 

Design at 11 (Sept. 21, 2022). 

466 88 FR 39027 (June 14, 2023). 

467A Volocopter is an electric multirotor 

helicopter manufactured by a company of the same 

name. 

468A multicopter is a rotorcraft that can have 

more than one rotor providing lift. Although 

multicopters are helicopters by definition, 

multicopters differ from the conventional helicopter 

models originally considered during the 2004 

rulemaking because the takeoff and landing are 

intended to be automated and not require extensive 

pilot training and skill. 

exceed the size and weight limitations 

established for a particular heliport. 

Ferrovial Vertiports requested the 

powered-lift final rule align its 

terminology and attributes for eVTOL 

landing facilities with the FAA’s Office 

of Airports. Ferrovial stated that while 

the FAA conducts and gathers research 

to develop its performance-based 

Vertiport Advisory Circular, the FAA 

can adjust the SFAR to reflect the 

agency’s guidance documents on this 

subject. This will provide consistency 

across FAA documents and offer clarity 

to industry and government and 

community leaders as they seek 

direction in integrating vertiports into 

future projects. 

A vertiport is defined in the current 

FAA Vertiport Engineering Brief as an 

area of land, or a structure, used or 

intended to be used, for electric, 

hydrogen, and hybrid VTOL aircraft 

landings and takeoffs and includes 

associated buildings and facilities.465 In 

the future, the FAA may include this 

definition, or a definition consistent 

with it, in the SFAR or in the permanent 

powered-lift rule if it determines it is 

prudent to do so. Currently, there are 

varying powered-lift design concepts 

and performance characteristics, as well 

as diverse locations potentially needing 

vertiports. As a result, the FAA is 

conducting research in order to develop 

a performance-based standard for 

vertiports that will include performance 

classes for vertiport infrastructure with 

different design criteria. The 

performance classes will be based on 

the design characteristics and 

performance capabilities of differing 

VTOL aircraft groups. That standard is 

expected to be published in late 2025 in 

accordance with the results from the 

ongoing operational testing. 

D. Definition of Autorotation 

An individual commenter noted that 

the NPRM stated some powered-lift 

could be capable of autorotation.466 The 

commenter asked if this was correct, 

given that autorotation is defined in 

§ 1.1 as a rotorcraft flight condition. In 

response to the commenter, the FAA has 

determined that adding ‘‘powered-lift’’ 

to the definition of ‘‘autorotation’’ is 

appropriate to ensure that when a 

regulation mentions autorotation, 

powered-lift that are capable of that 

maneuver are included in the intent of 

the regulation. Therefore, the FAA has 

revised the definition of autorotation 

making it applicable to powered-lift. 

XV. Other Comments Related to 

Powered-Lift 

A. Other Comments Related to Language 

or Definitions in the Powered-Lift NPRM 

HAI commented that the FAA’s 

approach to certifying powered-lift, as 

the FAA wrote in the NPRM, assumes 

‘‘complex and unique design, flight, and 

handling characteristics.’’ However, HAI 

implied this assertion contradicts other 

comments because the NPRM also cited 

the benefits of powered-lift as being 

‘‘easier to design, simpler to construct, 

[and] less complicated to maneuver.’’ 

Additionally, HAI cautioned that 

permanent changes to powered-lift 

made through the SFAR could make it 

difficult to remove or undo rules in the 

future. 

First, the FAA asserts the comments 

regarding design and operation are not 

mutually exclusive; rather, they offer 

commentary regarding the current state 

of the powered-lift industry and its 

potential. The special class aircraft 

certification process under § 21.17(b) 

allows for the full range of design and 

construction complexity and ensures 

each aircraft will include all relevant 14 

CFR Subchapter C (Aircraft) criteria, as 

well as other equivalent criteria if 

appropriate, when it is certificated. 

Second, the FAA has remained 

committed to re-evaluating the SFAR 

when appropriate. The FAA will 

routinely revisit the powered-lift SFAR 

regulatory framework within the tenyear period as it obtains operational 

data to ensure it remains as effective as 

possible. 

An anonymous commenter asked 

what type of rating they would need to 

fly a Volocopter.467 The commenter 

opined that a Volocopter does not seem 

to meet the powered-lift definition 

under part 1 and that a pilot would not 

require anything beyond a helicopter 

rating because the Volocopter likely 

qualifies as a helicopter. The Volocopter 

is currently being worked as a 

concurrent certification project with the 

FAA and EASA. While specific 

questions about the type certification of 

the Volocopter are beyond the scope of 

this rulemaking, the FAA notes that, at 

this time, the Volocopter does not meet 

the definition of a powered-lift and, 

therefore, a pilot would not be required 

to hold powered-lift ratings on their 

certificate. Rather, a multicopter is 

considered a rotorcraft 468 and would 

require the applicable rotorcraft 

category and helicopter class ratings, 

with any additional training 

requirements determined during the 

FSB phase. 

B. Safety Systems or Procedures Not 

Addressed in the NPRM 

A commenter expressed concern that 

the proposal did not contain any 

information regarding an emergency in 

a total failure situation. The commenter 

urged implementation of a safety system 

for powered-lift vehicles that lack the 

ability to glide or auto-rotate in a total 

system failure scenario. The commenter 

attached a previously submitted request 

to update parachute type ratings in 

§ 65.121 and emphasized the 

importance of aircraft mounted 

parachute systems for eVTOL vehicles. 

The FAA acknowledges that some 

powered-lift may lack an ability to glide 

or autorotate; however, during the 

aircraft certification process, as 

discussed in section IV.A. of this 

preamble, each aircraft will be evaluated 

against the existing airworthiness 

criteria to determine which rules will be 

applicable to that particular aircraft. The 

FAA is not requiring powered-lift to 

have a specific safety design feature, 

like a ballistic parachute, but instead 

will require the capability of a 

controlled emergency landing or an 

equivalent means to address the risks 

associated with certain failures like loss 

of power or thrust. In addition, it must 

be shown that any failure or 

combination of failures not shown to be 

extremely improbable must not result in 

a catastrophic event. 

Airbus Helicopters stated that in 

§ 194.302(y)(2) the FAA proposed to 

apply requirements applicable to 

transport category airplanes to large 

powered-lift in the absence of a uniform 

transport category standard for 

powered-lift. The proposed rule 

includes the following text: ‘‘The 

lifeline required by § 91.509(b)(5) must 

be stored in accordance with 

§ 25.1411(g) of this chapter or such 

airworthiness criteria as the FAA may 

find provide an equivalent level of 

safety in accordance with § 21.17(b) of 

this chapter.’’ Airbus contends that an 

alternate path for compliance, similar to 

what is offered in § 91.509(b)(5), should 

also be available whenever a 

requirement that was developed for 

airplanes or helicopters of the normal or 

transport category is referred to in this 

SFAR. 


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469Airplane means an engine-driven fixed-wing 

aircraft heavier than air, that is supported in flight 

by the dynamic reaction of the air against its wings. 

See 14 CFR 1.1. 

470FAA Order 8900.1 Volume 8, Chapter 2, 

Section 3 Flight Operations Evaluation Board, D. 

The Formal FOEB Meeting (3) (a). 

Although Airbus did not specifically 

identify regulations in which equivalent 

airworthiness standards should be 

considered, the FAA agrees that, in 

many cases, equivalent airworthiness 

criteria may be required to address 

unique features on powered-lift. As 

indicated throughout the NPRM, the 

FAA identified areas where specific 

airworthiness requirements required by 

operating rules may be met by other 

airworthiness criteria that the FAA has 

determined provide for an equivalent 

level of safety in accordance with 

§ 21.17(b). 

One commenter inquired whether the 

FAA considers specific standards for the 

implementation of congested area data 

bases for the HTAWS requirements in 

the context of powered-lift integration. 

The obstacle and terrain databases 

include data for congested areas and 

will be the same for HTAWS. In 

addition, this subject is covered in 

TSO–C194 and Section 2 of RTCA DO– 

309, which are incorporated by 

reference in this SFAR. These two 

documents will apply to HTAWS the 

same way they apply to helicopters. The 

SFAR sections addressing HTAWS are 

finalized at § 194.302(y) and (bbb) and 

§ 194.306(s) and (ooo). 

C. Other Comments Related to PoweredLift Design 

One commenter sought clarification 

on the expected proportional increase in 

surface area that some powered-lift or 

eVTOL aircraft may require to conduct 

a landing as compared to a helicopter 

when comparing similar passenger 

capacities. 

Given the current number of poweredlift/eVTOL aircraft configurations under 

consideration, there could be an 

increase in surface area of the landing 

facility required for certain powered-lift. 

The need for an increase in surface area 

of a given landing facility will be driven 

by the unique performance 

characteristics and design features of the 

controlling powered-lift that will utilize 

that facility. As mentioned in the 

‘‘heliports’’ discussion in section XIV.C. 

of this preamble, in order for a poweredlift to use a heliport, that powered-lift 

must be capable of meeting or exceeding 

the performance requirements for 

helicopters with respect to their 

controllability and maneuverability. 

Additionally, the powered-lift cannot 

exceed the size and weight limitations 

established for a particular heliport. 

EASA said the SFAR’s approach lacks 

a cohesive link that explains how the 

aircraft certification approach is 

accounted for in operational limitations 

and airspace integration. 

Part 1 includes definitions for 

different kinds of aircraft based on 

characteristics such as propulsion, 

flight, or landing. These aircraft 

definitions are then used for the 

purposes of determining the appropriate 

requirements for aircraft certification, 

pilot certification, and operational rule 

applicability.469 For instance, if an 

aircraft meets the definition of airplane, 

it must meet the airworthiness criteria 

set forth in parts 23 or 25 as applicable 

to airplanes. Powered-lift are type 

certificated as a special class aircraft, 

and the FAA will designate 

airworthiness requirements that match 

the safety levels of existing standards. 

Throughout the rules, the classification 

dictates how an aircraft is certificated, 

how a pilot is trained on operating that 

aircraft, how it is handled by air traffic 

control (ATC), how it is maintained, and 

how the FAA applies operating rules 

based on the aircraft in question. 

Currently, powered-lift are able to 

proceed through type certification and 

conduct limited operations in the 

NAS—they already do this for flight 

testing and primarily under 

experimental designations. 

Notwithstanding, the SFAR creates a 

clear pathway for pilot certification and 

for a wider range of powered-lift 

operations, including commercial 

operations. Finally, the SFAR clarifies 

how certain airworthiness criteria 

required under the operating rules apply 

in the powered-lift context. Specifically, 

if an operating regulation requires a 

specific airworthiness criterion under 

part 23, 25, 27, or 29, the FAA may 

determine that an alternate 

airworthiness criterion applies to a 

certain powered-lift in accordance with 

the process under § 21.17(b). 

Joby recommended the FAA include 

final rule preamble discussion clarifying 

that the FAA will consider detailed 

review of the aircraft, capabilities, 

existing systems and equipment, and 

operational use cases when making a 

determination about ‘‘unless otherwise 

authorized in the certificate holder’s 

approved minimum equipment list.’’ 

Powered-Lift MMELs will be treated 

no differently than any other aircraft 

with regard to MMELs. The current 

process takes into account all of Joby’s 

concerns. Proposed MMEL relief 

normally comes from manufacturers or 

operators. The entity that requests the 

relief is responsible for ‘‘submitting an 

evaluation plan to the FOEB Chair for 

acceptance. The evaluation plan should 

consider all phases of flight operation 

and demonstrate that flight operations 

with the proposed item inoperative have 

an equivalent level of safety to flight 

with the item operative and considering 

the next most critical failure.’’ 470

Additionally, FAA Order 8900.1, 

Volume 8, Chapter 2, Section 3, 

Paragraph 8–67(C)(3) lists the 

justification information required to 

evaluate whether relief should be 

granted for an inoperative item. In 

addition to reviewing the justification 

items, the FOEB incorporates FAA 

MMEL policy letters and ensures the 

relief would not be contrary to 

§ 91.213(b), which provides instruments 

and equipment excepted from a 

Minimum Equipment List. The 

equipment excepted from this 

requirement may not be instruments 

and equipment required by the 

airworthiness requirements under 

which the aircraft was type certificated 

for safe operations, instruments, and 

equipment required to be operational by 

an airworthiness directive pertaining to 

that particular aircraft, or any other 

instruments and equipment required by 

part 91. 

EASA, when considering the use of 

High Voltage for many of the new 

entrants, requested information on 

whether the FAA considers particular 

operational and/or design provisions to 

cater for the risk posed by electric 

hazards during and after an emergency 

entry into water. 

From the certification standpoint, the 

FAA is in the process of developing 

guidance pertaining to airworthiness 

criteria for ditching or emergency 

flotation for eVTOL powered-lift. 

Through the established process for type 

certification in accordance with 

§ 21.17(b), applicants requesting a 

ditching or emergency flotation 

approval, the FAA would consider the 

risks associated with a water landing in 

an aircraft with a high voltage system 

when establishing the certification basis 

for that aircraft. The specific method on 

how a specific applicant complies with 

these requirements would then be 

documented in the means of compliance 

for each specific design approval. 

EASA also sought clarification on the 

expected buoyancy and demonstrated 

sea states that will apply to those 

powered-lift opting to install floats in 

order to mitigate for the inability to 

meet § 135.183 (a) or (c). Buoyancy and 

sea states are defined within aircraft 

certification (combination of regulation 

and guidance material) if a ditching 


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471Final rule, Update to Air Carrier Definitions, 

88 FR 48072 (July 28, 2023). 

472Final rule, Airman Certification Standards and 

Practical Test Standards for Airmen; Incorporation 

by Reference, 89 FR 22482 (April 1, 2024). 

473Modernization of Special Airworthiness 

Certification NPRM, 88 FR 47650 (July 24, 2023). 

474See AC–120–76D Authorization for Use of 

Electronic Flight Bags. 

475 88 FR 34437 (May 30, 2023). 

approval is sought. If a powered-lift 

requested this approval, then the FAA 

would apply the appropriate 

airworthiness criteria from the existing 

airworthiness standards to meet the 

equivalent level of safety as required 

under § 21.17(b). 

D. Congressional Comments 

A U.S. Congressman said they 

sponsored a bipartisan amendment, 

which was unanimously passed by the 

House Transportation and Infrastructure 

Committee and incorporated into the 

2023 FAA Reauthorization that passed 

the House of Representatives in July 

2023. The Congressman suggested that 

the FAA consider this amendment and 

consult with the Department of Defense 

(DoD) on pilot qualifications before 

finalizing the SFAR. 

A joint association letter also 

recommended consulting the Secretary 

of Defense regarding the U.S. Air Force 

Agility Prime Program and powered-lift 

deployed for military purposes such as 

the F–35B. 

The FAA appreciates Congressional 

interest in the integration of poweredlift in the NAS. As discussed in section 

II of this preamble, the FAA has 

addressed requirements of section 955 

of the FAA Reauthorization Act of 2024 

into this final rule, including the 

provisions regarding pilot certification 

and performance-based energy reserve 

requirements. 

As discussed in section V.D.2. of this 

preamble, during this rulemaking, the 

FAA carefully considered DoD’s 

approach to pilot training and 

simulation. The FAA will continue to 

work with the DoD as powered-lift are 

integrated into the NAS and in future 

rulemaking activities. In addition to this 

rulemaking, the FAA has been engaged 

in a broader effort with the Department 

of Transportation as part of the AAM 

Interagency Working Group. The AAM 

IWG is a broad group of Federal 

departments and agencies, including 

DoD, whose mission is to foster 

leadership and interagency 

collaboration in the adoption and 

deployment of AAM. The FAA looks 

forward to continuing to learn from the 

Department of Defense about the use of, 

and research regarding, powered-lift. 

XVI. Related Rulemakings 

To integrate powered-lift into the 

NAS, the FAA is engaging in a multistep 

process to update the regulations 

applicable to powered-lift. These 

rulemakings include: the Update to Air 

Carrier Definitions, Airman Certification 

Standards and Practical Test Standards 

for Airmen: Incorporation by Reference, 

and Modernization of Special 

Airworthiness Certification. 

First, in the final rule Update to Air 

Carrier Definitions,471 the FAA added 

powered-lift to the definitions of five 

kinds of air carrier operations: 

commuter, domestic, flag, on-demand, 

and supplemental to the part 110 

regulatory definitions. Specifically, the 

definitions in part 110 apply to all 

operations under 14 CFR chapter I, 

subchapter G, which includes parts 135 

and 136, as well as to the part 119 air 

carrier and commercial operator 

certification requirements. Therefore, 

the rules and applicability sections in 

14 CFR chapter 1, subchapter G, would 

include use of powered-lift in those 

kinds of operations. Amending these 

definitions along with other provisions 

of part 119 enables powered-lift to 

engage in operations consistent with the 

applicable statutory framework that 

applies to air carrier and commercial 

operations. 

Next, the Airman Certification 

Standards and Practical Test Standards 

for Airmen; Incorporation by Reference 

(ACS IBR) 472 revised certain part 61 

regulations to incorporate the pilot 

certification testing standards by 

reference into the requirements for 

powered-lift pilot and flight instructor 

certification. As it pertains to poweredlift, the ACS IBR rule incorporated six 

powered-lift ACSs into part 61: (1) ATP 

and Type Rating for Powered-Lift 

Category, (2) Commercial Pilot for 

Powered-Lift Category, (3) Private Pilot 

for Powered-Lift Category, (4) 

Instrument Rating—Powered-Lift, (5) 

Flight Instructor for Powered-Lift 

Category, and (6) Flight Instructor 

Instrument Powered-Lift. Most of the 

Powered-Lift ACSs were drafted based 

on input from industry and the ACS 

Working Group and align with the areas 

of operation promulgated by the 

regulations for the respective certificates 

and/or ratings. 

Finally, in the Modernization of 

Special Airworthiness Certification 

(MOSAIC) NPRM,473 the FAA proposed 

to amend rules for the manufacture, 

certification, operation, maintenance, 

and alteration of light-sport aircraft. 

Specifically, the current § 1.1 definition 

of light-sport aircraft excludes 

helicopters and powered-lift from being 

considered as light-sport aircraft. The 

FAA proposed to allow the 

airworthiness certification of rotorcraft 

and powered-lift as light-sport category 

aircraft under § 21.190, provided these 

aircraft are certificated in accordance 

with the proposed performance-based 

requirements in part 22 using an FAAaccepted consensus standard as a means 

of compliance. 

SAE International, CAE, AOPA, and 

L3Harris Commercial Aviation cited the 

MOSAIC NPRM as a notable related 

rulemaking. These commenters 

suggested the FAA should align the 

powered-lift SFAR with the MOSAIC 

NPRM, which they said describes and 

accommodates the enhanced safety of 

simplified flight controls and the 

benefits of a performance-based 

approach to certification. The MOSAIC 

rulemaking is in the proposal phase, 

working toward final rule publication. 

Notwithstanding, the FAA is internally 

coordinating to ensure that the 

powered-lift SFAR and the MOSAIC 

rule do not conflict. Specific discussion 

pertaining to how this rule has 

coordinated with the MOSAIC rule can 

be found in section V.A. of this 

preamble, regarding type rating 

requirements, and section VI.B.1. of this 

preamble, regarding § 91.113, the rightof-way rules. 

CAE and NBAA referenced the 

Updating Manual Requirements to 

Accommodate Technology final rule 

which modernized regulations that 

require manuals to reflect improvements 

in technology. They recommended that 

the FAA revise the regulatory text 

regarding access to manuals to align 

with this final rule. 

The Updating Manual Requirements 

to Accommodate Technology final rule 

creates flexibility in allowing electronic 

display of manuals without a rigid form 

and formatting. The FAA’s position is 

that an operator may use Electronic 

Flight Bag (EFB) technology to meet the 

requirement for carrying the appropriate 

manuals while away from base.474 The 

powered-lift SFAR does not contravene 

the Manual Requirements final rule. In 

fact, an operator could apply for an 

authorization to use an EFB.475

Moreover, the powered-lift SFAR 

applies the current regulations to 

powered-lift operations. So, changes 

made within the regulations regarding 

manual requirements would also apply 

for powered-lift operators. 

XVII. Severability 

As discussed in section II. of this 

preamble, Congress authorized the FAA 

by statute to promote safe flight of civil 

aircraft in air commerce by prescribing, 


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92466 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 

476 49 U.S.C. Subtitle VII, Part A, Subpart i, 

Section 40113, Administrative, and Subpart iii, 

Section 44701, General Requirements; Section 

44702, Issuance of Certificates; Section 44703, 

Airman Certificates; Section 44704, Type 

Certificates, Production Certificates, Airworthiness 

Certificates, and Design and Production 

Organization Certificates; Section 44705, Air Carrier 

Operating Certificates; and Section 44707, 

Examination and Rating of Air Agencies. 

among other things, regulations and 

minimum standards for practices, 

methods, and procedures the 

Administrator finds necessary for safety 

in air commerce.476 Consistent with that 

mandate, the FAA promulgates the 

regulations described herein to facilitate 

the certification of powered-lift pilots 

and operation of powered-lift. However, 

the FAA recognized that certain 

provisions of this final rule approach 

operations and airman certification in 

unique ways due to the novel challenges 

presented with the integration of a new 

category of aircraft into the NAS. 

Therefore, the FAA has determined that 

various provisions of this SFAR are 

capable of operating independently of 

one another, are severable, and are able 

to operate functionally if severed from 

each other. In the event a court were to 

invalidate one or more of this final 

rule’s unique provisions, the remaining 

provisions should remain unaffected 

and in force to the extent those 

provisions maintain their intended 

effect without the severed provisions, 

thereby allowing the FAA to integrate 

the operation of powered-lift within its 

Congressionally authorized role of 

promoting safe flight of civil aircraft in 

air commerce. 

XVIII. Regulatory Notices and Analyses 

Federal agencies consider impacts of 

regulatory actions under a variety of 

executive orders and other 

requirements. First, Executive Order 

12866, Executive Order 13563, and 

Executive Order 14094 (‘‘Modernizing 

Regulatory Review’’), direct that each 

Federal agency shall propose or adopt a 

regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify the costs. 

Second, the Regulatory Flexibility Act 

of 1980 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Pub. L. 96–39) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. Fourth, 

the Unfunded Mandates Reform Act of 

1995 (Pub. L. 104–4) requires agencies 

to prepare a written assessment of the 

costs, benefits, and other effects of 

proposed or final rules that include a 

Federal mandate that may result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. The current threshold after 

adjustment for inflation is $183 million 

using the most current (2023) Implicit 

Price Deflator for the Gross Domestic 

Product. This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this rule. The FAA 

has provided a detailed Regulatory 

Impact Analysis (RIA) in the docket for 

this rulemaking. 

In conducting these analyses, the FAA 

has determined that this rule: (1) will 

result in benefits that justify costs; (2) is 

a ‘‘significant regulatory action’’ as 

defined in section 3(f)(1) of Executive 

Order 12866 (as amended by Executive 

Order 14094); (3) will not create 

unnecessary obstacles to the foreign 

commerce of the United States; and (4) 

will not impose an unfunded mandate 

on State, local, or Tribal governments, 

or on the private sector. 

In accordance with OMB Circular A– 

4 (at www.whitehouse.gov/omb/ 

circulars/), an accounting statement 

showing the classification of impacts 

associated with the rule is provided 

below. 

TABLE 10—OMB A–4 ACCOUNTING STATEMENT

Category 

OMB A–4 Accounting Statement 

Notes Primary 

estimate 

Low 

estimate 

High 

estimate 

Dollar 

year 

Discount 

rate 

(%) 

Time 

horizon 

(years) 

Benefits 

Annualized monetized 

benefits.

Not 

Estimated 

Not 

Estimated 

Not 

Estimated 

N/A N/A N/A 

Annualized quantified, 

but non-monetized, 

benefits.

N/A N/A N/A N/A N/A N/A 

Unquantified benefits ...... Mitigates Risk and Narrows Safety Gap—The SFAR establishes a 

regulatory structure that leverages airplane, helicopter, and rotorcraft 

rules to narrow a safety gap that would otherwise exist absent the rule. 

The powered-lift industry is nascent, and the timeframe in 

which commercial operations will become viable is unknown. 

A certain degree of operational growth is dependent on industry readiness once the regulatory framework is in place. 

Data Collection—For the duration of the SFAR, the FAA will gather data 

and information to evaluate the temporary requirements to determine 

the most appropriate permanent rulemaking path for powered-lift. The 

FAA anticipates gathering data and information through: (1) formal 

information collections; (2) regulatory requirements; (3) regular, formal 

and informal interactions with the public, including conferences, datasharing systems, and outreach initiatives; and (4) informal anecdotal 

information and observations. 

Alternate Pathway to Pilot Certification—The SFAR introduces an 

alternate pathway for pilots to obtain powered-lift ratings on the 

commercial pilot certificates. 


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I I I I I 
Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92467 

TABLE 10—OMB A–4 ACCOUNTING STATEMENT—Continued 

Category 

OMB A–4 Accounting Statement 

Notes Primary 

estimate 

Low 

estimate 

High 

estimate 

Dollar 

year 

Discount 

rate 

(%) 

Time 

horizon 

(years) 

Relief from the provision of dual-control a/c for training—The SFAR 

provides for three alternatives to accomplish training for aircraft that are 

not equipped with dual-controls, which are: (1) accomplishing training in 

a powered-lift equipped with a single functioning flight control 

accessible by both the student and instructor; (2) accomplishing 100% 

of training in a full flight simulator that is combined with in-aircraft solo 

aeronautical experience; and (3) FAA can issue deviation authority to 

facilitate flight training in powered-lift with a single functioning flight 

control based on future advancements in technology. 

Costs 

Annualized monetized 

costs: 2% PV.

Annualized monetized 

costs: 3% PV.

Annualized monetized 

costs: 7% PV.

$101.8 

103.7 

110.9 

$96.4 

97.4 

101.1 

$107.6

110.3

121.70 

2022 

2022 

2022 

2 

3 

7 

10 

10 

10 

Costs are incurred as powered-lift enter the fleet. For the high 

estimate, it is determined powered-lift deliveries start during 

the year of the SFAR’s publication. For the primary estimate 

and the low estimate, it is determined powered-lift enter the 

fleet in year 2 and 3, respectively. 

Annualized quantified, 

but non-monetized, 

costs.

N/A N/A N/A N/A N/A N/A 

Unquantified costs .......... Equipage Requirements—The SFAR imposes equipage requirements 

which would add costs for entities manufacturing and/or operating 

powered-lift. These costs could include, but are not necessarily limited 

to, the purchase and installation of equipment, the decrease of aircraft 

performance due to added weight of required equipment, and the cost 

to perform required maintenance and repairs of equipment. The 

equipage requirements being imposed generally affect powered-lift with 

6 or more seats for which 2 pilots are required, or for powered-lift with 

10 or more seats. At present, there is only one powered-lift undergoing 

type certification that meets these requirements. 

The costs imposed by the finalized rule provide for the integration of powered-lift into the NAS expeditiously without compromising safety. Generally, the rule mirrors requirements 

that are applicable to operators of airplanes and rotorcraft. 

Advanced Qualification Program—The FAA determined that the same 

safety standard imposed in § 135.3(b) for commuter operations 

involving airplanes for which two pilots are required by type certification 

should apply to powered-lift requiring two pilots by type certification. 

The safety standard requires these kinds of operations to comply with 

subparts N and O of part 121, which are multiengine specific. At this 

time, the FAA is not revising part 121 to accommodate powered-lift as 

part 121 operations are not anticipated during the period of the SFAR. 

Thus, for these operations, the FAA will require certificate holders to 

comply with subpart Y of part 121. At present, there is only one 

powered-lift undergoing type certification that meets these 

requirements. 

Transfers 

Annualized transfers ....... Not Applicable. 

From whom to whom? 

Miscellaneous 

Effects on State, local, or 

Tribal Govt.

None. 

Effects on small businesses.Generally, entities affected by the rule are small, and the FAA does not 

anticipate that they will be negatively impacted by this rule. The 

introduction of powered-lift operations into the NAS is an emerging 

market, and the number of entities that will be impacted by this rule is 

uncertain. 

Effects on wages ............ None. 

Effects on growth ............ The rule puts a regulatory framework in place for the safe integration of 

powered-lift in the National Airspace System. A certain degree of 

operational growth is dependent on industry readiness. 


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I I I I I 
92468 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 

477 In addition, the FAA acknowledges 

uncertainty in estimating incremental impacts of 

this proposed rule since the FAA has yet to type 

certificate a powered-lift. 

478The estimated cost for this provision is 

detailed in the regulatory impact analysis prepared 

for this SFAR. 

479 2016–01–nbaa–management–guide PDF 

(nbaa.org). See Figure 1.5 on page 1–18. 

480www.ntsb.gov/news/events/Documents/ 

aviation_pro-Lovelace-NTSB-ProfessionalismForum.pdf. 481www.sciencedirect.com/science/article/pii/

S2542435121002051. 482 aerospaceamerica.aiaa.org/features/faith-inbatteries/. 

483Source: NERA Economic Consulting—Expert 

Report of Christian M. Dippon, Ph.D. on behalf of 

Supernal. August 14, 2023. This report estimates 50 

dual-control aircraft will be required for the 

provision of training over the ten-year period of the 

SFAR www.regulations.gov/comment/FAA-2023- 

1275-0062. 

484OMB Circular A–4, Regulatory Analysis 

(2003), www.whitehouse.gov/wp-content/uploads/ 

legacy_drupal_files/omb/circulars/A4/a-4.pdf. 

A. Summary of the Regulatory Impact 

Analysis 

1. Data and Assumptions 

This Special Federal Aviation 

Regulation finalizes alternate eligibility 

requirements to safely certificate initial 

groups of powered-lift pilots, as well as 

determine which operating rules to 

apply to powered-lift on a temporary 

basis. This will enable the FAA to 

gather additional information to 

determine the most appropriate 

permanent rulemaking path for these 

aircraft. The analysis for the regulatory 

evaluation is based on the following 

assumptions and data sources. 

• The FAA uses a 10-year time period 

of analysis.477 The analysis uses 2022 

constant dollars. Year 1 of the period of 

analysis, which would correlate with 

the effective date of the final, is used as 

the base year. 

• The analysis provides a range of 

costs from low to high. The FAA 

considers the primary estimate of costs 

to be the base scenario. 

• It is estimated that it would cost an 

individual approximately $22,124 to 

accomplish the training and testing 

required for a type rating.478 The FAA 

believes that in many circumstances this 

training and testing would be at the 

expense of entities utilizing powered-lift 

in its operations. 

• To forecast the number of pilots 

required to operate the powered-lift 

fleet, the FAA used a model published 

by the NBAA. The model estimates the 

number of pilots required to operate a 

fleet of aircraft.479 To account for pilot 

turnover, a rate of 8.9 percent, annually, 

is used.480

• The estimated battery life for an 

eVTOL is 1,600 hours.481 The cost per 

battery is $60,000.482

• It is estimated that 20 dual-control 

aircraft and 60 full flight simulators will 

be required for the provision of training 

at a cost of $3.9 million per dual-control 

aircraft and $10 million per full flight 

simulator.483

• Operational and maintenance rules 

under parts 43, 91, 97, 135, and 136 that 

are applicable to aircraft continue to be 

applicable to powered-lift because 

powered-lift meet the definition of an 

aircraft in § 1.1. Unless otherwise 

stipulated in this final rule, either the 

more conservative airplane-specific 

operational rules or those for rotorcraft/ 

helicopters will apply to powered-lift. 

Additionally, in some instances, 

performance-based alternatives and 

deviation provisions provide additional 

flexibility in the operational rules for 

powered-lift. 

• The FAA uses a two percent, three 

percent, and seven percent discount rate 

to quantify present value costs and cost 

savings.484

2. Summary of Individual Proposed and 

Finalized Regulatory Impacts 

The powered-lift currently 

undergoing the type certification 

process are comparatively different 

compared to the powered-lift proposed 

during the 1990s. Currently, 

manufacturers are proposing aircraft 

and operations that were not 

conceptualized in the 1997 rulemaking 

that introduced the powered-lift 

category of aircraft into the airmen 

certification rules. When airmen 

certification rules were introduced, it 

was the FAA’s intention to initiate 

further rulemakings to develop 

operational rules for powered-lift. 

However, these intentions never came to 

fruition. Without this rulemaking, 

civilian pilots will be unable to obtain 

powered-lift ratings necessary for 

industry to scale operations intended for 

these new and novel aircraft. Should 

type-certificated powered-lift become 

available before this rule is finalized, 

individuals holding an airman 

certificate with a powered-lift category 

rating would be permitted to act as PIC 

of powered-lift operations. 

Furthermore, if powered-lift were 

available for civil operations today, they 

would not be subject to operating rules 

that are specific to an aircraft category 

or class. Instead, the only rules that 

would apply are the part 91 and 135 

rules that are specific to ‘‘aircraft.’’ 

Through this SFAR, the FAA provides 

operating rules applicable to poweredlift and a pathway for pilots to obtain 

powered-lift ratings through alternate 

aeronautical experience requirements 

and expanded logging provisions. The 

regulatory evaluation portion of this 

SFAR evaluates the economic impact of 

the amendments. 

The tables below provide an 

evaluation of the economic impact of 

the proposed rule and the final rule. The 

first table of the two replicates the 

amendments as proposed, and the 

second table summarizes only those 

amendments that have either been 

added or revised for the final rule. The 

tables are designed to quickly inform 

the reader of the changes and their 

resulting impacts. 

TABLE 11—SFAR—PROPOSED AMENDMENTS

Section Proposed amendment Impact 

Part 43—Maintenance, Preventive 

Maintenance, Rebuilding, & Alterations.

§ 43.3(h) Persons authorized to perform maintenance, preventive maintenance, rebuilding, and alterations. Provides relief to operators of powered-lift on a 

scale that is equivalent to the relief provided to 

operators of rotorcraft. 

§ 43.15(b) Additional performance rules for inspections. Imposes a regulatory burden on operators conducting powered-lift operations on a scale no 

greater than that imposed on like operators conducting operations with rotorcraft. 

Part 91—General Operating and 

Flight Rules.

§ 91.9(a)(b) Civil Aircraft Flight Manual. 

§ 91.103(b)(1) Preflight action. 

§ 91.109 Flight instruction; Simulated instrument flight. 

§ 91.151 Fuel requirements for flight in VFR conditions. 

Imposes costs on operators of powered-lift on a 

scale equivalent to costs imposed on operators 

of airplanes or rotorcraft. 


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TABLE 11—SFAR—PROPOSED AMENDMENTS—Continued 

Section Proposed amendment Impact 

§ 91.167 Fuel requirements for flight in IFR conditions. 

§ 91.205(b)(11) Anti-collision lights. 

§ 91.205(b)(14) Shoulder harness, restraint system. 

§ 91.207 Emergency locator transmitters. 

§ 91.215 ATC transponder and altitude reporting equipment and use. 

§ 91.219 Altitude alerting system or device. 

§ 91.223 Terrain awareness and warning. 

§ 91.313 Shoulder harness, restraint system. 

§ 91.409 Inspection programs. 

§ 91.411 Altimeter system and altitude reporting. 

§ 91.501 Applicability. 

§ 91.503 Flying equipment and operating information. 

§ 91.505 Aircraft Flight Manual. 

§ 91.507 Equipment required for over-the-top or night VFR ops. 

§ 91.509 Survival equipment. 

§ 91.511 Communications and navigation. 

§ 91.513 Emergency equipment. 

§ 91.517 Passenger information, seatbelts/non-smoking. 

§ 91.519 Oral briefing. 

§ 91.521 Safety equipment requirements. 

§ 91.523 Requirements for storage of carry-on baggage. 

§ 91.525 Requirements for storage of cargo. 

§ 91.527 Requirements for operating in icing conditions. 

§ 91.529 Flight engineer requirements. 

§ 91.531 Second-in-command requirements. 

§ 91.533 Flight attendant requirements. 

§ 91.603 Aural speed warning device. 

§ 91.605 Transport category civil airplane weight limitations. 

§ 91.609 Flight data recorders and cockpit voice recorders. 

§ 91.613 Materials for compartment interiors. 

§ 91.1041 Proving and validation tests. 

§ 91.1045 HTAWS and thunderstorm detection equipment. 

§ 91.1065 Initial and recurrent pilot testing requirements. 

Part 91—General Operating and 

Flight Rules.

§ 91.107(a)(3) Use of restraint systems. 

§ 91.205(d)(3) U.S. airworthiness certificates: Instrument and equipment 

requirements. 

§ 91.213 Inoperative instruments and equipment. 

Provides relief to operators of powered-lift on a 

scale equivalent to the relief provided to operators of airplanes or rotorcraft. 

Part 91—General Operating and 

Flight Rules.

§ 91.113(d)(2) and (3) Right-of-way rules. 

§ 91.126(b)(1) and (2) Operating in Class G: Direction of turns. 

§ 91.129 Operations in Class D airspace—approaches. 

§ 91.131 Operations in Class B airspace. 

Imposes costs on operators of powered-lift on a 

scale equivalent to costs imposed on operators 

of airplanes or rotorcraft. 

§ 91.155 Basic VFR weather minimums. 

§ 91.157 Special VFR weather minimums. 

§ 91.169 IFR flight plan: Information required. 

§ 91.175 Takeoff and landing under IFR. 

§ 91.515 Rules for appropriate flight altitudes. 

§ 91.611 Authorization for ferry flight with one engine—not allowed by 

SFAR. 

§ 91.1037 Limitations; destination and alternate airports. 

§ 91.1039 IFR takeoff, approach, and landing minimums. 

§ 91.1055 Pilot operating limitations and pairing requirement. 

Part 91—General Operating and 

Flight Rules.

§ 91.126(c) Operating in Class G airspace—flap settings. 

§ 91.129 Operations in Class D airspace—minimum altitudes. 

§ 91.129 Operations in Class D airspace—departures. 

§ 91.129 Operations in Class D airspace—noise abatement. 

Imposes a regulatory burden on operators conducting powered-lift operations on a scale no 

greater than that imposed on like operators conducting operations with airplanes or rotorcraft. 

Part 97—Standard Instrument Procedures.§ 97.3. Copter procedures. Enabling. 

Part 135—Operating Requirements 

Commuter and On-Demand Operations and Rules Governing Persons on Board Such Aircraft.

§ 135.4 Applicability of rules for eligible on-demand operations. 

§ 135.23(r)(7) Manual contents. 

§ 135.93 Minimum altitudes for use of autopilot. 

§ 135.100 Flight crewmember cuties. 

§ 135.159(a)(2)(3) Helicopter exceptions are not allowed. 

§ 135.181 Aircraft operated over-the-top or in IFR conditions. 

§ 135.183 Land aircraft operated over water. 

§ 135.203 VFR: Minimum altitudes. 

Imposes a regulatory burden on operators conducting powered-lift operations on a scale no 

greater than that imposed on like operators conducting operations with airplanes or rotorcraft. 

§ 135.205 VFR: Visibility requirements. 

§ 135.207 VFR: Helicopter surface reference requirements. 

§ 135.221 Alternate airport weather minimums. 

§ 135.361 Applicability. 

§ 135.363 General. 

§ 135.379 Large transport category airplanes. Turbine engine powered: 

Takeoff limitations. 

§ 135.381 Large transport category airplanes. Turbine engine powered: 

En-route limitations: One engine inoperative. 


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92470 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 

TABLE 11—SFAR—PROPOSED AMENDMENTS—Continued 

Section Proposed amendment Impact 

§ 135.383 Large transport category airplanes. Turbine engine powered: 

En-route limitations: Two engines inoperative. 

§ 135.385 Large transport category airplanes. Turbine engine powered: 

En-route limitations: Landing limitations. 

§ 135.387 Large transport category airplanes. Turbine engine powered: 

En-route limitations: Landing limitations: Alternate airports. 

§ 135.389 Large non-transport category airplanes: Takeoff limitations. 

§ 135.391 Large non-transport category airplanes. En-route limitations: 

One engine inoperative. 

§ 135.393 Large non-transport category airplanes. Landing limitations: 

En-route limitations: Destination airports. 

§ 135.395 Large non-transport category airplanes. Landing limitations: 

En-route limitations: Alternate airports. 

§ 135.397 Small transport category airplanes performance operating limitations. 

Part 135—Operating Requirements 

Commuter and On-Demand Operations and Rules Governing Persons on Board Such Aircraft.

§ 135.1(a)(9) Conducting operations in accordance with subpart L (Helicopter Air Ambulance Equipment, Operations, and Training Requirements). 

§ 135.117(a)(9) Briefing of passengers before flight. 

§ 135.145 Aircraft proving and validation tests. 

§ 135.150 Public address and crewmember interphone systems. 

§ 135.151 Cockpit voice Recorders. 

Imposes costs on operators of powered-lift on a 

scale equivalent to costs imposed on operators 

of airplanes or rotorcraft. 

§ 135.152 Flight data recorders. 

§ 135.154 Terrain awareness warning systems. 

§ 135.158 Pitot heat indication systems. 

§ 135.160 Radio altimeters for rotorcraft operations. 

§ 135.165 Communication and navigation equipment. 

§ 135.168 Emergency equipment. 

§ 135.169 Additional airworthiness requirements. 

§ 135.170 Materials for compartment interiors. 

§ 135.173 Airborne thunderstorm equipment requirements. 

§ 135.178 Additional emergency equipment. 

§ 135.180 Traffic alert and collision avoidance system. 

§ 135.209 VFR: Fuel supply. 

§ 135.223 IFR: Alternate airport requirements. 

§ 135.227 Icing conditions: Operating limitations. 

§ 135.271 Helicopter hospital emergency medical evacuation services 

(HEMES). 

Part 135—Operating Requirements 

Commuter and On-Demand Operations and Rules Governing Persons on Board Such Aircraft.

§ 135.128 Use of safety belts, child restraint systems. 

§ 135.159(a)(1) Gyroscopic rate of turn indicator. 

§ 135.163(g) Exception for helicopters is allowed. 

§ 135.229 Airport requirements. 

§ 135.429(d) Required inspection personnel. 

Provides flexibility or relief to operators of powered-lift on a scale equivalent to the flexibility or 

relief provided to operators of airplanes or rotorcraft. 

Part 61—Certification: Pilots, Flight 

Instructors, and Ground Instructors.

§ 61.31(a) Type rating requirements, additional training, and authorization reqts. 

§ 61.109(e)(5) Aeronautical experience. 

Imposes a regulatory burden on individuals seeking airmen certification in powered-lift on a scale 

no greater than that imposed on individuals accomplishing airmen certification in other aircraft 

categories. 

Part 61—Certification: Pilots, Flight 

Instructors, and Ground Instructors.

Addressing: 

§ 61.1(b) Applicability and definitions: Cross-country time definition 

(paragraph (ii)). 

Relieving. No additional regulatory costs. 

§ 61.3 Reqt for certificates, ratings, and authorizations: Flt instructor certificate. 

§ 61.45 Requirement for certificates, ratings, and authorizations: Practical tests: Required aircraft and equipment. 

§ 61.51 Requirement for certificates, ratings, and authorizations: Pilot 

logbooks. 

§ 61.55 Requirement for certificates, ratings, and authorizations: SIC. 

§ 61.63(d)(3) Additional aircraft ratings (other than for ratings at the airline transport pilot certification level). Proposed eligibility requirements 

§ 61.65 Instrument rating requirements. 

§ 61.107 Flight proficiency. 

§ 61.109(e)(2)(i), (e)(5)(ii) Aeronautical experience. 

§ 61.127 Flight proficiency (commercial pilots). 

§ 61.129 Aeronautical experience: Alternate experience and logging 

reqts. 

§ 61.167 Airline transport pilot privileges and limitations. 

§ 61.195 Flight instructor limitations and qualifications. 

Part 61—Certification: Pilots, Flight 

Instructors, and Ground Instructors.

Addressing: 

§ 61.64 Use of a flight simulator and flight training device—SFAR—removes three of four available alternative requirements that enable a 

person to accomplish a practical test for a powered-lift type rating in a 

simulator. 

Imposes a regulatory burden on individuals accomplishing a powered-lift type rating in an FFS 

on a scale no greater than that imposed on individuals accomplishing a type rating in an FFS 

for airplanes or helicopters. 

Part 135—Operating Requirements 

Commuter and On-Demand Operations and Rules Governing Persons on Board Such Aircraft.

SFAR temporarily allow the completion of certain part 135 tests and 

checks to meet the flight proficiency requirements for the addition of a 

powered-lift category rating, an instrument-powered-lift rating, and 

powered-lift type rating to a commercial certificate. 

Relieving. 


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Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92471 

TABLE 11—SFAR—PROPOSED AMENDMENTS—Continued 

Section Proposed amendment Impact 

Part 135—Operating Requirements 

Commuter and On-Demand Operations and Rules Governing Persons on Board Such Aircraft.

§ 135.3 Rules applicable to operations subject to this part—FAA proposes certificate holders comply with subpart Y of part 121 (Advanced 

Qualification Program (AQP)). 

§ 135.243 Pilot in command qualifications. 

§ 135.244 Operating experience. 

§ 135.245 Second in command qualifications. 

Imposes costs on operators of powered-lift on a 

scale equivalent to costs imposed on operators 

of airplanes or rotorcraft. 

§ 135.293 Initial and recurrent pilot testing requirements. 

§ 135.297 Pilot in command: Instrument proficiency check requirements. 

§ 135.340 Initial and transition training and checking: Check airmen (aircraft), check airmen (simulator). 

§ 135.345(b)(6)(iv) Pilots: Initial, transition, and upgrade ground training. 

Part 111—Pilot Records Database .... § 111.1 Applicability. Imposes costs on operators of powered-lift on a 

scale equivalent to costs imposed on operators 

of airplanes or rotorcraft. 

Part 136—Commercial Air Tours and 

National Parks Air Tour Management.

§ 136.1 Suitable landing area for helicopters. 

§ 136.9 Life preservers for over water. 

§ 136.11(c) Helicopter floats for over water. 

§ 136.13(a) Helicopter performance plan and operations Appendix A 

Special Operating Rules for Air Tour Operators in the State of Hawaii. 

Imposes costs on operators of powered-lift on the 

same scale as costs imposed on operators of 

airplanes or rotorcraft. 

Part 141—Flight Schools ................... § 141.35 Chief instructor qualifications. 

§ 141.36 Assistant chief instructor qualifications. 

§ 141.37 Check instructor qualifications. 

Relieving—no additional regulatory costs. 

Part 142—Training Centers ............... § 142.47(a), (c) Training center instructor eligibility requirements. 

§ 142.53 Training center instructor training and testing requirements. 

Imposes a regulatory burden on part 142 training 

centers conducting powered-lift training on a 

scale no greater than that imposed on like training centers conducting training with airplanes or 

rotorcraft. 

Provides relief to part 142 training centers conducting powered-lift training to allow instructors 

to meet the experience requirements of part 61 

or hold the certificate. This allows lower hours to 

obtain certificate through the SFAR. 

Part 142—Training Centers ............... § 142.11 Application for issuance or amendment. Enabling. No additional regulatory costs unless a 

part 142 training center chooses conduct training with powered-lift flight simulators and flight 

training devices. 

Part 142—Training Centers ............... § 142.57 Aircraft requirements. Provides relief to part 142 training centers conducting powered-lift training on a scale equivalent to that provided to training centers conducting training with airplanes or rotorcraft. 

The table below identifies only those 

amendments added or changed from the 

proposed SFAR to the final SFAR. The 

first column of the table identifies the 

affected part; the second column 

provides the section affected and a 

description of the change from the 

proposed rule to the final rule; lastly, 

the third column identifies the 

economic impact of the change. If a 

provision from the proposal is not listed 

in the table below, then the provision 

was finalized as proposed. 

In many instances, the finalized SFAR 

applies operating rules for helicopters in 

place of the more conservative airplane 

rules proposed by the SFAR for 

powered-lift as long as the powered-lift 

can meet the performance-based criteria 

outlined in the rule. This largely means 

that amendments as finalized by the 

SFAR still impose a burden to the 

various entities affected; however, the 

burden will be to a lesser degree. 

TABLE 12—SFAR—TABLE OF AMENDMENTS CHANGED FROM PROPOSED RULE TO FINAL RULE

Section Changes to provisions as proposed Impact 

Part 1—Definitions and Abbreviations § 1.1 General definitions. 

Revises the definition of autorotation to include powered-lift. Definition is 

as follows: Autorotation means a rotorcraft or powered-lift flight condition in which the lifting rotor is driven entirely by action of the air when 

the rotorcraft or powered-lift is in motion. 

No economic impact. 

Part 91—General Operating and 

Flight Rules.

§ 91.113 Right-of-way-rules: Except water operations. 

Permanent amendment that was originally proposed as a temporary 

change for the duration of the SFAR. The language is updated to 

change the term ‘‘engine-driven aircraft’’ to ‘‘powered aircraft.’’ 

Powered-lift to use right-of-way rules designated for other powered aircraft (e.g., airplanes and rotorcraft). 

Imposes a regulatory burden on operators of powered-lift on a scale equivalent to costs imposed 

on operators of airplanes or rotorcraft. 

Part 91—General Operating and 

Flight Rules.

§ 91.903 Policy and procedures. 

Adds any rule listed subpart J of part 91 as modified by subpart C of 

part 194 to those that the Administrator may issue a certificate of 

waiver authorizing the operation of aircraft in deviation from those 

rules 

Provides relief from provisions proposed by SFAR. 

Part 135—Operating Requirements: 

Commuter and on Demand Operations and Rules Governing Persons on Board Such Aircraft.

§ 135.100 Flight crewmember duties. 

Permanent technical amendment to provide the definition of ‘‘taxi’’ for 

purposes of § 135.100. 

No economic impact. 


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TABLE 12—SFAR—TABLE OF AMENDMENTS CHANGED FROM PROPOSED RULE TO FINAL RULE—Continued 

Section Changes to provisions as proposed Impact 

Part 135—Operating Requirements: 

Commuter and on Demand Operations and Rules Governing Persons on Board Such Aircraft.

§ 135.165(d) Communication and navigation equipment: Extended overwater or IFR operations. 

Permanent amendment to reflect the current location of the definition for 

‘‘commuter operation’’ (reference to the definition is updated from part 

119 to part 110).485

No economic impact. 

Part 135—Operating Requirements: 

Commuter and on Demand Operations and Rules Governing Persons on Board Such Aircraft.

§ 135.339(e) Initial and transition training and checking: Check airmen 

(aircraft), check airmen (simulator). 

§ 135.340(e) Initial and transition training and checking: Flight instructors 

(aircraft), flight instructors (simulator). 

Permanent amendment to allow for training in powered-lift that are not 

equipped with dual controls. 

Provides relief from proposed SFAR. 

Part 136—Commercial Air Tours and 

National Pars Air Tour Management.

§ 136.75(a) Equipment and requirements. 

Permanent technical amendment to add the term ‘‘single-engine’’ in front 

of ‘‘rotorcraft.’’ FAA did not intend for this rule to apply to all rotorcraft. 

In the Update to Air Carrier Definitions rule, when 

appendix A was moved to subpart D ‘‘single-engine’’ was inadvertently omitted. As a result, the 

applicability of required flotation equipment was 

mistakenly expanded to all rotorcraft, instead of 

only single-engine rotorcraft. 

Part 142—Training Centers ............... § 142.47 Training center instructor eligibility requirements. 

Certain provisions of § 142.47(a)(5) requires an instructor to meet specific aeronautical experience set forth in § 61.129 or §§ 61.159, 

61.161, 61.163, as applicable. This final rule adds the qualification option of simply holding a commercial pilot certificate with the appropriate ratings or an unrestricted ATP with the appropriate ratings to 

account for those pilots who hold a certificate but may not meet the 

specific aeronautical experience requirements of part 61 due to decreased minimum experience requirements in part 141 and part 194. 

The FAA emphasizes that meeting the aeronautical experience requirements as currently required remains an option without holding 

the certificate itself, as well. 

Additionally, the final SFAR designates that the aeronautical experience 

requirements are applicable only to powered-lift weighing greater than 

12,500 pounds or turbojet powered. (In the proposed SFAR, the aeronautical experience requirements were applicable powered-lift of all 

weight classes. 

Provides relief from existing regulations allowing 

aeronautical experience or a commercial certificate in place of aeronautical experiencer set 

forth in § 61.129 or §§ 61.159, 61.161, 61.163. 

Part 194 ............................................. § 194.103 Definitions. 

Amends § 194.103 to add the following definitions: Aviation safety inspector; FAA test pilot; vertical-lift flight mode, and wing-borne flight 

mode. 

No economic impact. 

Part 194 ............................................. § 194.203 Alternate qualification requirements for certain flight instructors. 

Amended to add FAA safety inspectors and FAA test pilots to the initial 

cadre of individuals eligible to receive training from an instructor pilot 

at a powered-lift manufacturer that does not hold a flight instructor 

certificate under part 61. 

Provides relief from provisions proposed by SFAR. 

Part 194 ............................................. § 194.209 Additional qualification requirements for certain pilots serving 

as second-in-command. 

Amended to allows for an applicant receiving training under §§ 194.221, 

194.223, 194.229, and 194.231 to serve as second-in-command in a 

powered-lift type certificated for more than one required pilot flight 

crewmember while not otherwise meeting the requirements of 

§ 61.55(a)(1) (a)(2) and (b)(2). 

(e.g., airplanes and rotorcraft). 

Provides relief from provisions proposed by SFAR. 

Part 194 ............................................. § 194.213 Alternate endorsement requirements for certain persons 

seeking a powered-lift rating. 

Adds instructor pilots for manufacturers of experimental powered-lift, 

FAA test pilots, and FAA aviation safety inspectors to those persons 

that may provide the required logbook or training record endorsements under parts 61 and 194 for a commercial pilot certificate with a 

powered-lift category, instrument, or type rating, or for a flight instructor certificate with powered-lift rating. 

Provides relief from provisions proposed by SFAR. 

Part 194 ............................................. New § 194.216 Alternate aeronautical experience pilot-in-command 

flight time in a powered-lift for a commercial pilot certificate with a 

powered-lift category rating. 

This new amendment allows all pilots to use the FFS credit (not just 

those pilots training under an approved training program) as provided 

for in the proposal for this rulemaking. 

Provides relief from provisions proposed by SFAR. 

Part 194 ............................................. § 194.217 Test pilots, FAA test pilots, or aviation safety inspectors: Alternate aeronautical experience and logging requirements for a commercial pilot certificate with a powered-lift category rating. 

Adds FAA test pilots and FAA aviation safety inspectors to those applicants that may use alternate aeronautical experience and logging requirements for a commercial pilot certificate with a powered-lift ratings. 

Provides relief from provisions proposed by SFAR. 

Part 194 ............................................. § 194.219 Instructor pilots: Alternate aeronautical experience and logging requirements for a commercial pilot certificate with a powered-lift 

category rating. 

Adds FAA test pilots and FAA safety inspectors to those persons that 

can receive the manufacturer’s training curriculum from instructor pilots for experimental powered-lift manufacturers. 

Adds FAA test pilots and FAA safety inspectors to the group of individuals that allow an instructor pilot to log PIC time in an experimental 

powered-lift. 

Provides relief from provisions proposed by SFAR. 


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TABLE 12—SFAR—TABLE OF AMENDMENTS CHANGED FROM PROPOSED RULE TO FINAL RULE—Continued 

Section Changes to provisions as proposed Impact 

Part 194 ............................................. § 194.221 Initial cadre of instructors: Alternate aeronautical experience 

and logging requirements for a commercial pilot certificate with a powered-lift category rating. 

Reduces the number of hours an applicant for a commercial pilot certificate with a powered-lift category rating is required to log as pilot-incommand for the purpose of satisfying aeronautical experience requirements from 40 hours to 25 hours when the pilot is the sole manipulator of the controls of a powered-lift for which the pilot is not 

rated, provided: 

(1) The applicant is manipulating the controls of the powered-lift with a 

person onboard who serves as an instructor pilot for the manufacturer; 

(2) The applicant is performing the duties of pilot-in-command; and 

(3) The flight is conducted in accordance with the manufacturer’s powered-lift training curriculum. 

Provides relief from provisions proposed by SFAR. 

Part 194 ............................................. § 194.223 Pilots receiving training under an approved training program: 

Alternate requirements for a commercial pilot certificate with a powered-lift category rating. 

Reduces the number of hours an applicant for a commercial pilot certificate with a powered-lift category rating is required to log as pilot-incommand time toward § 61.129(e)(2)(i) from 40 hours to 25 hours 

when the applicant is the sole manipulator of the controls of a powered-lift for which the pilot is not rated. 

Provides relief from provisions proposed by SFAR. 

Also, a technical Amendment. Inadvertent missing 

word. (Changes powered-lift category to powered-lift category rating.). No impact. 

Part 194 ............................................. § 194.225 Test pilots, FAA test pilots, and aviation safety inspectors: Alternate aeronautical experience and logging requirements for an instrument powered-lift rating. 

Adds FAA test pilots and FAA aviation safety inspectors to those eligible 

for relief with regard to alternate aeronautical experience and logging 

requirements for an instrument powered-lift rating. 

Provides relief from provisions proposed by SFAR. 

Part 194 ............................................. New § 194.238 Alternate aeronautical experience: Airline transport pilot 

certificate with a powered-lift category rating. 

Provides for alternative aeronautical experience requirements for an airline transport pilot certificate with a powered-lift category rating given 

certain conditions. 

Provides relief from provisions proposed by SFAR. 

Part 194 ............................................. New § 194.243 Pilot certification through completion of training, testing, 

and checking part 135 of this chapter. 

Provides retraining and endorsement requirements for instances when a 

pilot fails a part 135 competency or proficiency check (.293/.297) also 

being to add commercial/instrument/ATP/Type certification concurrently with the check. 

Technical amendment. No economic impact. 

Part 194 ............................................. New § 194.253 Alternate requirements for powered-lift without fully functional dual controls used in flight training. 

Allows powered-lift without fully functional dual controls to be used for 

flight training provided the primary flight controls are instantly accessible by both the applicant and the instructor. Additionally, a person 

may apply for a powered-lift category rating, type rating, and instrument powered-lift rating for a powered-lift with single controls under an 

approved part 135, 141, or 142 training program by meeting the part 

61 requirements or corresponding alternate requirement set forth by 

part 194. 

Provides relief from provisions proposed by SFAR. 

Part 194 ............................................. § 194.301 Applicability. 

Provides clarification that sections or paragraphs within sections under 

parts 91 and 135 that refer to specific categories of aircraft, and that 

are not referenced in the SFAR tables to § 194.302 or § 194.306, do 

not apply to powered-lift. 

Technical amendment. No economic impact. 

§ 194.302 (con’t)—Provisions under 

part 91 of this chapter applicable to 

powered-lift.

§ 91.119 Minimum safe altitudes: General. 

Provides for a performance-based rule allowing powered-lift to operate 

at an altitude lower than airplanes. 

Provides relief from provisions proposed by SFAR. 

194.302 (con’t)—Provisions under 

part 91 of this chapter applicable to 

powered-lift.

Adds § 91.151(b). 

Allows for powered-lift operating in a vertical-lift flight mode to adhere to 

a less restrictive fuel requirement when flying VFR. 

Provides relief from provisions proposed by SFAR. 

194.302 (con’t)—Provisions under 

part 91 of this chapter applicable to 

powered-lift.

§ 91.155. 

Allows for powered-lift to use helicopter flight visibility requirements 

when being operated in the vertical-lift flight mode of flight. 

Provides relief from provisions proposed by SFAR. 

194.302 (con’t)—Provisions under 

part 91 of this chapter applicable to 

powered-lift.

Adds § 91.157(b)(3), (b)(4), and (c). 

Allows helicopter exceptions to be applied to powered-lift operating in 

vertical-lift flight mode when those aircraft are operated at a speed 

that allows the pilot to see any other traffic or obstructions in time to 

avoid a collision. 

Provides relief from provisions proposed by SFAR. 

194.302 (con’t)—Provisions under 

part 91 of this chapter applicable to 

powered-lift.

Adds §§ 91.167(a)(3) and (b)(2)(i), and 91.169(b)(2)(ii) and (c)(1)(ii). 

Allows powered-lift authorized to conduct copter procedures and can 

land in the vertical-lift flight mode to use fuel (§ 91.167) or weather 

minimums (§ 91.169) established for helicopters. 

Provides relief from provisions proposed by SFAR. 

194.302 (con’t)—Provisions under 

part 91 of this chapter applicable to 

powered-lift.

Adds § 91.175(f)(2)(iii). 

Allows powered-lift authorized to use copter procedures and can land in 

the vertical-lift flight mode to use takeoff minimums established for 

helicopters. 

Provides relief from provisions proposed by SFAR. 

194.306—Provisions under part 135 

of this chapter applicable to powered-lift.

Amends § 135.93(c)(1). 

Provides a performance-based alternative to enroute requirements specified in § 135.93. 

Provides relief from provisions proposed by SFAR. 


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TABLE 12—SFAR—TABLE OF AMENDMENTS CHANGED FROM PROPOSED RULE TO FINAL RULE—Continued 

Section Changes to provisions as proposed Impact 

194.306 (con’t)—Provisions under 

part 135 of this chapter applicable 

to powered-lift.

§ 135.158 Amending the proposed regulatory text for § 194.307(r). 

Allows for the indication system in powered-lift to be something other 

than an amber light when a pitot system is not operating. 

Provides relief from provisions proposed by SFAR. 

194.306 (con’t)—Provisions under 

part 135 of this chapter applicable 

to powered-lift.

Adds § 135.168(b)(1). 

For the final rule, the life preserver required by § 135.168(b)(1) need not 

be worn but must be readily available for its intended use and easily 

accessible to each occupant when the powered-lift is a multiengine 

aircraft operated at a weight that will allow it to climb, with the critical 

engine inoperative or while experiencing a critical change of thrust, at 

least 50 feet a minute, at an altitude of 1,000 feet above the surface. 

Provides relief from provisions proposed by SFAR. 

194.306 (con’t)—Provisions under 

part 135 of this chapter applicable 

to powered-lift.

Added § 135.181(a)(2) and § 135.181(b). 

Provides clarification that performance requirements for aircraft operated 

over-the-top or in IFR conditions applies to those powered-lift that do 

not have a critical engine but can experience a critical change of 

thrust. 

Clarifying amendment. No economic impact. 

194.306 (con’t)—Provisions under 

part 135 of this chapter applicable 

to powered-lift.

Amends § 135.183(c). 

Revised to add the term ‘‘critical change of thrust’’ to the performance 

requirements for multiengine land aircraft carrying passengers as follows: aircraft operated at a weight that will allow it to climb with the 

critical engine inoperative, or while experiencing a critical change of 

thrust, at least 50 feet a minute, at an altitude of 1,000 feet above the 

surface. 

Clarifying amendment. No economic impact. 

194.306 (con’t)—Provisions under 

part 135 of this chapter applicable 

to powered-lift.

Amends § 135.203(a) and (b). 

Amended to create a performance-based rule allowing powered-lift to 

use an altitude lower than specified for airplanes. This provision is 

adopted when operating in the vertical-lift flight mode. Or, when operating in the wing-borne mode. Also, incorporates helicopter minimums 

contained in § 135.203(b). 

Provides relief from provisions proposed by SFAR. 

194.306 (con’t)—Provisions under 

part 135 of this chapter applicable 

to powered-lift.

Amends § 135.205(b) and 

Creates a performance-based rule allowing powered-lift to use visibility 

requirements lower than specified for airplanes. This provision is 

adopted when operating in the vertical-lift flight mode. 

Provides relief from provisions proposed by SFAR. 

194.306 (con’t)—Provisions under 

part 135 of this chapter applicable 

to powered-lift.

Amends § 135.209(a). 

Allows for deviations from VFR Fuel Supply for specific routes with one 

or more predetermined suitable landing areas if the FAA finds the operation can be conducted safely. 

Adds § 135.209(b). 

Makes 20-minute minimum for VFR fuel requirement applicable to powered-lift with the performance capability, as provided in the Aircraft 

Flight Manual. (Deviations allowed). 

Provides relief from provisions proposed by SFAR. 

194.306 (con’t)—Provisions under 

part 135 of this chapter applicable 

to powered-lift.

Amends § 135.221(b). 

The alternate airport weather minimums authorized for helicopters may 

be used by powered-lift if they are authorized to conduct copter procedures and can land in the vertical-lift flight mode. 

Provides relief from provisions proposed by SFAR. 

194.306 (con’t)—Provisions under 

part 135 of this chapter applicable 

to powered-lift.

Applies § 135.223(a)(3) IFR Alternate airport requirements. 

Powered-lift may use the 30-minute fuel requirements specified for helicopters in § 135.223(a)(3) if the powered-lift is authorized to conduct 

copter procedures and can conduct a landing in the vertical-lift flight 

mode for the entire flight. 

Provides relief from provisions proposed by SFAR. 

194.306 (con’t)—Provisions under 

part 135 of this chapter applicable 

to powered-lift.

Applies § 135.227(d). 

The FAA corrected cross-references pertaining to this SFAR section and 

removed a reference to ‘‘critical surfaces’’ because it is no longer required. 

Technical Amendment. 

194.306 (con’t)—Provisions under 

part 135 of this chapter applicable 

to powered-lift.

Adds § 135.229(b)(2)(ii). 

Allows powered-lift taking off or landing in vertical-lift flight mode and 

equipped with landing lights oriented in a direction that enables the 

pilot to see an area to be used for landing or takeoff marked by reflective material. Otherwise powered-lift must take off or land at an airport 

with boundary or runway marker lights. The FAA clarified that the intent of this section is to apply in both the takeoff and landing context. 

Technical Amendment. 

194.306 (con’t)—Provisions under 

part 135 of this chapter applicable 

to powered-lift.

Revises § 135.609 VFR ceiling and visibility minimums for Class G Airspace when conducting VFR helicopter air ambulance. 

Airplane minimums will be applied when the powered-lift is operated in 

wing-borne flight mode. Helicopter minimums will be applied when the 

powered-lift is operating in vertical-lift flight mode. 

Provides relief from provisions proposed by SFAR. 

194.306 (con’t)—Provisions under 

part 135 of this chapter applicable 

to powered-lift.

Revises § 135.613 Approach/departure IFR transitions. 

§ 135.613(a)(2) revised and § 135.613(b) added to allow powered-lift that 

are operating in the vertical-lift flight mode to use helicopter minimums. 

Relieving. 

Provides relief from provisions proposed by SFAR. 

194.306 (con’t)—Provisions under 

part 135 of this chapter applicable 

to powered-lift.

Adds § 135.615(b) VFR flight planning. 

Allow powered-lift operated in the vertical-lift flight mode during enroute 

operations to use the terrain and obstacle clearance requirements 

minimums described in § 135.615(b). 

Provides relief from provisions proposed by SFAR. 

194.308—Applicability of national air 

tour safety standards under part 

136 of this chapter to powered-lift.

Amends §§ 136.9(b)(3), 136.11(a)(2), and 136.75(c). 

Adds the term’’ critical change of thrust’’ to ensure those novel aircraft 

that may not have a critical engine be required to demonstrate the 

same performance requirements as those stipulated for aircraft with a 

critical engine. 

Clarifying amendment. No economic impact. 


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Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92475 

485 76 FR 7482 (Feb. 10, 2011). 

486Transforming Aviation: Stakeholders 

Identified Issues to Address for ’Advanced Air 

Mobility’ √ U.S. GAO. 

487 Vertiport Assessment and Mobility Operations 

System (VAMOS!) | T2 Portal (nasa.gov) A vertiport 

refers to a physical structure for the departure, 

arrival, and parking/storage of advanced air 

mobility vehicles. Evaluation factors for vertiports 

include zoning, land use, transit stations, fire 

stations, noise, and time-varying factors like 

congestion and demand. 

488The appendix to the RIA presents tables of 

monetized costs on an annual basis for years 1–10, 

the time horizon for which costs for the rule are 

estimated. Monetized costs for the rule stem from 

the cadence of aircraft deliveries. In the optimistic 

scenario, aircraft deliveries are forecast to begin in 

year 1 and continue through year 10. Aircraft 

deliveries for the base scenario are forecast to occur 

during years 2–10, and in the pessimistic scenario 

during years 3–10. As a result, costs for the 

optimistic scenario accumulate over a period of 10 

years versus the base and pessimistic scenarios, 

over which costs accumulate for a period of 9 years 

and 8 years, respectively. 

TABLE 12—SFAR—TABLE OF AMENDMENTS CHANGED FROM PROPOSED RULE TO FINAL RULE—Continued 

Section Changes to provisions as proposed Impact 

194.308—Applicability of national air 

tour safety standards under part 

136 of this chapter to powered-lift.

Adds § 136.11(a)(1). 

Requires floats for single-engine powered-lift. 

Revises § 136.11(b)(2). 

Requires flotation system to be armed when the powered-lift is over 

water beyond the shoreline whether operating in vertical-lift flight 

mode or wing-borne flight mode. 

Imposes a burden on operators of powered-lift on 

a scale no greater than the burden placed on 

operators of helicopters. 

194—New Appendix A ....................... New Appendix A. 

Prescribes the minimum requirements to apply for a pilot training program leading to a powered-lift category rating; a powered-lift type rating; and an instrument powered-lift rating using powered-lift with one 

set of controls. 

Provides relief from provisions proposed by SFAR. 

3. Benefits Summary 

Operations with powered-lift are 

anticipated to offer benefits over 

traditional airplanes and rotorcraft. A 

report published by the U.S. 

Government Accountability Office 

stated that many of these newer category 

of aircraft may be easier to design, 

simpler to construct, less complicated to 

maneuver, quieter to fly, and more 

economical to operate compared to 

traditional aircraft.486 Many use cases 

for these aircraft are anticipated. Below 

is a description of just a few of the use 

cases. 

It is envisioned smaller versions of 

these aircraft may reduce travel times in 

congested areas for passengers by 

allowing for more efficient 

transportation compared to existing 

ground transportation methods. To do 

so, these aircraft would use vertiports 

located on top of buildings, at parking 

facilities, or in other open areas.487 Such 

transportation could occur from these 

locations and then proceed at speeds 

and ranges similar to turboprops. Some 

powered-lift could also be capable of 

transporting heavier loads at higher 

altitudes and faster cruise speeds than a 

traditional rotorcraft. Such capability 

may increase efficiency in transporting 

crew and material to remote locations 

such as offshore oilrigs. Other use cases 

may involve medical response, disaster 

relief, rescue operations, border patrol, 

and last-mile logistics. 

This final rule is a step toward 

enabling the ecosystem for this industry 

to develop. It applies the appropriate set 

of rules for a range of certificate-holder 

operations conducted with powered-lift, 

and for certification of the pilots that 

would fly them. It was deliberated with 

the intent of mitigating risk to the NAS 

while maintaining its current level of 

safety. 

4. Costs Summary 

While operators choosing to conduct 

operations with powered-lift would 

incur costs to comply with regulations 

in this SFAR, these costs would be on 

a scale incurred by operators choosing 

to conduct operations with airplanes or 

rotorcraft under similar regulations. 

Likewise, costs imposed on individuals 

that choose to accomplish the required 

training and testing required to hold an 

airman’s certificate with a type rating in 

the powered-lift category would be on a 

scale no greater than those incurred by 

individuals accomplishing training and 

testing to hold an airman’s certificate 

with a type rating in the airplane or 

rotorcraft category. In other words, the 

costs imposed on operators and 

individuals that choose to comply with 

regulations in this rule would be no 

more burdensome than the costs 

incurred by entities and individuals 

complying with analogous airplane and 

rotorcraft regulations. 

However, to address the significant 

operational differences between each 

powered-lift, the FAA is amending 

regulations to require the PIC of a 

powered-lift to hold a type rating for the 

aircraft flown. The FAA has determined 

that requiring persons to hold type 

ratings for powered-lift establishes the 

appropriate level of safety. This ensures 

persons receive adequate training and 

are tested on the unique design and 

operating characteristics of each 

powered-lift flown. As a result, airmen 

choosing to operate powered-lift and 

manufacturers providing dual-control 

aircraft and full flight simulators for 

training will incur incremental costs. 

Airmen will incur the incremental costs 

to achieve a type rating for each 

powered-lift flown. 

In the preliminary regulatory impact 

analysis for the SFAR, the FAA solicited 

comments for data to update the final 

analysis. The FAA received comments 

to the analysis including supporting 

data related to costs. Consequently, the 

final regulatory impact analysis has 

been revised to incorporate some of the 

information received during the 

comment period. As a result, the 

number of individuals required to 

operate the fleet of aircraft anticipated 

to enter the fleet over the period of the 

SFAR has been adjusted upward. 

Additionally, the analysis is updated to 

include a cost for the provision of dualcontrol aircraft and full flight simulators 

for training, and a cost for decreased 

battery life due to a minimum fuel 

reserve requirement. 

The following table presents a 

summary of the primary estimates of the 

monetized costs of this rule, as well as 

estimates for the pessimistic and 

optimistic scenarios. The monetized 

costs include those that would require 

individuals to hold an airman’s 

certificate with a type rating for the 

powered-lift flown, costs for the 

provision of dual-control aircraft and 

full flight simulators for training, and 

incremental costs for the minimum fuel 

reserve requirement. For the primary 

estimate, over a 10-year period of 

analysis, this rule would result in 

present value costs of about $914.2 

million at a two percent discount rate 

with annualized costs of about $101.8 

million. At a three percent present value 

discount rate, present value costs are 

about $884.2 million with annualized 

costs of about $103.7million. At a seven 

percent discount rate, the present value 

costs are about $779.2 million with 

annualized costs of $110.9 million.488


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92476 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 

489www.faa.gov/licenses_certificates/airline_

certification/135_certification/general_info. 

TABLE 13—MONETIZED COSTS OF FINAL SFAR 

[Millions $] * 

Forecast scenario 

10-Year 

present value 

(2%) 

Annualized 

(2%) 

Base—Primary Estimate .......................................................................................................................................... $914.2 $101.8 

Pessimistic ............................................................................................................................................................... 865.5 96.4 

Optimistic ................................................................................................................................................................. 966.1 107.6 

* Table notes: Columns may not sum to total due to rounding. Discount rates are provided per Office of Management and Budget (OMB) 

guidance. 

Please see the regulatory impact 

analysis for this SFAR available in the 

docket for more details. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

of 1980, (5 U.S.C. 601–612), as amended 

by the Small Business Regulatory 

Enforcement Fairness Act of 1996 (Pub. 

L. 104–121) and the Small Business Jobs 

Act of 2010 (Pub. L. 111–240), requires 

Federal agencies to consider the effects 

of the regulatory action on small 

business and other small entities and to 

minimize any significant economic 

impact. The term ‘‘small entities’’ 

comprises small businesses and not-forprofit organizations that are 

independently owned and operated and 

are not dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The FAA published an Initial 

Regulatory Flexibility Analysis (IRFA) 

in the proposed rule to aid the public in 

commenting on the potential impacts to 

small entities. The FAA considered the 

public comments in developing the final 

rule and this Final Regulatory 

Flexibility Analysis (FRFA). A FRFA 

must contain the following: 

(1) A statement of the need for, and 

objectives of, the rule; 

(2) A statement of the significant 

issues raised by the public comments in 

response to the IRFA, a statement of the 

assessment of the agency of such issues, 

and a statement of any changes made in 

the proposed rule as a result of such 

comments; 

(3) The response of the agency to any 

comments filed by the Chief Counsel for 

Advocacy of the Small Business 

Administration (SBA) in response to the 

proposed rule, and a detailed statement 

of any change made to the proposed rule 

in the final rule as a result of the 

comments; 

(4) A description of and an estimate 

of the number of small entities to which 

the rule will apply or an explanation of 

why no such estimate is available; 

(5) A description of the projected 

reporting, recordkeeping, and other 

compliance requirements of the 

proposed rule, including an estimate of 

the classes of small entities which will 

be subject to the requirement and the 

type of professional skills necessary for 

preparation of the report or record; 

(6) A description of the steps the 

agency has taken to minimize the 

significant economic impact on small 

entities consistent with the stated 

objectives of applicable statutes, 

including a statement of the factual, 

policy, and legal reasons for selecting 

the alternative adopted in the final rule 

and why each of the other significant 

alternatives to the rule considered by 

the agency which affect the impact on 

small entities was rejected. 

1. A Statement of the Need for, and 

Objectives of, the Rule 

This rule establishes the requirements 

for the certification and operation of 

powered-lift. Powered-lift is defined in 

14 CFR part 1 as a heavier-than-air 

aircraft capable of vertical takeoff, 

vertical landing, and low speed flight 

that depends principally on enginedriven lift devices or engine thrust for 

lift during these flight regimes and on 

nonrotating airfoil(s) for lift during 

horizontal flight. 

The powered-lift that are coming to 

the civilian market have unique design, 

flight, and handling characteristics with 

varying degrees of automation. The FAA 

does not anticipate that the initial 

powered-lift that obtain type 

certification will be broadly available 

for basic airman certification and 

training at the private pilot level. 

Rather, manufacturers intend to produce 

powered-lift for commercial purposes, 

meaning the initial pilots will be 

required to hold at least commercial 

pilot certificates to act as required 

flightcrew members (i.e., PIC or SIC) for 

compensation or hire. 

The FAA lacks sufficient information 

at this time regarding emerging 

operations to implement permanent 

regulations. The FAA has found the use 

of an SFAR has been an effective way 

to gain such experience while enabling 

some degree of operations. The SFAR 

will establish a regulatory structure that 

leverages existing rules, removes 

operational barriers, and mitigates safety 

risks for powered-lift. Utilizing the 

SFAR will allow the FAA to observe 

operations and subsequently make any 

requisite safety improvements in a later 

permanent change to the regulations. 

2. Significant Issues Raised in Public 

Comments in Response to the Initial 

Regulatory Flexibility Act 

The FAA did not receive public 

comments in response to the Initial 

Regulatory Flexibility Act for the 

proposed SFAR. 

3. A Response to SBA Comments 

The FAA did not receive comments 

from the SBA in response to the Initial 

Regulatory Flexibility Act provided in 

the proposed SFAR. 

4. Small Entities to Which the Rule Will 

Apply 

The rule affects operators of poweredlift under parts 91, 135, and 136, as well 

as part 141 flight schools and part 142 

training centers. Part 91 operators 

conduct operations for non-commercial 

purposes. Part 135 operators conduct 

on-demand operations, which may 

include a limited number of scheduled 

operations, or commuter operations, and 

allows an unlimited number of 

scheduled operations as well as ondemand operations.489 There are 

specific limitations associated with 

these operations depending on whether 

they are on-demand or commuter. These 

limitations include the number of 

passenger seats installed on the aircraft, 

maximum payload limits, and whether 

turbo-jet aircraft can be used in the 

operation. Part 136 operators conduct 

commercial air tours. 

There are five North American 

Industry Classification System (NAICS) 

codes for air transportation services 

based on by type of activity conducted. 

Four of these codes identify a small 

entity as one with 1,500 or fewer 

employees. The exception is NAICS 

code 481219, which includes ‘‘other 


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490NAICS code 481111—Scheduled Passenger 

Air Transportation; 481112—Scheduled Freight Air 

Transportation; 481211—Nonscheduled Passenger 

Air Transportation; 481212—Nonscheduled Freight 

Air Transportation; 481219—Other Nonscheduled 

Air Transportation. 

491For example, single pilot operations are not 

required to prepare an operations manual or 

training program which significantly reduces the 

burden. The number of records and required reports 

are proportional to the number of pilots and aircraft 

used by the operator. Further, in several cases, such 

as for passenger briefings or aircraft checklists, 

commercially produced products are available from 

the aircraft manufacturer. 

nonscheduled air transportation.’’ 

Entities falling within this code are 

identified as small if revenues are $22 

million or less.490 At the time of this 

rule, there were approximately 1,700 

part 135 operators, and 900 part 91 

operators. A vast majority of these 

operators are small, and the FAA does 

not anticipate that they will be impacted 

by this rule. Due to this being an 

emerging market, the number of entities 

that will be impacted by this rule is 

uncertain. 

Flight training is available through 

part 141 flight schools or part 142 flight 

centers. Part 141 flight schools train 

with actual aircraft while part 142 flight 

centers train with flight simulators. The 

FAA notes that NAICS code for flight 

training is in Sector 61—Education 

Services. Specifically, flight training 

schools are identified by code 611512. 

The Small Business Administration 

identifies entities in this code as small 

based on revenues of $30 million or 

less. 

There are currently 525 part 141 flight 

schools and 45 part 142 training centers. 

FAA conducted research on the internet 

to determine revenues for these entities. 

While some of the part 141 flight 

schools are part of a curriculum offered 

at an institution of higher learning, most 

appear to be private entities, and thus 

revenues were not publicly available. Of 

the 45 part 142 training centers, 10 have 

revenues greater than $30 million and 

22 were identified as having revenues 

less than $30 million. Revenue 

information for the remaining 13 part 

142 training centers was not readily 

available. Based on this information, it 

is believed that a majority of flight 

schools under parts 141 and 142 are 

small entities. 

5. Projected Reporting, Recordkeeping, 

and Other Compliance Requirements 

Powered-lift manufacturers, air 

carriers, pilots, and instructors have 

important roles in the development of 

this sector of the aviation industry. The 

FAA prescribes regulations and 

minimum standards for practices, 

methods, and procedures necessary for 

safety in air commerce, including 

airman certificates, type certificates, and 

air operating certificates, as well as the 

authority to examine and rate civilian 

schools and prescribe regulations to 

ensure the competency of instructors. 

The reporting and recordkeeping 

requirements imposed by this SFAR 

already exist for manufacturers and 

operators of airplanes and rotorcraft. 

These requirements will now be 

applicable to like entities that choose to 

operate powered-lift. These 

requirements are described below. 

First, each operator which seeks to 

obtain, or is in possession of, an air 

carrier or FAA operating certificate is 

mandated to comply with the 

requirements of part 135 to determine if 

the carrier is operating in accordance 

with minimum safety standards. This 

burden results in reporting, 

recordkeeping, and disclosure 

requirements. All reporting provisions 

and approval processes can be 

accomplished electronically, including 

operations and maintenance manuals, 

crewmember and aircraft dispatcher 

records, maintenance records, and 

minimum equipment lists. However, 

certain documents, such as passenger 

briefing cards, must be available in 

paper form for safety reasons. The 

burden imposed on operators by this 

reporting requirement is proportionate 

to the size of its operation.491

Next, repair stations certificated 

under part 145 and passenger-carrying 

operators certificated under part 135 are 

required to submit Malfunction or 

Defect Reports, or Service Difficulty 

Reports. This data identifies mechanical 

failures, malfunctions, and defects that 

may be a hazard to the operation of an 

aircraft. When defects are reported that 

are likely to exist on other products of 

the same or similar design, the FAA 

may disseminate safety information to a 

particular section of the aviation 

community. These reports are submitted 

occasionally. The submission of 

information for this requirement is 

accomplished electronically. The FAA 

has found that this submission of data 

does not have a significant impact on a 

substantial number of small businesses. 

Lastly, the Application for Pilot 

School Certification is necessary for the 

FAA to collect information to ensure 

flight schools will meet the minimum 

acceptable training standards as 

prescribed by part 141. The FAA 

approves course curricula, training 

facilities, the chief instructor, and any 

assistant chief instructors, if applicable, 

for each course, and ensures oversight of 

flight instructors that provide training 

under part 141. Completion of the 

required items is of minimal burden to 

the respondent due to the simplistic 

format of the document. 

6. Significant Alternatives Considered 

One alternative the FAA considered 

was to engage in a permanent 

rulemaking to address the introduction 

of powered-lift in civilian operations. 

However, to date, the FAA lacks 

sufficient information regarding 

emerging operations to implement 

permanent regulations. Instead, the FAA 

finds the use of a SFAR to be the most 

viable option. Utilizing the SFAR will 

allow the FAA to observe operations 

and subsequently make any requisite 

safety improvements in a later 

permanent change to the regulations. 

Another alternative considered was 

the number of years the SFAR would 

remain in effect. After contemplating 

several options, the FAA determined ten 

years to be an appropriate length of 

time. In selecting ten years as the 

appropriate duration for this SFAR, the 

FAA considered a number of factors, 

including the length of time it will take 

to initiate operations after the adoption 

of this rule considering the type 

certification status of the powered-lift 

that are commercially viable. The FAA 

also considered ten years to be the 

appropriate length of time to collect 

operational data necessary to complete 

a subsequent rulemaking to implement 

permanent regulations. 

C. International Trade Impact 

Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standard has a 

legitimate domestic objective, such as 

the protection of safety and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. The FAA has assessed 

the potential effect of this final SFAR 

and determined that it ensures the 

safety of the American public and does 

not exclude imports that meet this 

objective. As a result, the FAA does not 

consider this rule as creating an 

unnecessary obstacle to foreign 

commerce. 


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492Official FAA forecasts related to the operation 

of powered-lift in the NAS have yet to be 

developed. Thus, forecasts for operators of part 135 

aircraft and fleet were prepared solely for the 

purpose of estimating the cost of the information 

collections affiliated with this rule and developed 

using publicly available data related to orders and 

options for powered-lift. Using the fleet forecast and 

an assumption for utilization (i.e., hours flown), 

forecasts for airmen and departures were also 

developed to estimate incremental costs of the 

paperwork burden. 

D. Unfunded Mandates Assessment 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) governs 

the issuance of Federal regulations that 

require unfunded mandates. An 

unfunded mandate is a regulation that 

requires a State, local, or Tribal 

government or the private sector to 

incur direct costs in excess of the 

inflation-adjusted statutory threshold of 

$183 million without the Federal 

Government having first provided the 

funds to pay those costs. The FAA 

determined that this rule will not result 

in the expenditure of $183 million or 

more by State, local, or Tribal 

governments, in the aggregate, or the 

private sector, in any one year. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. 

According to the 1995 amendments to 

the Paperwork Reduction Act (5 CFR 

1320.8(b)(2)(vi)), an agency may not 

collect or sponsor the collection of 

information, nor may it impose an 

information collection requirement 

unless it displays a currently valid 

Office of Management and Budget 

(OMB) control number. 

This action contains the following 

amendments to the existing information 

collection requirements previously 

approved under OMB Control Numbers 

2120–0009, 2120–0021, 2120–0039, 

2120–0600, 2120–0607, and 2120–0663. 

In the Powered-lift NPRM, the FAA 

included the AQP burden in a revision 

to information collection 2120–0039, 

Part 135—Operating Requirements: 

Commuter and On-Demand Operations 

and Rules Governing Persons on Board 

such Aircraft, and the FAA discussed 

the use of AQP throughout the NPRM. 

However, in publishing the NPRM, the 

FAA failed to include those revisions to 

information collection 2120–0701, 

Advanced Qualification Program (AQP) 

Subpart Y to part 121. However, given 

the extensive discussion of the use of 

AQP and the fact that the burden had 

been discussed in the context of 

information collection 2120–0039, the 

FAA believes that the public had 

sufficient notice of this burden revision, 

and therefore the FAA is revising the 

burden for information collection 2120– 

0701 in this final rule. As required by 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)), the FAA has 

submitted these information collection 

amendments to OMB for its review. 

1. Revision of Existing Information 

Collection 2120–0701: Advanced 

Qualification Program (AQP) Subpart Y 

of 14 CFR 121 

Abstract: Certificated air carriers, as 

well as training centers they employ 

may voluntarily respond to this 

collection in order obtain the benefit of 

a regulatory alternative for training, 

checking, qualifying, and certifying 

crewmembers subject to the 

requirements of parts 121 and 135. 

However, for those part 135 operators 

conducting powered-lift operations with 

aircraft requiring two pilots by type 

certification the information collection 

is mandatory. 

Air carriers submit de-identified 

performance and proficiency data that 

represents the results of an individual’s 

ability to successfully demonstrate the 

performance objectives of each 

curriculum. This information is 

captured during validation and 

evaluation gates as a crewmember 

progresses through an AQP curriculum. 

In general, the information is used to 

provide an improved basis for 

curriculum approval and monitoring, as 

well as agency decisions concerning air 

carrier training regulation and policy. 

This collection has reporting elements 

and is reported to the FAA monthly. 

The FAA has estimated the increase in 

the existing burden for this collection 

based on one part 135 operator being 

required to adhere to an AQP 

curriculum. 

Summary 

(annual) Reporting Total cost ($99.93/hour) 

# of Respondents .................................................................................................................................................... 1 ........................

# of Responses per respondent .............................................................................................................................. 12 ........................

Time per Response ................................................................................................................................................. 7 Hours ........................

Total burden ..................................................................................................................................................... 84 Hours $8,394 

2. Revision of Existing Information 

Collection 2120–0039: Operating 

Requirements: Commuter and OnDemand Operation 492

Abstract: Each operator which seeks 

to obtain, or is in possession of, an air 

carrier or FAA operating certificate is 

mandated to comply with the 

requirements of part 135 to maintain 

data which is used to determine if the 

carrier is operating in accordance with 

minimum safety standards. Air carrier 

and commercial operator certification is 

completed in accordance with part 119. 

Part 135 contains operations and 

maintenance requirements. The burden 

associated with part 135 is associated 

with reporting, record keeping and 

disclosure. 

The FAA has estimated the increase 

in the existing burden for this collection 

based on four part 119 certificate 

holders beginning powered-lift 

operations by the end of the third year 

following finalization of this SFAR. 

Note that not all information collection 

requirements have a burden increase as 

a result of revisions to this information 

collection. 


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493See footnote for Revision of Existing 

Information Collection 2120–0039: Operating 

Requirements: Commuter and On-Demand 

Operation. 

494The current collection identifies 15,925 

respondents performing recordkeeping 

requirements. The 2021 Civil Airmen Statistics 

(source: www.faa.gov/data_research/aviation_data_

statistics/civil_airmen_statistics) shows there are 

121,270 active flight instructors, thus 13.1 percent 

of the flight instructor population (15,925 ÷ 121,270 

= .131) perform this recordkeeping requirement. 

Additionally, FAA records show 251 active airmen 

holding a flight instructor certificate with a 

powered-lift rating; thus, it is estimated that 13.1 

percent of these airmen are affected by the 

recordkeeping requirement (for a total of 33 

airmen). 

TABLE 14—THREE-YEAR INCREMENTAL BURDEN FOR 2120–0039 OPERATING REQUIREMENTS: COMMUTER AND ONDEMAND OPERATIONS

Section Section title Number of 

respondents 

Number of 

responses 

Total 

responses 

HoursJobCat 

(1) 

HoursJobCat 

(2) 

HoursJobCat 

(3) 

HoursJobCat 

(4) 

HoursJobCat 

(5) 

Total 

burden 

(hours) 

Total 

burden 

(cost) 

135.21 Manual requirements ............... 4 5 20 0.5 ............ 2.0 ............ ............ 50.0 $2,097 

135.63 Recordkeeping requirementsaircraft available for use.2 2 4 ............ ............ 1.0 ............ ............ 4.0 185 

Pilot records ............................. 259 4 1,036 0.1 ............ ............ ............ ............ 103.6 2,539 

Pilot flight & duty ...................... 259 200 51,800 0.1 ............ ............ ............ ............ 5,180 126,962 

Load manifest ........................... 292,273 1 292,273 0.1 ............ ............ ............ ............ 29,227 716,36 

135.64 Retention of contracts and 

amendments written.

6 13 78 ............ 0.5 ............ ............ ............ 39.0 1,514 

Retention of contracts and 

amendments oral.

6 2 12 0.5 ............ ............ ............ ............ 6.0 147 

135.65 Reporting manual irregularities 6 75 450 ............ ............ ............ ............ 0.3 112.5 7,611 

135.79 Flight locating requirements ..... 2 1 2 ............ ............ 0.5 ............ ............ 1.0 46 

135.117 Briefing of passengers before 

flight.

292,273 1 292,273 ............ ............ ............ ............ 0.03 8,768.2 593,16 

135.179 Inoperable instruments and 

equipment.

6 1 6 3.0 ............ 20.0 ............ ............ 138.0 5,996 

135.227 Icing limitations ......................... 6 1 6 5.0 ............ 20.0 ............ ............ 150.0 6,290 

135.325 Training program and revision 6 1 6 5.0 ............ 15.0 ............ ............ 120.0 4,901 

135.415 Mechanical reliability reports .... 131 1 131 ............ ............ ............ 1.0 ............ 131.0 6,119 

135.417 Mechanical interruption summary report.6 12 72 ............ ............ ............ 1.0 ............ 72.0 3,363 

135.419 Approved aircraft inspection 

program.

6 1 6 0.5 ............ ............ 1.0 ............ 9.0 354 

135.431 Continuing analysis and surveillance.6 1 6 ............ ............ ............ 70.0 ............ 420.0 19,618 

Incremental burden .................. .................... .................... .................... ............ ............ ............ ............ ............ 44,531 1,497,27 

Note: Row and column totals may not sum due to rounding. 

3. Revision of Existing Information 

Collection 2120–0600: Training and 

Qualification Requirements for Check 

Airmen and Flight Instructors 493

Abstract: The reporting requirements 

are to ensure the check pilots and 

instructors are adequately trained and 

checked/evaluated to ensure they are 

capable and competent to perform the 

duties and responsibilities required by 

the air carrier to meet the regulations. 

Experienced pilots who would 

otherwise qualify as flight instructors or 

check airmen, but who are not 

medically eligible to hold the requisite 

medical certificate are mandated to keep 

records that may be inspected by the 

FAA to certify eligibility to perform 

flight instructor or check airmen 

functions. This information is inspected 

on occasion and will be used by the 

FAA to determine and to assure that 

check airmen and instructors maintain 

the high qualification standards 

(training and experience) required to 

perform their safety functions. 

The FAA has estimated the increase 

in the existing burden for this collection 

based on the percentage of instructors 

that are not medically eligible to hold 

the requisite medical certificate and are 

mandated to keep records that may be 

inspected by the FAA to certify 

eligibility to perform flight instructor or 

check airmen functions. The table below 

shows the incremental burden by the 

end of the third year following 

finalization of the SFAR for this 

recordkeeping requirement. 

TABLE 15—THREE-YEAR BURDEN ESTIMATE FOR INFORMATION COLLECTION 2120–0600 494 TRAINING AND

QUALIFICATION REQUIREMENTS FOR CHECK AIRMEN AND FLIGHT INSTRUCTORS

Total 

burden 

Respondents ........................................................................................................................................................................................ 66 

Responses per Respondent ................................................................................................................................................................ 1 

Time per response—15 seconds (in minutes) .................................................................................................................................... 0.25 

Total incremental time (in minutes) .............................................................................................................................................. 16.44 

Total incremental time (in hours) ................................................................................................................................................. 0.27 

Cost per hour (Check airman wage plus benefits—per hour) ............................................................................................................ $87.63 

Total incremental cost ........................................................................................................................................................... $24.54 

Note: Row and column totals may not sum due to rounding. 


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495See footnote for Revision of Existing 

Information Collection 2120–0039: Operating 

Requirements: Commuter and On-Demand 

Operation. 

496ADs are mandatory repair or modifications 

essential for the prevention of accidents. 

497Costs are based upon a private industry hourly 

wage of $25.18. The fully-burdened wage is $35.90 

and includes employee compensation related to 

benefits that is estimated to be 30.0 percent of the 

fully-burdened wage. (Source: Bureau of Labor 

Statistics, Employer Costs for Employee 

Compensation www.bls.gov/news.release/pdf/ 

ecec.pdf by month). 

498The FAA believes that the responses to this 

information collection will be performed by flight 

instructors and similar personnel at certificated 

pilot schools. The median hourly wage for these 

occupations is $27.38. The FAA multiplied this 

base hourly rate by 1.309, representing a load factor 

of 30.9%, and a fully loaded wage of $35.84. 

4. Revision of Existing Information 

Collection 2120–0663: Service Difficulty 

Report 495

Abstract: Service Difficulty Reports 

(SDRs) may be used by the air carrier 

industry and repair stations to submit 

mandated reporting of occurrences or 

detection of failures, malfunctions, or 

defects and can be submitted in an 

electronic format. Repair stations 

certificated under part 145 and 

passenger-carrying operators certificated 

under part 135 are required to submit 

Malfunction or Defect Reports, or 

Service Difficulty Reports. Report 

information is collected and collated by 

the FAA and used to determine service 

performance of aeronautical products. 

When defects are reported which are 

likely to exist on other products of the 

same or similar design, the FAA may 

disseminate safety information to a 

particular section of the aviation 

community. The FAA also may adopt 

new regulations or issue Airworthiness 

Directives (ADs) to address a specific 

problem.496 The regulations enhance air 

carrier safety by collecting additional 

and timelier data pertinent to critical 

aircraft components. This data identifies 

mechanical failures, malfunctions, and 

defects that may be a hazard to the 

operation of an aircraft. Reports are 

submitted on occasion. 

The FAA has estimated the increase 

in the existing burden for this collection 

based on four part 119 certificate 

holders beginning powered-lift 

operations under part 135 by the end of 

the third year following finalization of 

this SFAR. 

TABLE 16—THREE-YEAR BURDEN ESTIMATE FOR INFORMATION COLLECTION 2120–0663 SERVICE DIFFICULTY REPORT

Summary 

(three years) Reporting Recordkeeping Disclosure 

Number of Respondents .............................................................................................................. 4 ........................ ........................

Number of Responses per respondent ....................................................................................... 1 ........................ ........................

Time per Response ..................................................................................................................... 0.667 ........................ ........................

Total Number of responses ......................................................................................................... 4 ........................ ........................

Total Burden (hours) .................................................................................................................... 2.7 ........................ ........................

Total Burden (cost) 497 ................................................................................................................. $95.8 ........................ ........................

Note: Row and column totals may not sum due to rounding. 

5. Revision of Existing Information 

Collection 2120–0009: Application for 

Pilot School Certification 

Abstract: This information is reported 

and recorded by part 141 certificated 

pilot schools seeking to maintain their 

Air Agency Certification. Uncertificated 

pilot schools seeking certification as a 

part 141 pilot school are also required 

by part 141 to report information to the 

FAA and keep specific records. Part 141 

pilot schools train private, commercial, 

flight instructor, and ATPs, along with 

training for associated ratings in various 

types of aircraft. The information 

collected becomes a part of the FAA’s 

official records and is only used by the 

FAA for certification, compliance, 

enforcement, and for accidents, 

incidents, reports of noncompliance, 

safety programs, or other circumstances 

requiring reference to records. The 

requirements of part 141 include 

reporting and recordkeeping. The FAA 

has estimated the increase in the 

existing burden for this collection based 

on one new applicant per year for part 

141 certification and one renewal. 

TABLE 17—THREE-YEAR BURDEN ESTIMATE FOR INFORMATION COLLECTION 2120–0009 498 APPLICATION FOR PILOT

SCHOOL CERTIFICATION

Section Burden type Time/response 

(hours) Responses Total time (hours) 

Labor cost 

($35.84/hr) 

§ 141.13, Application ......................... Reporting .......................................... 0.5 4 2.0 $72 

§ 141.53, Training course outline ...... Reporting .......................................... 25.0 3 75.0 2,688 

§ 141.63, Application for examining 

authority.

Reporting .......................................... 20.0 3 60.0 2,150 

§ 141.87, Change of chief instructor Reporting .......................................... 0.1 3 0.3 11 

§ 141.110, Training records .............. Record-keeping ................................ 50 3 150 5,376 

Total ........................................... ........................................................... ........................ ........................ 287.3 10,297 

Note: Row and column totals may not sum due to rounding. 

6. Revision of Existing Information 

Collection 2120–0021: Airman 

Certificate and/or Rating Application 

Abstract: The Airman certificate and/ 

or Rating Application form and the 

required records, logbooks and 

statements required by part 61 are 

submitted to Federal Aviation 

Administration (FAA) Flight Standards 

District Offices or its representatives to 

determine qualifications of the 

applicant for issuance of a pilot or 

instructor certificate, or rating or 

authorization. If the information 

collection was not conducted, the FAA 

would be unable to issue the 

appropriate certificates and ratings. The 


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499To calculate the economic burden on 

respondents, the FAA uses an hourly rate of $15.40. 

This is an all-purpose travel-time rate, which is 

appropriate for this ICR because respondents 

represent a wide array of occupations and are often 

performing their reporting or recordkeeping 

activities on their own time. The travel-time rate is 

derived from Department of Transportation 

guidance (www.faa.gov/regulations_policies/policy_

guidance/benefit_cost/), modified by a Consumer 

Price Index for all Urban Consumers (CPI–U) value 

calculated by the Minneapolis Fed (www.faa.gov/ 

regulations_policies/policy_guidance/benefit_cost/). 

The FAA is not applying a load factor for overhead 

or benefits, because, as noted, these activities are 

typically not performed as part of a respondent’s job 

or occupation. 

information collected becomes a part of 

the FAA’s official records and is only 

used by the FAA for certification, 

compliance, enforcement, and for 

accidents, incidents, reports of 

noncompliance, safety programs, or 

other circumstances requiring reference 

to records. The requirements of part 61 

include reporting and recordkeeping. 

TABLE 18—THREE-YEAR BURDEN ESTIMATE FOR INFORMATION COLLECTION 2120–0021 499 AIRMAN CERTIFICATE AND/OR

RATING APPLICATION

Section 

Time per 

response 

(hours) 

Responses Reporting 

(hours) 

Recordkeeping 

(hours) 

Total cost 

(15.40/hr) 

61.13 .................................................................................... 0.10 171 17.1 ........................ $263 

61.39 .................................................................................... 0.05 171 8.6 ........................ 132 

61.49 .................................................................................... 0.05 1 0.1 ........................ 1 

61.51 .................................................................................... 1.00 44 ........................ 44.4 684 

61.56(a) ................................................................................ 0.10 44 4.4 ........................ 68 

61.57 .................................................................................... 0.10 171 ........................ 17.1 263 

61.87 .................................................................................... 0.05 171 ........................ 8.6 132 

61.93 .................................................................................... 0.10 171 ........................ 17.1 263 

61.185 .................................................................................. 0.10 29 ........................ 2.9 44 

61.189 .................................................................................. 1.00 29 ........................ 28.8 443 

61.197 .................................................................................. 0.10 29 2.9 ........................ 44 

Totals ............................................................................ ........................ 1,031 33 119 2,339 

F. International Compatibility 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

conform to International Civil Aviation 

Organization (ICAO) Standards and 

Recommended Practices to the 

maximum extent practicable. As 

discussed in the preamble of this SFAR, 

the FAA intends to follow ICAO 

standards for powered-lift where 

practicable. However, the FAA’s initial 

approach has differences to the ICAO 

published Standards and Recommended 

Practices, including the transitional 

measures outlined by ICAO in Annex 1, 

Section 2.1.1.4. As documented 

throughout the preamble, the SFAR 

provides an equivalent level of safety 

which meets or exceeds the ICAO 

Standards. Any identified differences to 

current or future ICAO standards will be 

documented and published in 

accordance with the FAA ICAO 

Difference procedures. 

G. Environmental Analysis 

FAA Order 1050.1F identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act (NEPA) in the 

absence of extraordinary circumstances. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 5–6.6f for regulations and 

involves no extraordinary 

circumstances. 

H. Regulations Affecting Intrastate 

Aviation in Alaska 

Section 1205 of the FAA 

Reauthorization Act of 1996 (110 Stat. 

3213) requires the Administrator, when 

modifying 14 CFR regulations in a 

manner affecting intrastate aviation in 

Alaska, to consider the extent to which 

Alaska is not served by transportation 

modes other than aviation, and to 

establish appropriate regulatory 

distinctions. Because this final rule will 

apply to operations of powered-lift that 

could occur throughout the territorial 

airspace of the United States, it could, 

if adopted, affect intrastate aviation in 

Alaska. 

I. Congressional Review Act 

As required by 5 U.S.C. 801, FAA will 

report to Congress on the promulgation 

of this rule prior to its effective date. 

The report will state that it has been 

determined that the rule is a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

XIX. Executive Order Determinations 

A. Executive Order 14036, Promoting 

Competition in the United States 

Economy 

The FAA has analyzed this rule under 

the principles and criteria of Executive 

Order 14036, Promoting Competition in 

the United States Economy. The FAA 

finds that this action promotes 

competition by enabling powered-lift to 

enter the market. The FAA anticipates 

that powered-lift will compete with 

surface transportation modes in 

congested intra-city areas for those 

passengers that want the benefits of 

convenient and shorter travel times 

compared to traditional intra-city travel 

modes that are currently available. 

Additionally, the integration of 

powered-lift into the NAS will foster 

competition between powered-lift, 

airplanes, and helicopters with respect 

to passenger-carrying operations and 

cargo operations, which will benefit 

American travelers, consumers, and 

businesses. By enabling the safe 

integration of powered-lift into the NAS, 

the rule facilitates innovations that 

foster United States market leadership 

and airspace access to promote 

competition and economic opportunity, 

while also ensuring safety and safety 

oversight. 

B. Executive Order 13985, Advancing 

Racial Equity and Support for 

Underserved Communities Through the 

Federal Government 

The FAA has analyzed this rule under 

the principles and criteria of Executive 

Order 13985, Advancing Racial Equity 

and Support for Underserved 

Communities Through the Federal 

Government. The FAA sought comment 

on advancing equity and supporting 

underserved communities. A number of 

comments related to such underserved 

communities benefiting from AAM 

more broadly, with powered-lift being 

mentioned as potentially providing 


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500 65 FR 67249 (Nov. 6, 2000). 

501FAA Order No. 1210.20 (Jan. 28, 2004), 

available at www.faa.gov/documentLibrary/media/ 

1210.pdf. 

greater opportunities for air 

transportation to rural, remote, and 

underserved communities. These 

commenters supported the integration 

of powered-lift as they believe poweredlift would enhance connectivity, 

increase the coverage of affordable and 

efficient transportation, provide 

economic stimulation, and improve 

access to emergency services for these 

communities and regions. Additionally, 

commenters supported allowing 

military pilots to obtain a rating for a 

powered-lift they have operated in the 

military. Commenters said this 

provision will support diversity in the 

workforce and increase the share of 

powered-lift operations to which the 

civilian market has access. Consistent 

with Executive Order 13985, the FAA 

has analyzed this rule to assess whether, 

and to what extent, it may perpetuate 

systemic barriers to opportunities and 

benefits for underserved communities 

and their members. The FAA finds that 

the rule to enable the certification of 

powered-lift pilots and safe powered-lift 

operations could advance equity for 

historically disadvantaged communities 

by expanding their access to goods and 

services. 

C. Executive Order 13132, Federalism 

The FAA has analyzed this final rule 

under the principles and criteria of 

Executive Order 13132, Federalism. The 

FAA has determined that this action 

will not have a substantial direct effect 

on the States, or the relationship 

between the Federal Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government, and, 

therefore, will not have federalism 

implications. 

D. Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

Consistent with Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments,500 and 

FAA Order 1210.20, American Indian 

and Alaska Native Tribal Consultation 

Policy and Procedures,501 the FAA 

ensures that Federally Recognized 

Tribes (Tribes) are given the opportunity 

to provide meaningful and timely input 

regarding proposed Federal actions that 

have the potential to have substantial 

direct effects on one or more Indian 

Tribes, on the relationship between the 

Federal government and Indian Tribes, 

or on the distribution of power and 

responsibilities between the Federal 

government and Indian Tribes; or to 

affect uniquely or significantly their 

respective Tribes. The FAA has not 

identified any unique or significant 

effects, environmental or otherwise, on 

Tribes resulting from this final rule. 

E. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA analyzed this final rule 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use. The FAA has 

determined that it is not a ‘‘significant 

energy action’’ under the executive 

order and is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

F. Executive Order 13609, Promoting 

International Regulatory Cooperation 

Executive Order 13609, Promoting 

International Regulatory Cooperation, 

promotes international regulatory 

cooperation to meet shared challenges 

involving health, safety, labor, security, 

environmental, and other issues and to 

reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. The FAA has analyzed 

this action under the policies and 

agency responsibilities of Executive 

Order 13609 and has determined that 

this action would have no effect on 

international regulatory cooperation. 

XX. Additional Information 

A. Electronic Access and Filing 

A copy of the NPRM, all comments 

received, this final rule, and all 

background material may be viewed 

online at www.regulations.gov using the 

docket number listed above. A copy of 

this final rule will be placed in the 

docket. Electronic retrieval help and 

guidelines are available on the website. 

It is available 24 hours each day, 365 

days each year. An electronic copy of 

this document may also be downloaded 

from the Office of the Federal Register’s 

website at www.federalregister.gov and 

the Government Publishing Office’s 

website at www.govinfo.gov. A copy 

may also be found at the FAA’s 

Regulations and Policies website at 

www.faa.gov/regulations_policies. 

Copies may also be obtained by 

sending a request to the Federal 

Aviation Administration, Office of 

Rulemaking, ARM–1, 800 Independence 

Avenue SW, Washington, DC 20591, or 

by calling (202) 267–9677. Commenters 

must identify the docket or notice 

number of this rulemaking. 

All documents the FAA considered in 

developing this final rule, including 

economic analyses and technical 

reports, may be accessed in the 

electronic docket for this rulemaking. 

B. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires the FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

A small entity with questions regarding 

this document may contact its local 

FAA official, or the person listed under 

the FOR FURTHER INFORMATION CONTACT

heading at the beginning of the 

preamble. To find out more about 

SBREFA on the internet, visit 

www.faa.gov/regulations_policies/ 

rulemaking/sbre_act/. 

List of Subjects 

14 CFR Part 1 

Air transportation. 

14 CFR Part 11 

Administrative practice and 

procedure, Reporting and recordkeeping 

requirements. 

14 CFR Part 43 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

14 CFR Part 60 

Airmen, Aviation safety, Reporting 

and recordkeeping requirements. 

14 CFR Part 61 

Aircraft, Airmen, Aviation safety, 

Recreation and recreation areas, 

Reporting and recordkeeping 

requirements, Security measures, 

Teachers. 

14 CFR Part 91 

Agriculture, Air carriers, Air taxi, Air 

traffic control, Air transportation, 

Aircraft, Airmen, Airports, Aviation 

safety, Charter flights, Freight, Reporting 

and recordkeeping requirements, 

Security measures, Transportation. 

14 CFR Part 97 

Air traffic control, Airports, 

Navigation (air), Weather. 

14 CFR Part 111 

Administrative practice and 

procedure, Air carriers, Air 

transportation, Air taxi, Aircraft, 

Airmen, Alcohol abuse, Aviation safety, 

Charter flights, Drug abuse, Reporting 

and recordkeeping requirements. 

14 CFR Part 135 

Air carriers, Air taxi, Air 

transportation, Aircraft, Airmen, 


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Aviation safety, Reporting and 

recordkeeping requirements. 

14 CFR Part 136 

Air transportation, Aircraft, Aviation 

safety, National parks, Recreation and 

recreation areas, Reporting and 

recordkeeping requirements. 

14 CFR Part 141 

Airmen, Educational facilities, 

Reporting and recordkeeping 

requirements, Schools. 

14 CFR Part 142 

Airmen, Educational facilities, 

Reporting and recordkeeping 

requirements, Schools, Teachers. 

14 CFR Part 194 

Air carriers, Air traffic control, Air 

transportation, Aircraft, Airmen, 

Airports, Aviation safety, Charter 

flights, Freight, Incorporation by 

reference, Navigation (air), Recreation 

and recreation areas, Reporting and 

recordkeeping requirements, Teachers, 

Schools. 

The Amendment 

For the reasons discussed in the 

preamble, the Federal Aviation 

Administration amends 14 CFR chapter 

I of title 14, Code of Federal Regulations 

as follows: 

PART 1—DEFINITIONS AND 

ABBREVIATIONS 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 40113, 44701. 

■ 2. Amend § 1.1 by revising the 

introductory text and the definition of 

‘‘Autorotation’’ to read as follows: 

§ 1.1 General definitions. 

As used in this chapter, unless the 

context requires otherwise: 

* * * * * 

Autorotation means a rotorcraft or 

powered-lift flight condition in which 

the lifting rotor is driven entirely by 

action of the air when the rotorcraft or 

powered-lift is in motion. 

* * * * * 

■ 3. Amend § 1.2 by revising the 

introductory text to read as follows: 

§ 1.2 Abbreviations and symbols. 

In this chapter: 

* * * * * 

■ 4. Amend § 1.3 by revising paragraphs 

(a) introductory text and (b) 

introductory text to read as follows: 

§ 1.3 Rules of construction. 

(a) In this chapter, unless the context 

requires otherwise: 

* * * * * 

(b) In this chapter, the word: 

* * * * * 

PART 11—GENERAL RULEMAKING 

PROCEDURES 

■ 5. The authority citation for part 11 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 40101, 40103, 

40105, 40109, 40113, 44110, 44502, 44701– 

44702, 44711, 46102, and 51 U.S.C. 50901– 

50923. 

■ 6. In § 11.201 amend the table in 

paragraph (b) by adding the entry ‘‘Part 

194’’ in numerical order to read as 

follows: 

§ 11.201 Office of Management and Budget 

(OMB) control numbers assigned under the 

Paperwork Reduction Act. 

* * * * * 

(b) * * * 

14 CFR part or section identified and described Current OMB control No. 

*******

Part 194 ....................................................................... 2120–0009, 2120–0021, 2120–0039, 2120–0600, 2120–0607, 2120–0663, 2120–0701. 

*******

PART 43—MAINTENANCE, 

PREVENTIVE MAINTENANCE, 

REBUILDING, AND ALTERATION 

■ 7. The authority citation for part 43 

continues to read as follows: 

Authority: 42 U.S.C. 7572; 49 U.S.C. 

106(f), 106(g), 40105, 40113, 44701–44702, 

44704, 44707, 44709, 44711, 44713, 44715, 

45303. 

■ 8. Amend § 43.1 by adding paragraph 

(e) to read as follows: 

§ 43.1 Applicability. 

* * * * * 

(e) Additional applicability of 

maintenance provisions for powered-lift 

is set forth in part 194 of this chapter. 

PART 60—FLIGHT SIMULATION 

TRAINING DEVICE INITIAL AND 

CONTINUING QUALIFICATION AND 

USE 

■ 9. The authority citation for part 60 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40113, 

and 44701; Pub. L. 111–216, 124 Stat. 2348 

(49 U.S.C. 44701 note). 

■ 10. Amend § 60.1 by revising 

paragraph (a) to read as follows: 

§ 60.1 Applicability. 

(a) This part prescribes the rules 

governing the initial and continuing 

qualification and use of all aircraft flight 

simulation training devices (FSTD) used 

for meeting training, evaluation, or 

flight experience requirements of this 

chapter for flight crewmember 

certification or qualification. Additional 

requirements for FSTD representing 

powered-lift are set forth in part 194 of 

this chapter. 

* * * * * 

PART 61—CERTIFICATION: PILOTS, 

FLIGHT INSTRUCTORS, AND GROUND 

INSTRUCTORS 

■ 11. The authority citation for part 61 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 40113, 44701– 

44703, 44707, 44709–44711, 44729, 44903, 

45102–45103, 45301–45302; sec. 2307, Pub. 

L. 114–190, 130 Stat. 615 (49 U.S.C. 44703 

note); and sec. 318, Pub. L. 115–254, 132 

Stat. 3186 (49 U.S.C. 44703 note). 

PART 61 [AMENDED] 

■ 12. In part 61, revise all references to 

‘‘cross-country flight time’’ to read 

‘‘cross-country time’’. 

■ 13. Amend § 61.1 by: 

■ a. Revising paragraph (a); and 

■ b. In paragraph (b) in the definition of 

‘‘Cross-country time’’, revising 

paragraph (i) introductory text. 

The revisions read as follows: 

§ 61.1 Applicability and definitions. 

(a) Except as provided in parts 107 

and 194 of this chapter, this part 

prescribes: 

(1) The requirements for issuing pilot, 

flight instructor, and ground instructor 

certificates and ratings; the conditions 

under which those certificates and 

ratings are necessary; and the privileges 

and limitations of those certificates and 

ratings. 


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(2) The requirements for issuing pilot, 

flight instructor, and ground instructor 

authorizations; the conditions under 

which those authorizations are 

necessary; and the privileges and 

limitations of those authorizations. 

(3) The requirements for issuing pilot, 

flight instructor, and ground instructor 

certificates and ratings for persons who 

have taken courses approved by the 

Administrator under other parts of this 

chapter. 

(b) * * * 

Cross-country time * * * 

(i) Except as provided in paragraphs 

(ii) through (vii) of this definition, time 

acquired during flight— 

* * * * * 

■ 14. Amend § 61.3 by revising 

paragraphs (e)(1) and (2), (f)(2)(i) and 

(ii), and (g)(2)(i) and (ii) to read as 

follows: 

§ 61.3 Requirement for certificates, 

ratings, and authorizations. 

* * * * * 

(e) * * * 

(1) The appropriate aircraft category, 

class, type (if a class or type rating is 

required), and instrument rating on that 

person’s pilot certificate for any 

airplane, helicopter, or powered-lift 

being flown; 

(2) An airline transport pilot 

certificate with the appropriate aircraft 

category, class, and type rating (if a class 

or type rating is required) for the aircraft 

being flown; 

* * * * * 

(f) * * * 

(2) * * * 

(i) Holds a pilot certificate with 

category and class ratings (if a class 

rating is required) for that aircraft and 

an instrument rating for that category 

aircraft; 

(ii) Holds an airline transport pilot 

certificate with category and class 

ratings (if a class rating is required) for 

that aircraft; or 

* * * * * 

(g) * * * 

(2) * * * 

(i) Holds a pilot certificate with 

category and class ratings (if a class 

rating is required) for that aircraft and 

an instrument rating for that category 

aircraft; 

(ii) Holds an airline transport pilot 

certificate with category and class 

ratings (if a class rating is required) for 

that aircraft; or 

* * * * * 

■ 15. Amend § 61.5 by: 

■ a. Redesignating paragraphs (b)(7)(iii) 

and (iv) as paragraphs (b)(7)(iv) and 

(b)(9), respectively; and 

■ b. Adding new paragraph (b)(7)(iii). 

The addition reads as follows: 

§ 61.5 Certificates and ratings issued 

under this part. 

* * * * * 

(b) * * * 

(7) * * * 

(iii) Powered-lift. 

* * * * * 

■ 16. Amend § 61.31 by: 

■ a. Redesignating paragraph (a)(3) as 

paragraph (a)(4); 

■ b. Adding new paragraph (a)(3); and 

■ c. Revising paragraph (l)(1). 

The revisions and addition read as 

follows: 

§ 61.31 Type rating requirements, 

additional training, and authorization 

requirements. 

(a) * * * 

(3) Powered-lift. 

* * * * * 

(l) * * * 

(1) This section does not require a 

pilot to hold category and class ratings 

for an aircraft that is not identified by 

category or class under § 61.5(b). 

* * * * * 

■ 17. Amend § 61.39 by revising 

paragraph (a)(3) to read as follows: 

§ 61.39 Prerequisites for practical tests. 

(a) * * * 

(3) Have satisfactorily accomplished 

the required training and obtained the 

aeronautical experience prescribed by 

this part for the certificate or rating 

sought, and: 

(i) If applying for the practical test 

with flight time accomplished under 

§ 61.159(c), present a copy of the 

records required by § 135.63(a)(4)(vi) 

and (x) of this chapter; or 

(ii) If applying for a practical test for 

the issuance of an initial category and 

class rating (if a class rating is required) 

at the private, commercial, or airline 

transport pilot certificate level in an 

aircraft that requires a type rating or a 

flight simulator or flight training device 

that represents an aircraft that requires 

a type rating, meet the eligibility 

requirements for the type rating or 

already hold the type rating on their 

pilot certificate; 

* * * * * 

■ 18. Amend § 61.43 by adding 

paragraph (g) to read as follows: 

§ 61.43 Practical tests: General 

procedures. 

* * * * * 

(g) A practical test for an airline 

transport pilot certificate with category 

and class rating (if a class rating is 

required) in an aircraft that requires a 

type rating or in a flight simulation 

training device that represents an 

aircraft that requires a type rating 

includes the same tasks and maneuvers 

as a practical test for a type rating. 

■ 19. Amend § 61.45 by revising 

paragraphs (a)(1)(i) and (a)(2)(ii) to read 

as follows: 

§ 61.45 Practical tests: Required aircraft 

and equipment. 

(a) * * * 

(1) * * * 

(i) Is of the category, class, and type 

(if a class or type rating is required) for 

which the applicant is applying for a 

certificate or rating; and 

* * * * * 

(2) * * * 

(ii) An aircraft of the same category, 

class, and type (if a class or type rating 

is required) of foreign registry that is 

properly certificated by the country of 

registry; or 

* * * * * 

■ 20. Amend § 61.47 by revising the 

section heading and adding paragraph 

(d) to read as follows: 

§ 61.47 Status and responsibilities of an 

examiner who is authorized by the 

Administrator to conduct practical tests. 

* * * * * 

(d) An examiner may not conduct a 

practical test for the issuance of an 

initial category and class rating (if a 

class rating is required) at the private, 

commercial, or airline transport pilot 

certificate level in an aircraft that 

requires a type rating or a flight 

simulator or flight training device that 

represents an aircraft that requires a 

type rating unless: 

(1) The applicant meets the eligibility 

requirements for a type rating in that 

aircraft or already holds that type rating 

on their certificate; and 

(2) The practical test contains the 

tasks and maneuvers for a type rating 

specified in the areas of operation at the 

airline transport pilot certification level. 

■ 21. Amend § 61.51 by revising 

paragraph (f)(2) to read as follows: 

§ 61.51 Pilot logbooks. 

* * * * * 

(f) * * * 

(2) Holds the appropriate category, 

class, and instrument rating (if a class or 

instrument rating is required for the 

flight) for the aircraft being flown, and 

more than one pilot is required under 

the type certification of the aircraft or 

the regulations under which the flight is 

being conducted; or 

* * * * * 

■ 22. Amend § 61.55 by revising 

paragraph (a) to read as follows: 


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§ 61.55 Second-in-command 

qualifications. 

(a) A person may serve as a secondin-command of an aircraft type 

certificated for more than one required 

pilot flight crewmember or in operations 

requiring a second-in-command pilot 

flight crewmember only if that person 

meets the following requirements: 

(1) Holds at least a private pilot 

certificate with the appropriate category 

and class rating; 

(2) Holds an instrument rating or 

privilege that applies to the aircraft 

being flown if the flight is under IFR; 

(3) Holds at least a pilot type rating 

for the aircraft being flown unless the 

flight will be conducted as domestic 

flight operations within the United 

States airspace; and 

(4) If serving as second-in-command 

of a powered-lift, satisfies the 

requirements specified in § 194.209 of 

this chapter. 

* * * * * 

■ 23. Amend § 61.57 by revising 

paragraphs (a)(1)(ii), (b)(1)(ii), and (g)(1) 

and (4) to read as follows: 

§ 61.57 Recent flight experience: Pilot in 

command. 

(a) * * * 

(1) * * * 

(ii) The required takeoffs and landings 

were performed in an aircraft of the 

same category, class, and type (if a class 

or type rating is required), and, if the 

aircraft to be flown is an airplane with 

a tailwheel, the takeoffs and landings 

must have been made to a full stop in 

an airplane with a tailwheel. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) The required takeoffs and landings 

were performed in an aircraft of the 

same category, class, and type (if a class 

or type rating is required). 

* * * * * 

(g) * * * 

(1) An Examiner who is qualified to 

perform night vision goggle operations 

in that same aircraft category and class 

(if a class rating is required); 

* * * * * 

(4) An authorized flight instructor 

who is qualified to perform night vision 

goggle operations in that same aircraft 

category and class (if a class rating is 

required); 

* * * * * 

§ 61.63 [Amended] 

■ 24. Amend § 61.63 by removing and 

reserving paragraph (h). 

■ 25. Amend § 61.64 by revising 

paragraphs (a)(1) and (e), (f) 

introductory text, and (g)(1) to read as 

follows: 

§ 61.64 Use of a flight simulator and flight 

training device. 

(a) * * * 

(1) Must represent the category, class, 

and type (if a class or type rating is 

applicable) for the rating sought; and 

* * * * * 

(e) Except as provided in paragraph (f) 

of this section, if a powered-lift is not 

used during the practical test for a type 

rating in a powered-lift (except for 

preflight inspection), an applicant must 

accomplish the entire practical test in a 

Level C or higher flight simulator and 

have 500 hours of flight time in the type 

of powered-lift for which the rating is 

sought. 

(f) If the applicant does not meet one 

of the experience requirements of 

paragraphs (b)(1) through (5), 

paragraphs (c)(1) through (5), 

paragraphs (d)(1) through (4), or 

paragraph (e) of this section, as 

appropriate to the type rating sought, 

then— 

* * * * * 

(g) * * * 

(1) Performs 25 hours of flight time in 

an aircraft of the appropriate category, 

class (if a class rating is required), and 

type for which the limitation applies 

under the direct observation of the pilot 

in command who holds a category, class 

(if a class rating is required), and type 

rating, without limitations, for the 

aircraft; 

* * * * * 

■ 26. Amend § 61.109 by revising 

paragraph (e)(5) introductory text to 

read as follows: 

§ 61.109 Aeronautical experience. 

* * * * * 

(e) * * * 

(5) 10 hours of solo flight time in a 

powered-lift consisting of at least— 

* * * * * 

■ 27. Amend § 61.163 by adding 

paragraphs (c), (d), and (e) to read as 

follows: 

§ 61.163 Aeronautical experience: 

Powered-lift category rating. 

* * * * * 

(c) Flight time logged under 

§ 61.159(c) may be counted toward the 

1,500 hours of total time as a pilot 

required by paragraph (a) of this section 

and the flight time requirements of 

paragraphs (a)(1), (2), and (4) of this 

section. 

(d) An applicant who credits time 

under paragraph (c) of this section is 

issued an airline transport pilot 

certificate with the limitation ‘‘Holder 

does not meet the pilot in command 

aeronautical experience requirements of 

ICAO,’’ as prescribed under Article 39 

of the Convention on International Civil 

Aviation. 

(e) An applicant is entitled to an 

airline transport pilot certificate without 

the ICAO limitation specified under 

paragraph (d) of this section when the 

applicant presents satisfactory evidence 

of having met the ICAO requirements 

under paragraph (d) of this section and 

otherwise meets the aeronautical 

experience requirements of this section. 

§ 61.165 [Amended] 

■ 28. Amend § 61.165 by removing 

paragraph (g). 

■ 29. Amend § 61.167 by revising the 

introductory text of paragraph (a)(2) to 

read as follows: 

§ 61.167 Airline transport pilot privileges 

and limitations. 

(a) * * * 

(2) A person who holds an airline 

transport pilot certificate and has met 

the aeronautical experience 

requirements of § 61.159, 61.161, or 

61.163, and the age requirements of 

§ 61.153(a)(1) may instruct— 

* * * * * 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 30. The authority citation for part 91 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 40101, 40103, 

40105, 40113, 40120, 44101, 44111, 44701, 

44704, 44709, 44711, 44712, 44715, 44716, 

44717, 44722, 46306, 46315, 46316, 46504, 

46506–46507, 47122, 47508, 47528–47531, 

47534, Pub. L. 114–190, 130 Stat. 615 (49 

U.S.C. 44703 note); articles 12 and 29 of the 

Convention on International Civil Aviation 

(61 Stat. 1180), (126 Stat. 11). 

■ 31. Amend § 91.1 by revising 

paragraph (d) and adding paragraph (g) 

to read as follows: 

§ 91.1 Applicability. 

* * * * * 

(d) This part also establishes 

requirements for operators to take 

actions to support the continued 

airworthiness of each aircraft. 

* * * * * 

(g) Additional requirements for 

powered-lift operations are set forth in 

part 194 of this chapter. 

■ 32. Amend § 91.113 by revising 

paragraph (d) to read as follows: 

§ 91.113 Right-of-way rules: Except water 

operations. 

* * * * * 

(d) Converging. When aircraft of the 

same category are converging at 

approximately the same altitude (except 

head-on, or nearly so), the aircraft to the 

other’s right has the right-of-way. If the 

aircraft are of different categories— 


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(1) A balloon has the right-of-way 

over any other category of aircraft; 

(2) A glider has the right-of-way over 

an airship, powered parachute, weightshift-control aircraft, airplane, poweredlift, or rotorcraft. 

(3) An airship has the right-of-way 

over a powered parachute, weight-shiftcontrol aircraft, airplane, powered-lift, 

or rotorcraft. 

(4) An aircraft towing or refueling 

other aircraft has the right-of-way over 

all other engine-driven aircraft. 

* * * * * 

§ 91.205 [Amended] 

■ 33. Amend § 91.205 in the section 

headings and paragraph (a) by removing 

the phrase ‘‘standard category’’ and 

adding in its place the word ‘‘standard’’. 

■ 34. Amend § 91.903 by revising 

paragraph (a) to read as follows: 

§ 91.903 Policy and procedures. 

(a) The Administrator may issue a 

certificate of waiver authorizing the 

operation of aircraft in deviation from 

any rule listed in this subpart or any 

rule listed in this subpart as modified by 

subpart C of part 194 of this chapter if 

the Administrator finds that the 

proposed operation can be safely 

conducted under the terms of that 

certificate of waiver. 

* * * * * 

■ 35. Amend § 91.1053 by revising 

paragraph (a)(2)(i) to read as follows: 

§ 91.1053 Crewmember experience. 

(a) * * * 

(2) * * * 

(i) Pilot in command—Airline 

transport pilot and applicable type 

ratings not limited to VFR only. 

* * * * * 

§ 91.1115 [Amended] 

■ 36. Amend § 91.1115(b)(1) by 

removing the word ‘‘airplane’’ and 

adding in its place the word ‘‘aircraft’’. 

PART 97—STANDARD INSTRUMENT 

PROCEDURES 

■ 37. The authority citation for part 97 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40103, 

40106, 40113, 40114, 40120, 44502, 44514, 

44701, 44719, and 44721–44722. 

■ 38. Amend § 97.1 by adding paragraph 

(c) to read as follows: 

§ 97.1 Applicability. 

* * * * * 

(c) Additional applicability of copter 

procedures for powered-lift is set forth 

in part 194 of this chapter. 

PART 111—PILOT RECORDS 

DATABASE 

■ 39. The authority citation for part 111 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40101, 

40113, 44701, 44703, 44711, 46105, 46301. 

■ 40. Amend § 111.1 by revising 

paragraph (b)(4) introductory text and 

adding paragraph (b)(4)(iii) to read as 

follows: 

§ 111.1 Applicability. 

* * * * * 

(b) * * * 

(4) Each operator that operates two or 

more aircraft described in paragraph 

(b)(4)(i), (ii), or (iii) of this section, in 

furtherance of or incidental to a 

business, solely pursuant to the general 

operating and flight rules in part 91 of 

this chapter, or that operates aircraft 

pursuant to a Letter of Deviation 

Authority issued under § 125.3 of this 

chapter. 

* * * * * 

(iii) Large powered-lift. 

* * * * * 

PART 135—OPERATING 

REQUIREMENTS: COMMUTER AND 

ON DEMAND OPERATIONS AND 

RULES GOVERNING PERSONS ON 

BOARD SUCH AIRCRAFT 

■ 41. The authority citation for part 135 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 40113, 41706, 

44701–44702, 44705, 44709, 44711–44713, 

44715–44717, 44722, 44730, 45101–45105; 

Pub. L. 112–95, 126 Stat. 58 (49 U.S.C. 

44730). 

■ 42. Amend § 135.1 by adding 

paragraph (d) to read as follows: 

§ 135.1 Applicability. 

* * * * * 

(d) Additional requirements for 

powered-lift operations, training, 

checking, and testing, are set forth in 

part 194 of this chapter. 

■ 43. Amend § 135.100 by: 

■ a. Adding paragraph (d); and 

■ b. Removing the note at the end of the 

section. 

The addition reads as follows: 

§ 135.100 Flight crewmember duties. 

* * * * * 

(d) For the purposes of this section, 

taxi is defined as movement of an 

aircraft under its own power on the 

surface of an airport and includes hover 

taxi which is movement of a helicopter 

or any vertical takeoff and landing 

aircraft conducted above the surface and 

in ground effect at airspeeds less than 

approximately 20 knots, and air taxi 

which is movement of a helicopter or 

any vertical takeoff and landing aircraft 

conducted above the surface but 

normally not above 100 feet AGL. 

■ 44. Amend § 135.152 by revising 

paragraph (j) to read as follows: 

§ 135.152 Flight data recorders. 

* * * * * 

(j) For all turbine-engine-powered 

airplanes with a seating configuration, 

excluding any required crewmember 

seat, of 10 to 30 passenger seats, that are 

manufactured after August 19, 2002, the 

parameters listed in paragraphs (h)(1) 

through (88) of this section must be 

recorded within the ranges, accuracies, 

resolutions, and recording intervals 

specified in appendix F to this part. 

* * * * * 

§ 135.165 [Amended] 

■ 45. Amend § 135.165 by removing the 

reference ‘‘part 119’’ in the introductory 

text of paragraph (d) and adding in its 

place the reference ‘‘part 110’’. 

■ 46. Amend § 135.179 by revising 

paragraph (b)(1) to read as follows: 

§ 135.179 Inoperable instruments and 

equipment. 

* * * * * 

(b) * * * 

(1) Instruments and equipment that 

are either specifically or otherwise 

required by the airworthiness 

requirements under which the aircraft is 

type certificated and which are essential 

for safe operations under all operating 

conditions. 

* * * * * 

■ 47. Amend § 135.243 by revising and 

republishing paragraphs (a) through (c) 

to read as follows: 

§ 135.243 Pilot in command qualifications. 

(a) No certificate holder may use a 

person, nor may any person serve, as 

pilot in command in passenger-carrying 

operations- 

(1) Of a turbojet airplane, of an 

airplane having a passenger-seat 

configuration, excluding each 

crewmember seat, of 10 seats or more, 

or of a multiengine airplane in a 

commuter operation as defined in part 

110 of this chapter, unless that person 

holds an airline transport pilot 

certificate with appropriate category and 

class ratings and, if required, an 

appropriate type rating for that airplane. 

(2) Of a helicopter in a scheduled 

interstate air transportation operation by 

an air carrier within the 48 contiguous 

states unless that person holds an 

airline transport pilot certificate, 

appropriate type ratings, and an 

instrument rating. 

(3) Of a turbojet-powered poweredlift, of a powered-lift having a 


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passenger-seat configuration, excluding 

each crewmember seat, of 10 seats or 

more, or of a powered-lift in a commuter 

operation as defined in part 110 of this 

chapter, unless that person holds an 

airline transport pilot certificate with 

appropriate category rating, and 

appropriate type rating not limited to 

VFR for that powered-lift. 

(b) Except as provided in paragraph 

(a) of this section, no certificate holder 

may use a person, nor may any person 

serve, as pilot in command of an aircraft 

under VFR unless that person- 

(1) Holds at least a commercial pilot 

certificate with appropriate category and 

class ratings; an appropriate type rating 

for that aircraft, if required; and for a 

powered-lift, a type rating for that 

aircraft not limited to VFR; and 

(2) Has had at least 500 hours’ time as 

a pilot, including at least 100 hours of 

cross-country flight time, at least 25 

hours of which were at night; and 

(3) For an airplane, holds an 

instrument rating or an airline transport 

pilot certificate with an airplane 

category rating; or 

(4) For helicopter operations 

conducted VFR over-the-top, holds a 

helicopter instrument rating, or an 

airline transport pilot certificate with a 

category and class rating for that 

aircraft, not limited to VFR; or 

(5) For a powered-lift, holds an 

instrument-powered-lift rating or an 

airline transport pilot certificate with a 

powered-lift category rating. 

(c) Except as provided in paragraph 

(a) of this section, no certificate holder 

may use a person, nor may any person 

serve, as pilot in command of an aircraft 

under IFR unless that person- 

(1) Holds at least a commercial pilot 

certificate with appropriate category and 

class ratings, and if required, an 

appropriate type rating for that aircraft 

(the type rating for powered-lift may not 

be limited to VFR); and 

(2) Has had at least 1,200 hours of 

flight time as a pilot, including 500 

hours of cross country flight time, 100 

hours of night flight time, and 75 hours 

of actual or simulated instrument time 

at least 50 hours of which were in actual 

flight; and 

(3) For an airplane, holds an 

instrument rating or an airline transport 

pilot certificate with an airplane 

category rating; or 

(4) For a helicopter, holds a helicopter 

instrument rating, or an airline transport 

pilot certificate with a category and 

class rating for that aircraft, not limited 

to VFR; or 

(5) For a powered-lift, holds an 

instrument-powered-lift rating or an 

airline transport pilot certificate with a 

powered-lift category rating. 

* * * * * 

§ 135.244 [Amended] 

■ 48. Amend § 135.244 by removing the 

reference ‘‘part 119’’ in the introductory 

text of paragraph (a) and adding in its 

place the reference ‘‘part 110’’. 

■ 49. Amend § 135.245 by revising the 

introductory text of paragraph (c)(1) to 

read as follows: 

§ 135.245 Second in command 

qualifications. 

* * * * * 

(c) * * * 

(1) Use of an airplane, powered-lift, or 

helicopter for maintaining instrument 

experience. Within the 6 calendar 

months preceding the month of the 

flight, that person performed and logged 

at least the following tasks and 

iterations in-flight in an airplane, 

powered-lift, or helicopter, as 

appropriate, in actual weather 

conditions, or under simulated 

instrument conditions using a viewlimiting device: 

* * * * * 

■ 50. Amend § 135.293 by: 

■ a. Revising paragraphs (a)(9), (b), and 

(c); and 

■ b. Removing and reserving paragraph 

(h). 

The revisions read as follows: 

§ 135.293 Initial and recurrent pilot testing 

requirements. 

(a) * * * 

(9) For rotorcraft and powered-lift 

pilots, procedures for aircraft handling 

in flat-light, whiteout, and brownout 

conditions, including methods for 

recognizing and avoiding those 

conditions. 

(b) No certificate holder may use a 

pilot, nor may any person serve as a 

pilot, in any aircraft unless, since the 

beginning of the 12th calendar month 

before that service, that pilot has passed 

a competency check given by the 

Administrator or an authorized check 

pilot in that class of aircraft, if singleengine airplane other than turbojet, or 

that type of aircraft, if helicopter, 

multiengine airplane, turbojet airplane, 

or powered-lift to determine the pilot’s 

competence in practical skills and 

techniques in that aircraft or class of 

aircraft. The extent of the competency 

check shall be determined by the 

Administrator or authorized check pilot 

conducting the competency check. The 

competency check may include any of 

the maneuvers and procedures currently 

required for the original issuance of the 

particular pilot certificate required for 

the operations authorized and 

appropriate to the category, class and 

type of aircraft involved. For the 

purposes of this paragraph (b), type, as 

to an airplane means any one of a group 

of airplanes determined by the 

Administrator to have a similar means 

of propulsion, the same manufacturer, 

and no significantly different handling 

or flight characteristics. For the 

purposes of this paragraph (b), type, as 

to a helicopter, means a basic make and 

model. 

(c) Each competency check given in a 

rotorcraft or powered-lift must include a 

demonstration of the pilot’s ability to 

maneuver the rotorcraft or powered-lift 

solely by reference to instruments. The 

check must determine the pilot’s ability 

to safely maneuver the rotorcraft or 

powered-lift into visual meteorological 

conditions following an inadvertent 

encounter with instrument 

meteorological conditions. For 

competency checks in non-IFR-certified 

rotorcraft or powered-lift, the pilot must 

perform such maneuvers as are 

appropriate to the rotorcraft’s or 

powered-lift’s installed equipment, the 

certificate holder’s operations 

specifications, and the operating 

environment. 

* * * * * 

■ 51. Amend § 135.297 by revising 

paragraphs (c)(1)(i) and (ii) and (g)(3) to 

read as follows: 

§ 135.297 Pilot in command: Instrument 

proficiency check requirements. 

* * * * * 

(c) * * * 

(1) * * * 

(i) For a pilot in command of an 

aircraft under § 135.243(a), include the 

procedures and maneuvers for an airline 

transport pilot certificate in the 

particular type of aircraft, if appropriate; 

and 

(ii) For a pilot in command of an 

aircraft under § 135.243(c), include the 

procedures and maneuvers for a 

commercial pilot certificate with an 

instrument rating and, if required, for 

the appropriate type rating. 

* * * * * 

(g) * * * 

(3) Each pilot taking the autopilot 

check must show that, while using the 

autopilot: 

(i) The airplane or powered-lift can be 

operated as proficiently as it would be 

if a second in command were present to 

handle air-ground communications and 

air traffic control instructions. The 

autopilot check need only be 

demonstrated once every 12 calendar 

months during the instrument 

proficiency check required under 

paragraph (a) of this section. 


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(ii) On and after July 21, 2025, 

rotorcraft can be operated as proficiently 

as it would be if a second in command 

were present to handle air-ground 

communications and air traffic control 

instructions. The autopilot check need 

only be demonstrated once every 12 

calendar months during the instrument 

proficiency check required under 

paragraph (a) of this section. 

■ 52. Effective July 21, 2025, further 

amend § 135.297 by revising paragraph 

(g)(3) to read as follows: 

§ 135.297 Pilot in command: Instrument 

proficiency check requirements. 

* * * * * 

(g) * * * 

(3) Each pilot taking the autopilot 

check must show that, while using the 

autopilot, the aircraft can be operated as 

proficiently as it would be if a second 

in command were present to handle airground communications and air traffic 

control instructions. The autopilot 

check need only be demonstrated once 

every 12 calendar months during the 

instrument proficiency check required 

under paragraph (a) of this section. 

■ 53. Amend § 135.339 by revising 

paragraphs (e)(3) and (4) to read as 

follows: 

§ 135.339 Initial and transition training and 

checking: Check airmen (aircraft), check 

airmen (simulator). 

* * * * * 

(e) * * * 

(3) Training and practice in 

conducting flight checks from the left 

and right pilot seats, or in the case of 

powered-lift with one pilot seat from 

that seat as well as providing training 

and instruction from an observation 

seat, in the required normal, abnormal, 

and emergency procedures to ensure 

competence to conduct the pilot flight 

checks required by this part; and 

(4) The safety measures to be taken 

from either pilot seat, or in the case of 

powered-lift with one pilot seat from 

that seat as well as providing training 

and instruction from an observation 

seat, for emergency situations that are 

likely to develop during checking. 

* * * * * 

■ 54. Amend § 135.340 by revising 

paragraphs (e)(3) and (4) to read as 

follows: 

§ 135.340 Initial and transition training and 

checking: Flight instructors (aircraft), flight 

instructors (simulator). 

* * * * * 

(e) * * * 

(3) Training and practice from the left 

and right pilot seats, or in the case of 

powered-lift with one pilot seat from 

that seat as well as providing training 

and instruction from an observation 

seat, in the required normal, abnormal, 

and emergency maneuvers to ensure 

competence to conduct the flight 

instruction required by this part; and 

(4) The safety measures to be taken 

from either the left or right pilot seat, or 

in the case of powered-lift with one 

pilot seat from that seat as well as 

providing training and instruction from 

an observation seat, for emergency 

situations that are likely to develop 

during instruction. 

* * * * * 

PART 136—COMMERCIAL AIR TOURS 

AND NATIONAL PARKS AIR TOUR 

MANAGEMENT 

■ 55. The authority citation for part 136 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 40113, 40119, 

44101, 44701–44702, 44705, 44709–44711, 

44713, 44716–44717, 44722, 44901, 44903– 

44904, 44912, 46105. 

■ 56. Amend § 136.1 by adding 

paragraph (f) to read as follows: 

§ 136.1 Applicability and definitions. 

* * * * * 

(f) Additional requirements for 

powered-lift operations are set forth in 

part 194 of this chapter. 

■ 57. Amend § 136.75 by revising 

paragraph (a) introductory text to read 

as follows: 

§ 136.75 Equipment and requirements. 

(a) Flotation equipment. No person 

may conduct an air tour in Hawaii in a 

single-engine rotorcraft beyond the 

shore of any island, regardless of 

whether the rotorcraft is within gliding 

distance of the shore, unless: 

* * * * * 

PART 141—PILOT SCHOOLS 

■ 58. The authority citation for part 141 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 40113, 44701– 

44703, 44707, 44709, 44711, 45102–45103, 

45301–45302. 

■ 59. Revise § 141.1 to read as follows: 

§ 141.1 Applicability. 

This part prescribes the requirements 

for issuing pilot school certificates, 

provisional pilot school certificates, and 

associated ratings, and the general 

operating rules applicable to a holder of 

a certificate or rating issued under this 

part. Additional requirements for pilot 

schools seeking to provide training 

courses for powered-lift certification 

and ratings are set forth in part 194 of 

this chapter. 

■ 60. Amend § 141.37 by revising 

paragraph (a)(3)(ii) to read as follows: 

§ 141.37 Check Instructor Qualifications. 

* * * * * 

(a) * * * 

(3) * * * 

(ii) Except for a course of training for 

a lighter-than-air rating, hold either a 

current flight instructor certificate with 

the appropriate category and class of 

aircraft, or ground instructor certificate 

with appropriate ratings, to be used in 

the course of training; and 

* * * * * 

PART 142—TRAINING CENTERS 

■ 61. The authority citation for part 142 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40113, 

40119, 44101, 44701–44703, 44705, 44707, 

44709–44711, 45102–45103, 45301–45302. 

■ 62. Amend § 142.1 by adding 

paragraph (d) to read as follows: 

§ 142.1 Applicability. 

* * * * * 

(d) Additional requirements for 

training centers seeking to provide 

curriculums for powered-lift 

certification and ratings are set forth in 

part 194 of this chapter. 

■ 63. Amend § 142.11 by revising 

paragraph (d)(2)(iii) to read as follows: 

§ 142.11 Application for issuance or 

amendment. 

* * * * * 

(d) * * * 

(2) * * * 

(iii) For each flight simulator or flight 

training device, the make model, and 

series of aircraft or the set of aircraft 

being simulated and the qualification 

level assigned; 

* * * * * 

■ 64. Amend § 142.47 by revising 

paragraphs (a)(5) and (c)(2)(ii) to read as 

follows: 

§ 142.47 Training center instructor 

eligibility requirements. 

(a) * * * 

(5) Meets at least one of the 

requirements in paragraphs (a)(5)(i) 

through (iv) of this section: 

(i) Except as allowed by paragraph 

(a)(5)(ii) of this section, meets the 

aeronautical experience requirements of 

§ 61.129(a), (b), (c), or (e) of this chapter, 

as applicable, excluding the required 

hours of instruction in preparation for 

the commercial pilot practical test, or 

holds a commercial pilot certificate with 

the appropriate ratings; 

(ii) Meets the aeronautical experience 

requirements of § 61.159, § 61.161, or 

§ 61.163 of this chapter, as applicable, 

or holds an unrestricted airline 

transport pilot certificate with the 

appropriate ratings, if instructing: 


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(A) In a flight simulation training 

device that represents an airplane or 

rotorcraft requiring a type rating, a 

powered-lift over 12,500 pounds, or a 

turbojet powered powered-lift, except as 

provided in paragraph (a)(5)(iv) of this 

section, or 

(B) In a curriculum leading to the 

issuance of an airline transport pilot 

certificate or an added rating to an 

airline transport pilot certificate. 

(iii) Is employed as a flight simulator 

instructor or a flight training device 

instructor for a training center providing 

instruction and testing to meet the 

requirements of part 61 of this chapter 

on August 1, 1996. 

(iv) A person employed as an 

instructor and providing training in an 

FSTD that represents a rotorcraft 

requiring a type rating is not required to 

meet the aeronautical experience 

requirements of paragraph (a)(5)(ii) of 

this section and may instead meet the 

experience requirements of paragraph 

(a)(i) of this section if: 

(A) The person meets the experience 

requirements of paragraph (a)(5)(i) of 

this section; 

(B) The person is not providing 

training in a curriculum leading to the 

issuance of an airline transport pilot 

certificate or an added rating to an 

airline transport pilot certificate, and 

(C) The person was employed and met 

the remaining requirements of this 

section on March 21, 2025. 

* * * * * 

(c) * * * 

(2) * * * 

(ii) That is accepted by the 

Administrator as being of equivalent 

difficulty, complexity, and scope as the 

tests provided by the Administrator for 

the applicable flight instructor and 

instrument flight instructor knowledge 

tests to the aircraft category in which 

they are instructing. 

§ 142.53 [Amended] 

■ 65. Amend § 142.53 in paragraphs 

(b)(2)(i) and (b)(3)(i) by removing the 

word ‘‘airplane’’ and adding in its place 

the word ‘‘aircraft’’. 

§ 142.57 [Amended] 

■ 66. Amend § 142.57(c) by removing 

the word ‘‘Airplanes’’ and adding in its 

place the word ‘‘Aircraft’’. 

■ 67. Under the authority of 49 U.S.C. 

106(f), add subchapter L, consisting of 

part 194, to read as follows: 

SUBCHAPTER L—OTHER SPECIAL 

FEDERAL AVIATION REGULATIONS 

PART 194—SPECIAL FEDERAL 

AVIATION REGULATION NO. 120— 

POWERED-LIFT: PILOT 

CERTIFICATION AND TRAINING; 

OPERATIONS REQUIREMENTS 

Sec. 

Subpart A—General 

194.101 Applicability. 

194.103 Definitions. 

194.105 Qualification of powered-Lift 

FSTDs. 

194.107 Expiration. 

194.109 Incorporation by reference. 

Subpart B—Certification, Training, and 

Qualification Requirements for Pilots and 

Flight Instructors 

194.201 Alternate definition of crosscountry time. 

194.203 Alternate qualification 

requirements for certain flight 

instructors. 

194.205 Limitations on flight training 

privileges for holders of airline transport 

pilot certificates under a part 135 of this 

chapter approved training program. 

194.207 Alternate requirement for practical 

tests and training in a powered-lift. 

194.209 Additional qualification 

requirements for certain pilots serving as 

second-in-command. 

194.211 Alternate eligibility requirements 

for a person seeking a powered-lift type 

rating. 

194.213 Alternate endorsement 

requirements for certain persons seeking 

a powered-lift rating. 

194.215 Applicability of alternate 

aeronautical experience and logging 

requirements for commercial pilot 

certification and a powered-lift 

instrument rating. 

194.216 Alternate aeronautical experience: 

Pilot-in-command flight time in a 

powered-lift for a commercial pilot 

certificate with a powered-lift category 

rating 

194.217 Test pilots, FAA test pilots, or 

aviation safety inspectors: Alternate 

aeronautical experience and logging 

requirements for a commercial pilot 

certificate with a powered-lift category 

rating. 

194.219 Instructor pilots: Alternate 

aeronautical experience and logging 

requirements for a commercial pilot 

certificate with a powered-lift category 

rating. 

194.221 Initial cadre of instructors: 

Alternate aeronautical experience and 

logging requirements for a commercial 

pilot certificate with a powered-lift 

category rating. 

194.223 Pilots receiving training under an 

approved training program: Alternate 

requirements for a commercial pilot 

certificate with a powered-lift category 

rating. 

194.225 Test pilots, FAA test pilots, or 

aviation safety inspectors: Alternate 

aeronautical experience and logging 

requirements for an instrument-poweredlift rating. 

194.227 Instructor pilots: Alternate 

aeronautical experience and logging 

requirements for an instrument-poweredlift rating. 

194.229 Initial cadre of instructors: 

Alternate aeronautical experience and 

logging requirements for an instrumentpowered-lift rating. 

194.231 Pilots receiving training under an 

approved training program: Alternate 

requirements for an instrument-poweredlift rating. 

194.233 Alternate means to satisfy the 

cross-country aeronautical experience 

requirements for a commercial pilot 

certificate with a powered-lift category 

rating. 

194.235 Alternate means to satisfy the 

cross-country aeronautical experience 

requirements for an instrument-poweredlift rating. 

194.237 Alternate means to satisfy the 

cross-country aeronautical experience 

requirements for a private pilot 

certificate with a powered-lift category 

rating. 

194.239 Alternate means to satisfy 

minimum curriculum content in certain 

appendices to part 141 of this chapter. 

194.241 Alternate qualification 

requirements for chief instructors, 

assistant chief instructors, and check 

instructors. 

194.243 Pilot certification through 

completion of training, testing, and 

checking under part 135 of this chapter. 

194.245 Pilot qualification and program 

management requirements to operate 

powered-lift under subpart K to part 91 

of this chapter. 

194.247 Pilot qualification requirements to 

operate powered-lift under part 135 of 

this chapter. 

194.249 References to class in parts 135, 

141, and 142 of this chapter. 

194.251 Alternate means to satisfy 

minimum curriculum content in training 

courses under part 142 of this chapter. 

194.253 Alternate requirements for 

powered-lift without fully functional 

dual controls used in flight training. 

194.255 Alternate requirements for 

powered-lift without fully functioning 

dual controls used in supervised 

operating experience when adding a type 

rating. 

Subpart C—Requirements for Persons 

Operating Powered-Lift 

194.301 Applicability. 

194.302 Provisions under part 91 of this 

chapter applicable to powered-lift. 

194.303 IFR takeoff, approach, and landing 

minimums. 

194.304 ATC transponder and altitude 

reporting equipment and use. 

194.305 Applicability of copter procedures 

under part 97 of this chapter to poweredlift. 

194.306 Provisions under part 135 of this 

chapter applicable to powered-lift. 

194.307 Applicability of rules for eligible 

on-demand operations. 


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194.308 Applicability of national air tour 

safety standards under part 136 of this 

chapter to powered-lift. 

194.309 Applicability of flight instruction; 

Simulated instrument flight. 

194.310 Powered-lift in vertical-lift flight 

mode, flight recorder specifications 

under part 91 of this chapter. 

194.311 Powered-lift in wing-borne flight 

mode, flight recorder specifications 

under part 91 of this chapter. 

194.312 Powered-lift in vertical-lift flight 

mode, flight recorder specifications 

under part 135 of this chapter. 

194.313 Powered-lift in wing-borne flight 

mode, flight recorder specification under 

part 135 of this chapter. 

Subpart D—Maintenance, Preventive 

Maintenance, Rebuilding, and Alteration 

Requirements for Powered-Lift Under Part 

43 of This Chapter 

194.401 Applicability. 

194.402 Maintenance provisions. 

Appendix A to Part 194. Minimum 

requirements for a pilot training program 

in a powered-lift originally type 

certificated or seeking type certification 

with one set of controls and a single pilot 

station. 

Authority: 42 U.S.C. 7572; 49 U.S.C. 

106(f), 40113, 44701–44705, 44707, 44712, 

44713, 44715, 44716, and 44722; Sec. 955 of 

Pub. L. 118–63. 

Subpart A—General 

§ 194.101 Applicability. 

(a) The Special Federal Aviation 

Regulation (SFAR) in this part 

prescribes: 

(1) Certain requirements that may be 

satisfied in lieu of the requirements of 

part 61 of this chapter for persons 

seeking a powered-lift pilot certificate 

and rating, the conditions under which 

those certificates and ratings are 

necessary, and the privileges and 

limitations of those certificates and 

ratings; 

(2) The general operating rules 

applicable to all persons operating 

powered-lift, including those an 

operator must meet to conduct poweredlift operations under parts 91, 135, and 

136 of this chapter; 

(3) The requirements for persons 

conducting training, testing, and 

checking utilizing a powered-lift or 

flight simulation training device (FSTD) 

representing a powered-lift under parts 

135, 141, and 142 of this chapter; and 

(4) The requirements for persons 

conducting maintenance, preventative 

maintenance, rebuilds, alterations, or 

inspections on powered-lift pursuant to 

part 43 of this chapter. 

(b) In addition to the requirements in 

this part, the following parts continue to 

apply to those persons described in 

paragraph (a) of this section unless 

otherwise specified in this part: parts 

43, 60, 61, 91, 97, 135, 136, 141, and 142 

of this chapter. 

§ 194.103 Definitions. 

For the purpose of this part: 

Aviation Safety Inspector means a 

pilot employed by the FAA to conduct 

operations of a powered-lift for the 

purpose of establishing a type rating in 

that particular powered-lift under part 

21 of this chapter, as appropriate. 

Extended over-water operation means 

a powered-lift operation over water at a 

horizontal distance of more than 50 

nautical miles from the nearest 

shoreline and more than 50 nautical 

miles from an off-shore heliport 

structure under part 91 or 135 of this 

chapter. 

FAA test pilot means a pilot employed 

by the FAA to conduct operations of a 

powered-lift for the purpose of FAA 

examination or inspection of a type 

design for which an application for type 

certification has been submitted under 

part 21 of this chapter. 

Heliport means an area of land, water, 

or structure used or intended to be used 

for the landing and takeoff of 

helicopters and powered-lift. 

Instructor pilot means a pilot 

employed or used by a manufacturer of 

a powered-lift to conduct operations of 

the powered-lift for the purpose of 

developing a proposed training 

curriculum and providing crew training. 

Manufacturer means any person who 

holds, or is an applicant for, a type or 

production certificate for an aircraft. An 

amateur builder under § 21.191(g) of 

this chapter, builder of a kit aircraft 

under § 21.191(h) of this chapter, or the 

holder of a restricted category type 

certificate are not considered 

manufacturers for the purpose of this 

part. 

Test pilot means a pilot employed or 

used by a manufacturer of a powered-lift 

to conduct operations of the poweredlift for the purpose of research and 

development and showing compliance 

with this chapter. 

Vertical-lift flight mode means a mode 

of flight where a powered-lift: 

(1) Is in a configuration that allows 

vertical takeoff, vertical landing, and 

low-speed flight; and 

(2) Depends principally on enginedriven lift devices or engine thrust for 

lift. 

Wing-borne flight mode means a mode 

of flight where a powered-lift is not 

operating in the vertical-lift flight mode 

as defined and depends exclusively or 

partially on nonrotating airfoil(s) for lift 

during takeoff, landing, or horizontal 

flight. 

§ 194.105 Qualification of powered-lift 

FSTDs. 

(a) For flight simulation training 

devices (FSTDs) representing poweredlift for which qualification standards 

have not been issued under part 60 of 

this chapter, the applicable 

requirements will be the portions of the 

flight simulation training device 

qualification performance standards 

contained in appendices A through D to 

part 60 of this chapter that are found by 

the Administrator to be appropriate for 

the powered-lift and applicable to a 

specific type design, or such FSTD 

qualification criteria as the 

Administrator may find provide an 

equivalent level of safety to those FSTD 

qualification standards. 

(b) Proposed qualification 

performance standards as set forth by 

paragraph (a) of this section will be 

published in the Federal Register for 

comment, except when the FAA 

considers public notice to be 

unnecessary because previous 

opportunities to comment on 

substantially identical proposed 

qualification performance standards 

have been provided. In these instances, 

FAA will provide personal notice and 

opportunity for comment. 

§ 194.107 Expiration. 

This part, consisting of Special 

Federal Aviation Regulation (SFAR) No. 

120, will remain in effect until January 

21, 2035. 

§ 194.109 Incorporation by reference. 

Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. All approved incorporation 

by reference (IBR) material is available 

for inspection at the FAA and at the 

National Archives and Records 

Administration (NARA). Contact the 

FAA’s Office of Rulemaking, 800 

Independence Avenue SW, Washington, 

DC 20590; phone: (202) 267–9677. For 

information on the availability of this 

material at NARA, visit 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html or email 

fr.inspection@nara.gov. The material 

may be obtained from the sources in the 

following paragraphs: 

(a) RTCA, Inc., 1150 18th St. NW, 

Suite 910, Washington, DC 20036; 

phone: (202) 833–9339; website: 

www.rtca.org/products. 

(1) Section 2 of RTCA DO–309, 

Minimum Operational Performance 

Standards (MOPS) for Helicopter 

Terrain Awareness and Warning System 

(HTAWS) Airborne Equipment (Mar. 13, 

2008); into §§ 194.302; 194.306. 


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(2) [Reserved] 

(b) U.S. Department of Transportation, 

Subsequent Distribution Office, DOT 

Warehouse M30, Ardmore East Business 

Center, 3341 Q 75th Avenue, Landover, 

MD 20785; phone (301) 322–5377; 

website: www.faa.gov/aircraft/air_cert/ 

design_approvals/tso/ (select the link 

‘‘Search Technical Standard Orders’’). 

(1) TSO–C194, Technical Standard 

Order: Helicopter Terrain Awareness 

and Warning System, effective Dec. 17, 

2008; into §§ 194.302; 194.306. 

(2) [Reserved] 

Subpart B—Certification, Training, and 

Qualification Requirements for Pilots 

and Flight Instructors 

§ 194.201 Alternate definition of crosscountry time. 

Notwithstanding the cross-country 

time definitions in § 61.1(b) of this 

chapter, a person may log flight time in 

a powered-lift as cross-country time 

provided the time was acquired during 

a flight— 

(a) That includes a point of landing 

that was at least a straight-line distance 

of more than 25 nautical miles from the 

original point of departure; and 

(b) That involves the use of dead 

reckoning, pilotage, electronic 

navigation aids, radio aids, or other 

navigation systems to navigate to the 

landing point. 

§ 194.203 Alternate qualification 

requirements for certain flight instructors. 

(a) Instructor pilots at a manufacturer. 

In addition to the provisions specified 

in § 61.3(d)(3) of this chapter, a flight 

instructor certificate issued under part 

61 of this chapter is not necessary to 

conduct flight training if the training is 

given by an instructor pilot in a 

powered-lift at the manufacturer, 

provided the training is conducted in 

accordance with the manufacturer’s 

training curriculum and is given to 

either— 

(1) A test pilot; 

(2) A person authorized by the 

Administrator to serve as an initial 

check pilot, chief instructor, assistant 

chief instructor, or training center 

evaluator for the purpose of initiating 

training in a powered-lift under an 

approved training program under part 

135, 141, or 142 of this chapter, as 

appropriate; or 

(3) An FAA test pilot or aviation 

safety inspector. 

(b) Flight instructors under part 135 of 

this chapter. Notwithstanding the 

requirement in § 61.3(d)(3)(ii) of this 

chapter, a person must hold a flight 

instructor certificate with the 

appropriate powered-lift ratings to 

conduct training in accordance with a 

training curriculum approved to meet 

the requirements of § 194.243(a)(1). 

§ 194.205 Limitations on flight training 

privileges for holders of airline transport 

pilot certificates under a part 135 of this 

chapter approved training program. 

Notwithstanding the privileges in 

§ 61.167(a)(2) of this chapter, a person 

who holds an airline transport pilot 

certificate with powered-lift ratings 

must hold a flight instructor certificate 

with the appropriate powered-lift 

ratings to instruct pilots in accordance 

with a training curriculum approved to 

meet the requirements of 

§ 194.243(a)(1). 

§ 194.207 Alternate requirement for 

practical tests and training in a powered-lift. 

(a) Required equipment for the 

practical test. Notwithstanding the 

equipment requirement in 

§ 61.45(b)(1)(ii) of this chapter and the 

limitation specified in § 61.45(b)(2) of 

this chapter, an applicant for a 

certificate or rating may use a poweredlift that is precluded from performing all 

of the tasks required for the practical 

test without receiving a limitation on 

the applicant’s certificate or rating, as 

appropriate. 

(b) Waiver authority for a practical 

test conducted in a powered-lift. An 

Examiner who conducts a practical test 

in a powered-lift may waive any task for 

which the FAA has provided waiver 

authority. 

(c) Flight training on waived tasks. 

Notwithstanding the requirements in 

§§ 61.107(a) and 61.127(a) of this 

chapter for training to include the areas 

of operation listed in § 61.107(b)(5) or 

§ 61.127(b)(5) of this chapter, as 

applicable, an applicant seeking a 

private pilot certificate or commercial 

pilot certificate with a powered-lift 

category rating concurrently with a 

powered-lift type rating is not required 

to receive and log flight training on a 

task specified in an area of operation if 

the powered-lift is not capable of 

performing the task, provided the FAA 

has issued waiver authority for that task 

in accordance with paragraph (b) of this 

section. 

§ 194.209 Additional qualification 

requirements for certain pilots serving as 

second-in-command. 

(a) A person who obtains at least a 

private pilot certificate with a poweredlift category rating by satisfactorily 

completing the practical test in a 

powered-lift that is precluded from 

performing each task required by 

§ 61.43(a)(1) of this chapter may not 

serve as second-in-command of a 

powered-lift that is capable of 

performing the tasks that were waived 

on the person’s practical test until the 

person has— 

(1) Received and logged ground and 

flight training from an authorized 

instructor on the specific tasks that were 

waived on the person’s practical test; 

and 

(2) Received a logbook or training 

record endorsement from an authorized 

instructor certifying the person has 

satisfactorily demonstrated proficiency 

of those tasks. 

(b) The training and endorsement 

required by paragraph (a) of this section 

are not required if, prior to serving as 

second-in-command, a person meets 

one of the following requirements— 

(1) Successfully completes the 

practical test for a powered-lift type 

rating, and the practical test includes 

each task required by § 61.43(a)(1) of 

this chapter; or 

(2) Has received ground and flight 

training under an approved training 

program and has satisfactorily 

completed a competency check under 

§ 135.293 or § 91.1065 of this chapter in 

a powered-lift, and the approved 

training and checking include each task 

that was previously waived in 

accordance with § 194.207(b). 

(c) An applicant receiving flight 

training under § 194.221, § 194.223, 

§ 194.229, or § 194.231 may serve as 

second-in-command in a powered-lift 

type certificated for more than one 

required pilot flight crewmember 

without meeting the requirements of 

§ 61.55(a)(1), (a)(2), and (b)(2) of this 

chapter. 

§ 194.211 Alternate eligibility requirements 

for a person seeking a powered-lift type 

rating. 

(a) General applicability. The 

requirements specified in paragraphs (b) 

and (c) of this section apply only to 

persons seeking a type rating in a 

powered-lift that is capable of 

performing instrument maneuvers and 

procedures. 

(b) Obtaining an initial powered-lift 

type rating without concurrently 

obtaining the instrument-powered-lift 

rating. (1) Notwithstanding the 

requirement to hold or concurrently 

obtain an appropriate instrument rating 

in § 61.63(d)(1) of this chapter, a person 

who applies for an initial powered-lift 

type rating to be completed 

concurrently with a powered-lift 

category rating may apply for the type 

rating without holding or concurrently 

obtaining a powered-lift instrument 

rating, but the type rating will be 

limited to ‘‘visual flight rules (VFR) 

only.’’ 


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(2) Notwithstanding the requirement 

in § 61.63(d)(4) of this chapter, a person 

who applies for a powered-lift type 

rating pursuant to paragraph (b)(1) of 

this section is not required to perform 

the type rating practical test in actual or 

simulated instrument conditions. 

(3) Except as specified in paragraph 

(b)(6) of this section, a person who 

obtains a powered-lift type rating with 

a ‘‘VFR only’’ limitation pursuant to 

paragraph (b)(1) of this section must 

remove the limitation in accordance 

with paragraph (b)(4) of this section 

within 2 calendar months from the 

month in which the person passes the 

type rating practical test. 

(4) The ‘‘VFR only’’ limitation may be 

removed after the person— 

(i) Passes an instrument rating 

practical test in a powered-lift in actual 

or simulated instrument conditions; and 

(ii) Passes a practical test in the 

powered-lift type for which the ‘‘VFR 

only’’ limitation applies on the 

appropriate areas of operation listed in 

§ 61.157(e)(3) of this chapter that consist 

of performing instrument maneuvers 

and procedures in actual or simulated 

instrument conditions. 

(5) Except as specified in paragraph 

(b)(6) of this section, if a person who 

obtains a powered-lift type rating with 

a ‘‘VFR only’’ limitation pursuant to 

paragraph (b)(1) of this section does not 

remove the limitation within 2 calendar 

months from the month in which the 

person completed the type rating 

practical test, the powered-lift type 

rating for which the ‘‘VFR only’’ 

limitation applies will become invalid 

for use until the person removes the 

limitation in accordance with paragraph 

(b)(4) of this section. 

(6) A person holding a private pilot 

certificate is not required to remove the 

‘‘VFR only’’ limitation if the limitation 

applies to a powered-lift type that is not 

a large aircraft or turbojet-powered. 

(c) Obtaining an additional poweredlift type rating with a ‘‘VFR Only’’ 

limitation. (1) Notwithstanding the 

requirement to hold or concurrently 

obtain an appropriate instrument rating 

in § 61.63(d)(1) of this chapter, a person 

holding a private pilot certificate may 

apply for a powered-lift type rating for 

a powered-lift that is not a large aircraft 

or turbojet-powered without holding or 

concurrently obtaining a powered-lift 

instrument rating, but the type rating 

will be limited to ‘‘VFR only.’’ 

(2) Notwithstanding the requirement 

in § 61.63(d)(4) of this chapter, a person 

who applies for a powered-lift type 

rating pursuant to paragraph (c)(1) of 

this section is not required to perform 

the type rating practical test in actual or 

simulated instrument conditions. 

(3) A person who obtains a poweredlift type rating with a ‘‘VFR only’’ 

limitation pursuant to paragraph (c)(1) 

of this section may remove the ‘‘VFR 

only’’ limitation for that powered-lift 

type as specified in paragraph (b)(4) of 

this section. 

(d) Concurrent practical tests for 

removal of ‘‘VFR only’’ limitation. If a 

task required for the practical test 

specified in paragraph (b)(4)(i) of this 

section overlaps with a task required for 

the practical test specified in paragraph 

(b)(4)(ii) of this section, a person may 

perform the task a single time provided 

the task is performed to the highest 

standard required for the task. 

§ 194.213 Alternate endorsement 

requirements for certain persons seeking a 

powered-lift rating. 

(a) Notwithstanding the requirements 

in part 61 of this chapter for an 

authorized instructor to provide 

endorsements for certificates and 

ratings, including endorsements for solo 

flight, the following persons may 

provide the required logbook or training 

record endorsements under part 61 of 

this chapter and this part for a 

commercial pilot certificate with a 

powered-lift category rating, an 

instrument-powered-lift rating, a 

powered-lift type rating, or a flight 

instructor certificate with powered-lift 

ratings— 

(1) An instructor pilot, provided the 

applicant is either— 

(i) A test pilot or instructor pilot for 

the manufacturer seeking type 

certification of an experimental 

powered-lift; 

(ii) A person authorized by the 

Administrator to serve as an initial 

check pilot, chief instructor, assistant 

chief instructor, or training center 

evaluator for the purpose of initiating 

training in a powered-lift under an 

approved training program under part 

135, 141, or 142 of this chapter, as 

appropriate; or 

(iii) An FAA test pilot or aviation 

safety inspector; or 

(2) A management official within the 

manufacturer’s organization, provided 

the applicant is an instructor pilot for 

the manufacturer of an experimental 

powered-lift. 

(b) The endorsements for training 

time under this section must include a 

description of the training given, length 

of training lesson, and the endorsement 

provider’s signature and identifying 

information, including certificate 

number and expiration date, if 

applicable. 

§ 194.215 Applicability of alternate 

aeronautical experience and logging 

requirements for commercial pilot 

certification and a powered-lift instrument 

rating. 

(a) The alternate requirements set 

forth in §§ 194.216 through 194.231 

apply only to persons who hold at least 

a commercial pilot certificate with the 

following ratings: 

(1) An airplane category rating with a 

single-engine or multi-engine class 

rating and an instrument-airplane 

rating; or 

(2) A rotorcraft category rating with a 

helicopter class rating and an 

instrument-helicopter rating. 

(b) If no alternate aeronautical 

experience or logging requirement is 

provided under this part, the person 

must meet the applicable requirements 

under part 61 of this chapter, as 

appropriate. 

§ 194.216 Alternate aeronautical 

experience: Pilot-in-command flight time in 

a powered-lift for a commercial pilot 

certificate with a powered-lift category 

rating. 

(a) Pilot-in-command flight time in a 

powered-lift. Notwithstanding the 

eligibility requirement specified in 

§ 61.123(f) of this chapter, an applicant 

for a commercial pilot certificate with a 

powered-lift category rating under 

§ 194.217, § 194.219, § 194.221, or 

§ 194.223 may log 35 hours of pilot-incommand flight time in a powered-lift 

in lieu of the aeronautical experience 

requirement of § 61.129(e)(2)(i) of this 

chapter. 

(b) Use of full flight simulators. In 

addition to the permitted credit for use 

of a full flight simulator in § 61.129(i) of 

this chapter, an applicant for a 

commercial pilot certificate with a 

powered-lift category rating may credit 

a maximum of 15 hours toward the 35 

hours of pilot-in-command flight time 

requirement in paragraph (a) of this 

section, provided— 

(1) The aeronautical experience was 

obtained performing the duties of pilotin-command in a Level C or higher full 

flight simulator that represents the 

powered-lift category; and 

(2) The full flight simulator sessions 

are conducted in accordance with: 

(i) For test pilots, instructor pilots, 

FAA test pilots, or FAA aviation safety 

inspectors under § 194.217 or § 194.219, 

as applicable, the manufacturer’s 

proposed training curriculum; 

(ii) For the initial cadre of instructors 

under § 194.221, the manufacturer’s 

training curriculum; or 

(iii) For pilots under § 194.223, an 

approved training program under part 

135, 141, or 142 of this chapter. 


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§ 194.217 Test pilots, FAA test pilots, or 

aviation safety inspectors: Alternate 

aeronautical experience and logging 

requirements for a commercial pilot 

certificate with a powered-lift category 

rating. 

(a) General applicability. An applicant 

for a commercial pilot certificate with a 

powered-lift category rating who is a 

test pilot for the manufacturer of an 

experimental powered-lift, an FAA test 

pilot, or an aviation safety inspector 

may satisfy the alternate aeronautical 

experience and logging requirements set 

forth in paragraphs (b) and (c) of this 

section, provided— 

(1) The flights are conducted in an 

experimental powered-lift at the 

manufacturer; 

(2) The applicant is authorized by the 

Administrator to act as pilot in 

command of the experimental poweredlift. 

(b) Alternate aeronautical experience 

requirements. Notwithstanding the 

eligibility requirement specified in 

§ 61.123(f) of this chapter, a test pilot, 

FAA test pilot, or aviation safety 

inspector may meet the requirements in 

paragraphs (b)(1) through (4) of this 

section in lieu of the aeronautical 

experience requirements of 

§ 61.129(e)(3) and (4) of this chapter. 

(1) A test pilot, FAA test pilot, or 

aviation safety inspector may receive 20 

hours of flight training on the areas of 

operation listed in § 61.127(b)(5) of this 

chapter from an instructor pilot for the 

manufacturer of an experimental 

powered-lift in lieu of an authorized 

instructor, provided— 

(i) The training is conducted in 

accordance with the manufacturer’s 

proposed training curriculum in the 

experimental powered-lift; and 

(ii) The test pilot, FAA test pilot, or 

aviation safety inspector receives a 

logbook or training record endorsement 

from the instructor pilot certifying that 

the test pilot satisfactorily completed 

the training curriculum specified in 

paragraph (b)(1)(i) of this section. 

(2) A test pilot, FAA test pilot, or 

aviation safety inspector may 

accomplish the practical test 

preparation requirements in 

§ 61.129(e)(3)(iv) of this chapter with a 

pilot who serves as an instructor pilot 

for the manufacturer of the experimental 

powered-lift. 

(3) A test pilot, FAA test pilot, or 

aviation safety inspector may satisfy the 

aeronautical experience requirement in 

§ 61.129(e)(4) of this chapter by logging 

at least 10 hours of solo flight time 

under an endorsement from an 

instructor pilot or performing the duties 

of pilot-in-command in an experimental 

powered-lift with one of the following 

individuals onboard (which may be 

credited towards the flight time 

requirement in §§ 61.129(e)(2), and 

(e)(2)(ii) of this chapter and 

194.216(a))— 

(i) A test pilot for the manufacturer of 

the powered-lift who is authorized by 

the Administrator to act as pilot-incommand of the experimental poweredlift; or 

(ii) An instructor pilot for the 

manufacturer of the powered-lift who is 

authorized by the Administrator to act 

as pilot-in-command of the 

experimental powered-lift. 

(4) A test pilot, FAA test pilot, or 

aviation safety inspector may satisfy the 

alternate requirements in § 194.233 in 

lieu of the cross-country aeronautical 

experience requirements specified in 

§ 61.129(e)(3)(ii) and (iii) and (e)(4)(i) of 

this chapter. 

(c) Alternate logging requirement. 

Notwithstanding the logging 

requirements in § 61.51(e)(1) of this 

chapter, an applicant for a commercial 

pilot certificate with a powered-lift 

category rating may log pilot-incommand flight time for the purpose of 

satisfying the aeronautical experience 

requirements in §§ 61.129(e)(2)(ii) and 

194.216(a) of this chapter for flights 

when the pilot is the sole manipulator 

of the controls of an experimental 

powered-lift for which the pilot is not 

rated, provided— 

(1) The test pilot, FAA test pilot, or 

aviation safety inspector is acting as 

pilot-in-command of the experimental 

powered-lift in accordance with a letter 

of authorization issued by the 

Administrator; and 

(2) The flight is conducted for the 

purpose of research and development or 

showing compliance with the 

regulations in this chapter in 

accordance with the experimental 

certificate issued to the powered-lift 

pursuant to § 21.191 of this chapter. 

§ 194.219 Instructor pilots: Alternate 

aeronautical experience and logging 

requirements for a commercial pilot 

certificate with a powered-lift category 

rating. 

(a) General applicability. An applicant 

for a commercial pilot certificate with a 

powered-lift category rating who is an 

instructor pilot for the manufacturer of 

an experimental powered-lift may 

satisfy the alternate aeronautical 

experience and logging requirements set 

forth in paragraphs (b) and (c) of this 

section, provided— 

(1) The flights are conducted in an 

experimental powered-lift at the 

manufacturer; and 

(2) The applicant is authorized by the 

Administrator to act as pilot-incommand of the experimental poweredlift. 

(b) Alternate aeronautical experience 

requirements. Notwithstanding the 

eligibility requirement specified in 

§ 61.123(f) of this chapter, an instructor 

pilot may meet the requirements in 

paragraphs (b)(1) through (4) of this 

section in lieu of the aeronautical 

experience requirements of 

§ 61.129(e)(3) and (4) of this chapter. 

(1) An instructor pilot may meet the 

requirements of paragraphs (b)(1)(i) and 

(ii) of this section in lieu of the 20 hours 

of training with an authorized instructor 

required by § 61.129(e)(3) of this 

chapter. 

(i) The instructor pilot provided the 

manufacturer’s proposed training 

curriculum to a test pilot, FAA test 

pilot, or aviation safety inspector in the 

experimental powered-lift, which 

includes 20 hours of training on the 

areas of operation listed in 

§ 61.127(b)(5) of this chapter; and 

(ii) The instructor pilot receives a 

logbook or training record endorsement 

from a management official within the 

manufacturer’s organization certifying 

that the instructor pilot provided the 

training specified in paragraph (b)(1)(i) 

of this section. 

(2) An instructor pilot may 

accomplish the practical test 

preparation requirements in 

§ 61.129(e)(3)(iv) of this chapter with a 

pilot who serves as an instructor pilot 

for the manufacturer of the experimental 

powered-lift. 

(3) An instructor pilot may satisfy the 

aeronautical experience requirement in 

§ 61.129(e)(4) of this chapter by logging 

at least 10 hours of solo flight time 

under an endorsement from another 

instructor pilot or performing the duties 

of pilot-in-command in an experimental 

powered-lift with one of the following 

individuals onboard (which may be 

credited towards the flight time 

requirement in §§ 61.129(e)(2), and 

(e)(2)(ii) of this chapter and 

194.216(a))— 

(i) A test pilot for the manufacturer of 

the powered-lift who is authorized by 

the Administrator to act as pilot-incommand of the experimental poweredlift; 

(ii) Another instructor pilot for the 

manufacturer of the powered-lift who is 

authorized by the Administrator to act 

as pilot-in-command of the 

experimental powered-lift; or 

(iii) An FAA test pilot or aviation 

safety inspector. 

(4) An instructor pilot may satisfy the 

alternate requirements in § 194.233 in 

lieu of the cross-country aeronautical 

experience requirements specified in 


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§ 61.129(e)(3)(ii) and (iii) and (e)(4)(i) of 

this chapter. 

(c) Alternate logging requirement. 

Notwithstanding the logging 

requirements in § 61.51(e)(3) of this 

chapter, an applicant for a commercial 

pilot certificate with a powered-lift 

category rating may log pilot-incommand flight time for the purpose of 

satisfying the aeronautical experience 

requirements in §§ 61.129(e)(2)(ii) of 

this chapter and 194.216(a) for flights 

when the pilot is serving as an 

instructor pilot for the manufacturer of 

an experimental powered-lift for which 

the pilot is not rated, provided— 

(1) The pilot is acting as pilot-incommand of the experimental poweredlift in accordance with a letter of 

authorization issued by the 

Administrator; and 

(2) The flight is conducted for the 

purpose of crew training in accordance 

with the experimental certificate issued 

to the powered-lift pursuant to § 21.191 

of this chapter. 

§ 194.221 Initial cadre of instructors: 

Alternate aeronautical experience and 

logging requirements for a commercial pilot 

certificate with a powered-lift category 

rating. 

(a) General applicability. An applicant 

for a commercial pilot certificate with a 

powered-lift category rating may satisfy 

the alternate aeronautical experience 

and logging requirements set forth in 

paragraphs (b) and (c) of this section, 

provided— 

(1) The applicant is authorized by the 

Administrator to serve as an initial 

check pilot, chief instructor, assistant 

chief instructor, or training center 

evaluator for the purpose of initiating 

training in a powered-lift under an 

approved training program under part 

135, 141, or 142 of this chapter, as 

appropriate; and 

(2) The flights are conducted in typecertificated powered-lift at the 

manufacturer. 

(b) Alternate aeronautical experience 

requirements. Notwithstanding the 

eligibility requirement specified in 

§ 61.123(f) of this chapter, an applicant 

may meet the requirements in 

paragraphs (b)(1) through (4) of this 

section in lieu of the aeronautical 

experience requirements of 

§ 61.129(e)(3) and (4) of this chapter. 

(1) An applicant may receive 20 hours 

of flight training on the areas of 

operation listed in § 61.127(b)(5) of this 

chapter from an instructor pilot for the 

manufacturer of the powered-lift in lieu 

of an authorized instructor, provided— 

(i) The training is conducted in 

accordance with the manufacturer’s 

training curriculum in the powered-lift; 

and 

(ii) The applicant receives a logbook 

or training record endorsement from the 

instructor pilot certifying that the test 

pilot satisfactorily completed the 

training curriculum specified in 

paragraph (b)(1)(i) of this section. 

(2) An applicant may accomplish the 

practical test preparation requirements 

in § 61.129(e)(3)(iv) of this chapter with 

a pilot who serves as an instructor pilot 

for the manufacturer of the powered-lift. 

(3) An applicant may satisfy the 

aeronautical experience requirement in 

§ 61.129(e)(4) of this chapter by logging 

at least 10 hours of solo flight time in 

a powered-lift under an endorsement 

from an instructor pilot or performing 

the duties of pilot-in-command in a 

powered-lift with a person onboard who 

serves as an instructor pilot for the 

manufacturer of the powered-lift (which 

may be credited towards the flight time 

requirement in § 61.129(e)(2) and 

(e)(2)(ii) of this chapter and 194.216(a)). 

(4) An applicant may satisfy the 

alternate requirements in § 194.233 in 

lieu of the cross-country aeronautical 

experience requirements specified in 

§ 61.129(e)(3)(ii) and (iii) and (e)(4)(i) of 

this chapter. 

(c) Alternate logging requirements. 

Notwithstanding the logging 

requirements in § 61.51(e)(1) of this 

chapter, an applicant for a commercial 

pilot certificate with a powered-lift 

category rating may log up to 25 hours 

of pilot-in-command flight time for the 

purpose of satisfying the aeronautical 

experience requirements in 

§§ 61.129(e)(2)(ii) of this chapter and 

194.216(a) for flights when the pilot is 

the sole manipulator of the controls of 

a powered-lift for which the pilot is not 

rated, provided— 

(1) The applicant is manipulating the 

controls of the powered-lift with a 

person onboard who serves as an 

instructor pilot for the manufacturer; 

(2) The applicant is performing the 

duties of pilot-in-command; and 

(3) The flight is conducted in 

accordance with the manufacturer’s 

training curriculum for the powered-lift. 

§ 194.223 Pilots receiving training under 

an approved training program: Alternate 

requirements for a commercial pilot 

certificate with a powered-lift category 

rating. 

(a) General applicability. An applicant 

for a commercial pilot certificate with a 

powered-lift category rating may satisfy 

the alternate requirements set forth in 

paragraphs (b) through (d) of this 

section, provided the applicant is 

receiving training under an approved 

training program under part 135, 141, or 

142 of this chapter for the purpose of 

obtaining a powered-lift category rating. 

(b) Alternate aeronautical experience 

requirements. An applicant may satisfy 

the alternate requirements in § 194.233 

in lieu of the cross-country aeronautical 

experience requirements specified in 

§ 61.129(e)(3)(ii) and (iii) and (e)(4)(i) of 

this chapter. 

(c) Alternate logging requirement. 

Notwithstanding the logging 

requirements in § 61.51(e)(1) of this 

chapter, an applicant for a commercial 

pilot certificate with a powered-lift 

category rating may log up to 25 hours 

of pilot-in-command time towards the 

aeronautical experience requirement in 

§ 194.216(a) for flights when the 

applicant is the sole manipulator of the 

controls of a powered-lift for which the 

pilot is not rated, provided— 

(1) The applicant is manipulating the 

controls of the powered-lift with an 

authorized instructor onboard; 

(2) The applicant is performing the 

duties of pilot-in-command; and 

(3) The flight is conducted in 

accordance with an approved training 

program under part 135, 141, or 142 of 

this chapter. 

§ 194.225 Test pilots, FAA test pilots, and 

aviation safety inspectors: Alternate 

aeronautical experience and logging 

requirements for an instrument-powered-lift 

rating. 

(a) General applicability. An applicant 

for an instrument-powered-lift rating 

who is test pilot for the manufacturer of 

an experimental powered-lift, an FAA 

test pilot, or aviation safety inspector 

may satisfy the alternate aeronautical 

experience and logging requirements set 

forth in paragraphs (b) and (c) of this 

section, provided— 

(1) The flights are conducted in an 

experimental powered-lift at the 

manufacturer; and 

(2) The applicant is authorized by the 

Administrator to act as pilot-incommand of the experimental poweredlift. 

(b) Alternate aeronautical experience 

requirements. A test pilot, FAA test 

pilot, or aviation safety inspector may 

meet the aeronautical experience 

requirements of paragraphs (b)(1) 

through (4) of this section in lieu of the 

aeronautical experience requirements of 

§ 61.65(f)(2) of this chapter. 

(1) Notwithstanding the eligibility 

requirement in § 61.65(a)(5) of this 

chapter, a test pilot, FAA test pilot, or 

aviation safety inspector may receive 15 

hours of instrument training on the 

areas of operation listed in § 61.65(c) of 

this chapter from an instructor pilot for 

the manufacturer of an experimental 

powered-lift in lieu of an authorized 

instructor, provided— 

(i) The training is conducted in 

accordance with the manufacturer’s 


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proposed training curriculum in the 

experimental powered-lift; and 

(ii) The test pilot, FAA test pilot, or 

aviation safety inspector receives a 

logbook or training record endorsement 

from the instructor pilot certifying that 

the applicant satisfactorily completed 

the training curriculum specified in 

paragraph (b)(1)(i) of this section. 

(2) A test pilot, FAA test pilot, or 

aviation safety inspector may 

accomplish the practical test 

preparation requirements in 

§ 61.65(f)(2)(i) of this chapter with an 

instructor pilot for the manufacturer of 

the experimental powered-lift. 

(3) A test pilot, FAA test pilot, or 

aviation safety inspector may 

accomplish the cross-country flight 

specified in § 61.65(f)(2)(ii) of this 

chapter for an instrument-powered-lift 

rating without an authorized instructor, 

provided the test pilot, FAA test pilot, 

or aviation safety inspector— 

(i) Completes the cross-country flight 

specified in § 61.65(f)(2)(ii) of this 

chapter with a pilot who serves as an 

instructor pilot for the manufacturer of 

the experimental powered-lift; and 

(ii) Obtains a logbook or training 

record endorsement from the instructor 

pilot certifying that the person 

completed the cross-country flight. 

(4) A test pilot, FAA test pilot, or 

aviation safety inspector may satisfy the 

alternate requirements in § 194.235 in 

lieu of the cross-country aeronautical 

experience requirements specified in 

§ 61.65(f)(2)(ii) of this chapter. 

(c) Alternate logging requirement. 

Notwithstanding the logging 

requirements in § 61.51(e)(1) of this 

chapter, a test pilot, FAA test pilot, or 

aviation safety inspector may log pilotin-command flight time for the purpose 

of satisfying the 10-hour cross-country 

requirement in § 61.65(f)(1) of this 

chapter for flights when the pilot is the 

sole manipulator of the controls of an 

experimental powered-lift for which the 

pilot is not rated, provided— 

(1) The test pilot, FAA test pilot, or 

aviation safety inspector is acting as 

pilot-in-command of the experimental 

powered-lift in accordance with a letter 

of authorization issued by the 

Administrator; and 

(2) The flight is conducted for the 

purpose of research and development or 

showing compliance with the 

regulations in this chapter in 

accordance with the experimental 

certificate issued to the powered-lift 

pursuant to § 21.191 of this chapter. 

§ 194.227 Instructor pilots: Alternate 

aeronautical experience and logging 

requirements for an instrument-powered-lift 

rating. 

(a) General applicability. An applicant 

for an instrument-powered-lift rating 

who is an instructor pilot for the 

manufacturer of an experimental 

powered-lift may satisfy the alternate 

aeronautical experience and logging 

requirements set forth in paragraphs (b) 

and (c) of this section, provided— 

(1) The flights are conducted in an 

experimental powered-lift at the 

manufacturer; and 

(2) The applicant is authorized by the 

Administrator to act as pilot-incommand of the experimental poweredlift. 

(b) Alternate aeronautical experience 

requirements. An instructor pilot may 

meet the aeronautical experience 

requirements of paragraphs (b)(1) 

through (4) of this section in lieu of the 

aeronautical experience requirements of 

§ 61.65(f)(2) of this chapter. 

(1) Notwithstanding the eligibility 

requirement in § 61.65(a)(5) of this 

chapter, an instructor pilot may meet 

the requirements of paragraphs (b)(1)(i) 

and (ii) of this section in lieu of the 15 

hours of training with an authorized 

instructor required by § 61.65(f)(2) of 

this chapter. 

(i) The instructor pilot provided the 

manufacturer’s proposed training 

curriculum to a test pilot, FAA test 

pilot, or aviation safety inspector in the 

experimental powered-lift, which 

includes 15 hours of training on the 

areas of operation listed in § 61.65(c) of 

this chapter; and 

(ii) The instructor pilot receives a 

logbook or training record endorsement 

from a management official within the 

manufacturer’s organization certifying 

that the instructor pilot provided the 

training specified in paragraph (b)(1)(i) 

of this section. 

(2) An instructor pilot may 

accomplish the practical test 

preparation requirements in 

§ 61.65(f)(2)(i) of this chapter with 

another pilot who serves as an 

instructor pilot for the manufacturer of 

the experimental powered-lift. 

(3) An instructor pilot may 

accomplish the cross-country flight 

specified in § 61.65(f)(2)(ii) of this 

chapter for an instrument-powered-lift 

rating without an authorized instructor, 

provided the instructor pilot— 

(i) Completes the cross-country flight 

specified in § 61.65(f)(2)(ii) of this 

chapter with another pilot who serves as 

an instructor pilot for the manufacturer 

of the experimental powered-lift; and 

(ii) Obtains a logbook or training 

record endorsement from the instructor 

pilot certifying that the person 

completed the cross-country flight. 

(4) An instructor pilot may satisfy the 

alternate requirements in § 194.235 in 

lieu of the cross-country aeronautical 

experience requirements specified in 

§ 61.65(f)(2)(ii) of this chapter. 

(c) Alternate logging requirement. 

Notwithstanding the logging 

requirements in § 61.51(e)(3) of this 

chapter, an instructor pilot may log 

pilot-in-command flight time for the 

purpose of satisfying the 10-hour crosscountry requirement in § 61.65(f)(1) of 

this chapter for flights when the pilot is 

serving as an instructor pilot for the 

manufacturer of an experimental 

powered-lift for which the pilot is not 

rated, provided the pilot— 

(1) Is acting as pilot-in-command of 

the experimental powered-lift in 

accordance with a letter of authorization 

issued by the Administrator; and 

(2) The flight is conducted for the 

purpose of crew training in accordance 

with the experimental certificate issued 

to the powered-lift pursuant to § 21.191 

of this chapter. 

§ 194.229 Initial cadre of instructors: 

Alternate aeronautical experience and 

logging requirements for an instrumentpowered-lift rating. 

(a) General applicability. An applicant 

for an instrument-powered-lift rating 

may satisfy the alternate aeronautical 

experience and logging requirements set 

forth in paragraphs (b) and (c) of this 

section, provided— 

(1) The applicant is authorized by the 

Administrator to serve as an initial 

check pilot, chief instructor, assistant 

chief instructor, or training center 

evaluator for the purpose of initiating 

training in a powered-lift under an 

approved training program under part 

135, 141, or 142 of this chapter, as 

appropriate; and 

(2) The flights are conducted in typecertificated powered-lift at the 

manufacturer. 

(b) Alternate aeronautical experience 

requirements. Notwithstanding the 

instrument rating requirements of 

§ 61.65 of this chapter, an applicant may 

meet the requirements in paragraphs 

(b)(1) through (4) of this section in lieu 

of the aeronautical experience 

requirements of § 61.65(f)(2) of this 

chapter. 

(1) Notwithstanding the eligibility 

requirement in § 61.65(a)(5) of this 

chapter, an applicant may receive 15 

hours of instrument training on the 

areas of operation listed in § 61.65(c) of 

this chapter from an instructor pilot for 

the manufacturer of a powered-lift in 

lieu of an authorized instructor, 

provided— 


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(i) The training is conducted in 

accordance with the manufacturer’s 

training curriculum in the powered-lift; 

and 

(ii) The applicant receives a logbook 

or training record endorsement from the 

instructor pilot certifying that the 

applicant satisfactorily completed the 

training curriculum specified in 

paragraph (b)(1)(i) of this section. 

(2) An applicant may accomplish the 

practical test preparation requirements 

in § 61.65(f)(2)(i) of this chapter with a 

pilot who serves as an instructor pilot 

for the manufacturer of the powered-lift. 

(3) An applicant may accomplish the 

cross-country flight specified in 

§ 61.65(f)(2)(ii) of this chapter for an 

instrument-powered-lift rating without 

an authorized instructor, provided the 

applicant— 

(i) Completes the cross-country flight 

specified in § 61.65(f)(2)(ii) of this 

chapter with a pilot who serves as an 

instructor pilot for the manufacturer of 

the powered-lift; and 

(ii) Obtains a logbook or training 

record endorsement from the instructor 

pilot certifying that the person 

completed the cross-country flight. 

(4) An applicant may satisfy the 

alternate requirements in § 194.235 in 

lieu of the cross-country aeronautical 

experience requirements specified in 

§ 61.65(f)(2)(ii) of this chapter. 

(c) Alternate logging requirement. 

Notwithstanding the logging 

requirements in § 61.51(e)(1) of this 

chapter, an applicant for an instrumentpowered-lift rating may log pilot-incommand flight time for the purpose of 

satisfying the 10-hour cross-country 

requirement in § 61.65(f)(1) of this 

chapter for flights when the applicant is 

the sole manipulator of the controls of 

a powered-lift for which the pilot is not 

rated, provided— 

(1) The applicant is manipulating the 

controls of the powered-lift with a 

person onboard who serves as an 

instructor pilot for the manufacturer; 

(2) The applicant is performing the 

duties of pilot-in-command; and 

(3) The flight is conducted in 

accordance with the manufacturer’s 

training curriculum for the powered-lift. 

§ 194.231 Pilots receiving training under 

an approved training program: Alternate 

requirements for an instrument-powered-lift 

rating. 

(a) General applicability. An applicant 

for an instrument-powered-lift rating 

may satisfy the alternate requirements 

set forth in paragraphs (b) and (c) of this 

section, provided the applicant is 

receiving training under an approved 

training program under part 135, 141, or 

142 of this chapter for the purpose of 

obtaining an instrument-powered-lift 

rating. 

(b) Alternate aeronautical experience 

requirements. An applicant may satisfy 

the alternate requirements in § 194.235 

in lieu of the cross-country aeronautical 

experience requirements specified in 

§ 61.65(f)(2)(ii) of this chapter. 

(c) Use of full flight simulators. In 

addition to the permitted credit for use 

of a full flight simulator in § 61.65(h) of 

this chapter, an applicant for an 

instrument-powered-lift rating may 

credit a maximum of 4 hours toward the 

aeronautical experience requirement in 

§ 61.65(f)(1) of this chapter that requires 

10 hours of cross-country time in a 

powered-lift, provided— 

(1) The aeronautical experience was 

obtained performing the duties of pilotin-command during a simulated crosscountry flight in a Level C or higher full 

flight simulator that represents the 

powered-lift category; 

(2) The cross-country flight includes 

the performance of instrument 

procedures under simulated instrument 

conditions; and 

(3) The sessions are conducted in 

accordance with an approved training 

program under part 135, 141, or 142 of 

this chapter. 

§ 194.233 Alternate means to satisfy the 

cross-country aeronautical experience 

requirements for a commercial pilot 

certificate with a powered-lift category 

rating. 

Notwithstanding the eligibility 

requirement in § 61.123(f) of this 

chapter, an applicant who does not meet 

the cross-country aeronautical 

experience requirements specified in 

§ 61.129(e) of this chapter will be 

considered eligible for a commercial 

pilot certificate with a powered-lift 

category rating as specified in 

paragraphs (a) and (b) of this section. 

(a) An applicant who does not meet 

the cross-country aeronautical 

experience requirements specified in 

§ 61.129(e)(3)(ii) and (iii) of this chapter 

will be considered eligible for a 

commercial pilot certificate with a 

powered-lift category rating, provided 

the applicant has logged at least three 

cross-country flights consisting of— 

(1) One 2-hour cross-country flight in 

a powered-lift in daytime conditions 

that consists of a total straight-line 

distance of more than 50 nautical miles 

from the original point of departure; 

(2) One 2-hour cross-country flight in 

a powered-lift in nighttime conditions 

that consists of a total straight-line 

distance of more than 50 nautical miles 

from the original point of departure; and 

(3) An additional cross-country flight 

with landings at a minimum of three 

points, with one segment consisting of 

a straight-line distance of at least 50 

nautical miles from the original point of 

departure. Except for the original point 

of departure, this additional crosscountry flight must include landings at 

different points than the cross-country 

flights specified in paragraphs (a)(1) and 

(2) of this section. 

(b) An applicant who does not have 

the cross-country aeronautical 

experience specified in § 61.129(e)(4)(i) 

of this chapter will be considered 

eligible for a commercial pilot certificate 

with a powered-lift category, provided 

the applicant has logged at least two 

cross-country flights with landings at a 

minimum of three points, with one 

segment consisting of a straight-line 

distance of at least 50 nautical miles 

from the original point of departure. 

Except for the original point of 

departure, the second cross-country 

flight must include landings at different 

points than the first cross-country flight. 

§ 194.235 Alternate means to satisfy the 

cross-country aeronautical experience 

requirements for an instrument-powered-lift 

rating. 

(a) An applicant who does not meet 

the cross-country aeronautical 

experience requirements specified in 

§ 61.65(f)(2)(ii) of this chapter will be 

considered eligible for an instrumentpowered-lift rating, provided the 

applicant has logged instrument time 

that includes instrument flight training 

on cross-country flight procedures, 

including two cross-country flights in a 

powered-lift, provided each crosscountry flight— 

(1) Is conducted with either an 

authorized instructor or an instructor 

pilot; and 

(2) Involves— 

(i) A flight of 100 nautical miles along 

airways or by directed routing from an 

air traffic control facility; 

(ii) An instrument approach at each 

airport; and 

(iii) Three different kinds of 

approaches with the use of navigation 

systems. 

(b) Notwithstanding the requirements 

in § 61.65(f)(2)(ii) of this chapter for the 

cross-country flight in a powered-lift, an 

applicant for an instrument-powered-lift 

rating is not required to file a flight plan 

and perform the cross-country flight 

under instrument flight rules, 

provided— 

(1) The powered-lift is not certificated 

for instrument flight; and 

(2) The applicant holds one of the 

following— 

(i) An instrument-airplane rating; 

(ii) An instrument-helicopter rating; 

or 


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(iii) An airline transport pilot 

certificate. 

§ 194.237 Alternate means to satisfy the 

cross-country aeronautical experience 

requirements for a private pilot certificate 

with a powered-lift category rating. 

Notwithstanding the eligibility 

requirement in § 61.103(g) of this 

chapter, an applicant who does not meet 

the cross-country aeronautical 

experience requirements specified in 

§ 61.109(e) of this chapter will be 

considered eligible for a private pilot 

certificate with a powered-lift category 

rating as specified in paragraphs (a) and 

(b) of this section. 

(a) Cross-country aeronautical 

experience at night. An applicant who 

does not meet the cross-country 

aeronautical experience specified in 

§ 61.109(e)(2)(i) of this chapter will be 

considered eligible for a private pilot 

certificate with a powered-lift category 

rating, provided the applicant has 

received 3 hours of night flight training 

that includes two cross-country flights 

that are each over 50 nautical miles total 

distance. 

(b) Solo cross-country aeronautical 

experience. An applicant who does not 

meet the solo cross-country aeronautical 

experience specified in § 61.109(e)(5)(ii) 

of this chapter will be considered 

eligible for a private pilot certificate 

with a powered-lift category rating, 

provided the applicant has completed— 

(1) One solo cross-country flight of 

100 nautical miles total distance, with 

landings at three points, and one 

segment of the flight being a straightline distance of more than 25 nautical 

miles between the takeoff and landing 

locations; and 

(2) An additional solo cross-country 

flight in a powered-lift with landings at 

a minimum of three points, with one 

segment consisting of a straight-line 

distance of at least 50 nautical miles 

from the original point of departure. 

Except for the original point of 

departure, the additional cross-country 

flight must include landings at different 

points than the first cross-country flight. 

§ 194.239 Alternate means to satisfy 

minimum curriculum content in certain 

appendices to part 141 of this chapter. 

(a) Flight training minimum 

curriculum content. Notwithstanding 

the minimum curriculum requirements 

in § 141.55(a) of this chapter, a training 

course for which approval is requested 

is not required to consist of training on 

a task specified in an area of operation 

listed in the applicable appendix to part 

141, provided— 

(1) The training course for which 

approval is requested is for a poweredlift course; 

(2) The powered-lift to be used in the 

course is not capable of performing the 

task specified in an area of operation 

listed in the applicable appendix to part 

141; and 

(3) The FAA has issued waiver 

authority for that task in accordance 

with § 194.207(b). 

(b) Cross-country minimum 

curriculum content. Notwithstanding 

the minimum curriculum requirements 

in § 141.55(a) of this chapter, a training 

course for which approval is requested 

is not required to meet the minimum 

curriculum content specified in 

appendices B, C, and D to part 141, 

provided— 

(1) The training course for which 

approval is requested is for a poweredlift course. 

(2) The minimum curriculum content 

that is not met may consist of the 

training specified in— 

(i) Appendix B, paragraph 

4.(b)(5)(ii)(A); 

(ii) Appendix B, paragraph 5.(e)(1); 

(iii) Appendix C, paragraph 

4.(c)(3)(ii); 

(iv) Appendix D, paragraph 4.(b)(5)(ii) 

and (iii); 

(v) Appendix D, paragraph 5.(e)(2); or 

(vi) Appendix M, paragraphs 

4.(b)(4)(ii)(A), 4.(b)(4)(iii)(A), and 

5.(d)(1). 

(3) For each provision of training 

specified in paragraph (b)(2) of this 

section that is not met, the training 

course must include an additional crosscountry flight consistent with the 

requirements of §§ 194.233, 194.235, 

and 194.237. 

§ 194.241 Alternate qualification 

requirements for chief instructors, assistant 

chief instructors, and check instructors. 

(a) Notwithstanding the qualification 

requirements in §§ 141.35(a)(1), 

141.36(a)(1), and 141.37(a)(2)(ii) of this 

chapter, for a course of training under 

part 141 of this chapter that uses a 

powered-lift, a person seeking 

designation as a chief instructor, an 

assistant chief instructor, or a check 

instructor for checks and tests that relate 

to flight training must meet the 

following requirements— 

(1) Hold a commercial pilot certificate 

or an airline transport pilot certificate 

with the following ratings— 

(i) A powered-lift category rating; 

(ii) A type rating for the powered-lift 

used in the course; and 

(iii) An instrument-powered-lift rating 

or an airline transport pilot certificate 

with instrument privileges. 

(2) Hold a current flight instructor 

certificate with the following ratings— 

(i) A powered-lift category rating; and 

(ii) An instrument-powered-lift rating, 

if an instrument rating is required for 

the course. 

(b) Notwithstanding the qualification 

requirements in § 141.37(a)(3)(ii) of this 

chapter, for a course of training under 

part 141 of this chapter that uses a 

powered-lift, a person seeking 

designation as a check instructor for 

checks and tests that relate to ground 

training must hold a current flight 

instructor certificate with a powered-lift 

category rating or a ground instructor 

rating appropriate for the course. 

§ 194.243 Pilot certification through 

completion of training, testing, and 

checking under part 135 of this chapter. 

(a) Part 135 airman certification 

training program. (1) Subject to the 

requirements in subpart H to part 135 of 

this chapter, a certificate holder under 

part 119 of this chapter authorized to 

conduct part 135 operations may obtain 

approval under § 135.325 of this chapter 

to establish and implement a training 

curriculum to satisfy the following: 

(i) Ground training, flight training, 

and aeronautical experience 

requirements in § 61.65 of this chapter 

and § 194.231 for the addition of an 

instrument-powered-lift rating to a 

commercial pilot certificate; 

(ii) Ground training, flight training, 

and aeronautical experience 

requirements in § 61.63(b) of this 

chapter for the addition of an aircraft 

category rating to a commercial pilot 

certificate; and 

(iii) Ground and flight training 

requirements in § 61.63(d) of this 

chapter to add a type rating to a 

commercial pilot certificate. 

(2) No certificate holder may use a 

person, nor may any person serve, as an 

instructor in a training curriculum 

approved to meet the requirements of 

paragraph (a)(1) of this section unless, 

in addition to being qualified under 

§§ 135.338 and 135.340 of this chapter, 

the person holds a flight instructor 

certificate with a powered-lift category 

rating and instrument-powered-lift 

rating issued under part 61 of this 

chapter. 

(3) A certificate holder may train a 

pilot in a training curriculum approved 

to meet the requirements of paragraph 

(a)(1) of this section only if the pilot is 

employed by the certificate holder 

under part 119 of this chapter and holds 

at least the certificates and ratings set 

forth by § 194.215(a). 

(4) In addition to § 135.327 of this 

chapter, any curriculum approved 

under paragraphs (a)(1)(i) through (iii) 

of this section must include the 

applicable aeronautical knowledge 

areas, areas of operation, and flight 


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training required by part 61 of this 

chapter. If an alternative requirement is 

provided in this part, that alternative 

may be used. 

(b) Part 135 airman certification and 

checking. (1) A pilot who is employed 

by a certificate holder under part 119 of 

this chapter authorized to conduct 

operations under part 135 who 

completes the approved curricula in 

paragraphs (a)(1)(i) through (iii) of this 

section may apply to add a powered-lift 

category rating concurrently with a 

powered-lift instrument rating and an 

initial powered-lift type rating to a 

commercial pilot certificate if the 

person meets the following 

requirements: 

(i) Meets the requirements of 

§§ 61.63(b) and 61.65(f) of this chapter, 

or if an alternative requirement is 

provided in this part, that alternative 

may be used; 

(ii) Has a training record endorsement 

from the certificate holder certifying 

that the pilot satisfactorily completed 

the applicable ground and flight training 

curricula in the approved part 135 

airman certification training program; 

and 

(iii) Successfully completes the 

written or oral testing under 

§ 135.293(a)(2) and (3) of this chapter, a 

competency check under § 135.293(b) of 

this chapter, and an instrument 

proficiency check under § 135.297 of 

this chapter provided the following 

conditions are met: 

(A) The competency check includes 

the maneuvers and procedures required 

for the issuance of a commercial pilot 

certificate with a powered-lift category 

rating, for the issuance of an instrumentpowered-lift rating and for the issuance 

of a powered-lift type rating. 

(B) The instrument proficiency check 

meets the requirements of § 135.297 of 

this chapter as applicable to a pilot in 

command (PIC) holding a commercial 

pilot certificate except that the 

instrument approaches to be included in 

the check must include all instrument 

approaches required for the issuance of 

an instrument-powered-lift rating and 

not only those for which the pilot is to 

be authorized to perform in part 135 

operations. 

(2) Sections 135.293(d) and 135.301(b) 

of this chapter are not applicable to the 

competency check and instrument 

proficiency check required by paragraph 

(b)(1)(iii) of this section. 

(3) A pilot who meets paragraph (b)(1) 

of this section will be issued a 

commercial pilot certificate with a 

powered-lift category rating, an 

instrument-powered-lift rating, and a 

powered-lift type rating. 

(4) An applicant who fails a check 

under paragraph (b)(1) of this section 

may reapply for the check only after the 

applicant has received: 

(i) The necessary training from an 

authorized instructor or instructor pilot 

who has determined that the applicant 

is proficient to pass the test; and 

(ii) An endorsement from an 

authorized instructor or instructor pilot 

who gave the applicant the additional 

training. 

(c) Part 135 certification testing and 

checking personnel. The testing, 

competency checks, and instrument 

proficiency checks required by 

paragraph (b) of this section must be 

administered by one of the following: 

(1) An FAA Aviation Safety Inspector. 

(2) An Aircrew Program Designee who 

is authorized to perform competency 

checks and instrument proficiency 

checks for the certificate holder whose 

approved ground and flight training 

curricula has been satisfactorily 

completed by the pilot applicant. 

(3) A Training Center Evaluator with 

appropriate certification authority who 

is also authorized to perform 

competency checks and instrument 

proficiency checks for the certificate 

holder whose approved ground and 

flight training curricula has been 

satisfactorily completed by the pilot 

applicant. 

§ 194.245 Pilot qualification and program 

management requirements to operate 

powered-lift under subpart K to part 91 of 

this chapter. 

(a) Section 91.1055(a) of this chapter 

applies to powered-lift operating under 

subpart K to part 91. 

(b) Reference to class of aircraft in 

§ 91.1055(b)(2) of this chapter is 

inapplicable when a powered-lift is 

used for the operation under subpart K 

to part 91. 

§ 194.247 Pilot qualification requirements 

to operate powered-lift under part 135 of 

this chapter. 

(a) Unless otherwise directed in this 

chapter, powered-lift must continue to 

comply with rules applicable to aircraft 

specified in part 135. 

(b) To comply with § 135.3 of this 

chapter, each certificate holder that 

conducts commuter operations under 

part 135 with powered-lift for which 

two pilots are required by the type 

certificate must: 

(1) Comply with subpart Y to part 121 

of this chapter instead of the 

requirements of subparts G and H to 

part 135; and 

(2) Include in initial ground training 

for pilots in command and upgrade 

ground training, instruction and 

facilitated discussion on the following: 

(i) Leadership and command; and 

(ii) Mentoring, including techniques 

for instilling and reinforcing the highest 

standards of technical performance, 

airmanship, and professionalism in 

newly hired pilots. 

(3) Include the training required by 

paragraph (b)(2)(ii) of this section in 

recurrent ground training for pilots in 

command every 36 calendar months. 

(4) Include in initial flight training for 

pilots in command and upgrade flight 

training, sufficient scenario-based 

training incorporating crew resource 

management and leadership and 

command skills, to ensure the pilot’s 

proficiency as pilot in command. 

(c) In lieu of compliance with the 

operating experience requirements 

listed in § 135.244(a)(1) through (4) of 

this chapter, no certificate holder may 

use a person, nor may any person serve, 

as pilot in command of a powered-lift 

unless that person possesses 20 hours of 

operating experience in each make and 

basic model of powered-lift to be flown. 

(d) To comply with § 135.345 of this 

chapter, initial, transition, and upgrade 

ground training for powered-lift pilots 

must include instruction in 

§ 135.345(b)(6)(iv) of this chapter, as 

applicable. 

§ 194.249 References to class in parts 135, 

141, and 142 of this chapter. 

(a) References to class of aircraft in 

§§ 135.4(b)(2), 135.247(a)(1) and (2), and 

135.603 of this chapter are inapplicable 

when a powered-lift is used for the 

operation under part 135. 

(b) Notwithstanding the course 

content contained in the appendices to 

part 141, references to a class rating or 

a class of aircraft in those appendices is 

inapplicable when a powered-lift is 

used for the course of training. 

(c) References to class of aircraft in 

§§ 142.11(d)(2)(ii), 142.49(c)(3)(iii), 

142.53(b)(1), and 142.65(b)(1) of this 

chapter are inapplicable when a 

powered-lift or flight simulation 

training device representing a poweredlift is used for the operation under part 

142. 

§ 194.251 Alternate means to satisfy 

minimum curriculum content in training 

courses under part 142 of this chapter. 

A training course for which approval 

is requested is not required to consist of 

training on a task specified in an area of 

operation if the powered-lift is not 

capable of performing the task, provided 

the FAA has issued waiver authority for 

that task in accordance with 

§ 194.207(b). 


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§ 194.253 Alternate requirements for 

powered-lift without fully functional dual 

controls used in flight training. 

(a) Powered-lift equipped with an 

instantly accessible single, functioning 

control. (1) A person may utilize the 

alternate requirement provided in 

paragraph (a)(2) of this section only if 

the applicant holds at least the 

certificates and ratings set forth by 

§ 194.215(a) and instruction is provided 

by: 

(i) An instructor pilot for the 

manufacturer of the powered-lift under 

the manufacturer’s proposed training 

curriculum, or 

(ii) A flight instructor under an 

approved training curriculum under 

part 135, 141, or 142 of this chapter, as 

applicable. 

(2) Notwithstanding the requirements 

of §§ 61.195(g) and 91.109(a) of this 

chapter, a person may operate a 

powered-lift that is being used for flight 

training without fully functioning dual 

controls provided— 

(i) The powered-lift is equipped with 

a single functioning flight control that is 

instantly accessible by both the 

applicant and the instructor; 

(ii) The single functioning flight 

control meets the certification standards 

for both pilot stations; and 

(iii) The instructor has determined 

that the flight can be conducted safely. 

(b) Full flight simulator training for 

powered-lift with single functioning 

controls and a single pilot station. A 

person may apply for a powered-lift 

category rating, an instrument-poweredlift rating, and a powered-lift type rating 

concurrently for a powered-lift with 

single controls and a single pilot station 

under an approved part 135, 141, or 142 

training program by meeting the 

requirements set forth in appendix A to 

this part. 

(c) Deviation authority. 

Notwithstanding the requirements of 

§§ 61.195(g) and 91.109 of this chapter, 

the Administrator may authorize a 

deviation to operate a powered-lift that 

is being used for flight training in an 

approved training program under part 

135, 141, or 142 without fully 

functioning dual controls provided: 

(1) The certificate holder 

demonstrates in a form and manner 

acceptable to the Administrator that— 

(i) The person providing the flight 

training and the PIC observing any 

applicable supervised operating 

experience can take immediate 

corrective action and full control of the 

powered-lift; 

(ii) The flight training and any 

applicable supervised operating 

experience can be effectively conducted 

in the powered-lift; and 

(2) The Administrator determines that 

the alternate flight training and 

applicable supervised operating 

experience set forth by paragraph (c)(1) 

of this section will not adversely affect 

safety. 

(3) The FAA may cancel or amend a 

letter of deviation authority at any time 

if the Administrator determines that the 

requirements of this section are not met 

or if such action is necessary in the 

interest of safety. 

§ 194.255 Alternate requirements for 

powered-lift without fully functioning dual 

controls used in supervised operating 

experience when adding a type rating. 

(a) Notwithstanding § 61.64(f) of this 

chapter, a person who holds a poweredlift category, instrument-powered-lift 

rating, and powered-lift type rating and 

seeks an additional type rating for a 

powered-lift with a single functioning 

control and a single pilot station in 

accordance with §§ 61.63(d) and 

61.64(a) of this chapter, and does not 

meet requirements of § 61.64(e), will 

receive a limitation on the certificate 

restricting the person operating the 

powered-lift type from carrying any 

person or property on the aircraft, other 

than necessary for the purpose of 

paragraph (b) of this section. 

(b) The limitation described in 

paragraph (a) of this section may be 

removed from the rating if the person 

complies with the following: 

(1) Performs 25 hours of flight time in 

the type of powered-lift for which the 

limitation applies under the observation 

of a fully rated pilot without limitations 

for the aircraft, maintaining full 

communication with the observing 

pilot, 

(2) Logs each flight and the observing 

pilot attests in writing to each flight, 

and 

(3) Presents evidence of the 

supervised operating experience to any 

examiner or Flight Standards office to 

have the limitation removed. 

(c) The observing pilot must have 

unobstructed visual sight of the controls 

and instrumentation. 

Subpart C—Requirements for Persons 

Operating Powered-lift 

§ 194.301 Applicability. 

Unless otherwise specified by this 

part, persons operating powered-lift 

must continue to comply with rules 

applicable to all aircraft in parts 91, 135, 

and 136 of this chapter, as applicable to 

the operation. In addition, any sections 

or paragraphs within sections under 

parts 91 and 135 that refer to specific 

categories of aircraft and that are not 

referenced in the SFAR table to 

§ 194.302 or § 194.306, do not apply to 

powered-lift. 

§ 194.302 Provisions under part 91 of this 

chapter applicable to powered-lift. 

No person may operate a powered-lift 

under part 91 of this chapter unless that 

person complies with the regulations 

listed in the first column of table 1 to 

this section, notwithstanding their 

applicability to airplanes, helicopters, or 

rotorcraft, subject to the applicability 

provisions in the second column, and 

any additional requirements or 

clarification specified in the third 

column: 

TABLE 1 TO § 194.302 

Regulation Applicability Additional requirements or clarification 

Part 91, Subpart A—General 

(a) Section 91.9 (a) and (b) of 

this chapter.

Applies to all powered-lift .............................................................. The requirement for an approved Aircraft Flight Manual is set 

forth in the airworthiness criteria established under § 21.17(b) 

of this chapter. 

Part 91, Subpart B—Flight Rules 

(b) Section 91.103(b)(1) of this 

chapter.

Applies to powered-lift for which an approved Aircraft Flight 

Manual containing takeoff and landing distance data is required.

(c) Section 91.107(a)(3)(i) 

through (iii) of this chapter.

Applies to all powered-lift .............................................................. The exception under § 91.107(a)(3) of this chapter for seaplane 

and float equipped rotorcraft operations during movement on 

the surface applies to persons pushing off a powered-lift from 

the dock or persons mooring the powered-lift at the dock. 


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TABLE 1 TO § 194.302—Continued 

Regulation Applicability Additional requirements or clarification 

(d) Section 91.119(d) of this 

chapter.

Applies to powered-lift operating in vertical-lift flight mode .......... Under § 91.119(d) of this chapter, a powered-lift may be operated in vertical-lift flight mode at less than the minimums prescribed in § 91.119(b) or (c) of this chapter, provided each 

person operating the powered-lift complies with any routes or 

altitudes specifically prescribed for powered-lift by the FAA. 

(e) Section 91.126(b)(1) of this 

chapter.

Applies to powered-lift operating in wing-borne flight mode ........ If the powered-lift is operating in vertical-lift flight mode, see 

paragraph (f) of this section. 

(f) Section 91.126(b)(2) of this 

chapter.

Applies to powered-lift operating in vertical-lift flight mode .......... If the powered-lift is operating in wing-borne flight mode, see 

paragraph (e) of this section. 

(g) Section 91.129(e)(1) and (2), 

(g)(2), and (h) of this chapter.

Applies to large or turbine-powered powered-lift ..........................

(h) Section 91.129(e)(3) of this 

chapter.

Applies to powered-lift preparing to land in wing-borne flight 

mode.

(i) Section 91.129(f)(1) of this 

chapter.

Applies to powered-lift operating in wing-borne flight mode ........ (1) If the powered-lift is operating in vertical-lift flight mode, see 

paragraph (j) of this section. 

(2) Section 91.129(f)(1) of this chapter does not apply when the 

operator of a powered-lift is conducting a circling approach 

under part 97 of this chapter or when otherwise requested by 

air traffic control (ATC). 

(j) Section 91.129(f)(2) of this 

chapter.

Applies to powered-lift operating in vertical-lift flight mode .......... (1) If the powered-lift is operating in wing-borne flight mode, see 

paragraph (i) of this section. 

(2) Section 91.129(f)(2) does not apply when the operator of a 

powered-lift is conducting a circling approach under part 97 of 

this chapter or when otherwise requested by ATC. 

(k) Section 91.131(a)(2) of this 

chapter.

Applies to large powered-lift. 

(l) Section 91.151(a) and (b) of 

this chapter.

Applies to powered-lift ................................................................... (1) A powered-lift with the performance capability, as outlined in 

the Aircraft Flight Manual, to conduct a landing in the verticallift flight mode along the entire route of flight may use the 

VFR fuel requirements outlined in § 91.151(b) of this chapter. 

(2) Powered-lift unable to meet the requirements of paragraph 

(l)(1) of this section must use the rule requirements outlined in 

§ 91.151(a) of this chapter. 

(m) Section 91.155(a) of this 

chapter.

The helicopter provision under § 91.155(a) of this chapter applies to powered-lift operating in vertical-lift flight mode and at 

a speed that allows the pilot to see any other traffic or obstructions in time to avoid a collision.

(1) Except as provided in § 91.155(b) of this chapter, poweredlift that meet the requirements of paragraph (m) of this section 

may operate under the helicopter VFR visibility minimums outlined under § 91.155(a) of this chapter in class G airspace. 

(2) Powered-lift unable to meet the requirements of paragraph 

(m) of this section must use the VFR visibility minimums in 

§ 91.155(a) of this chapter for aircraft other than helicopters. 

(n) Section 91.155(b)(1) of this 

chapter.

Applies to powered-lift operating in the vertical-lift flight mode 

and at a speed that allows the pilot to see any other traffic or 

obstructions in time to avoid a collision.

(1) Powered-lift that meet the requirements of paragraph (n) of 

this section may use the VFR visibility minimums outlined in 

§ 91.155(b)(1) of this chapter in Class G airspace. 

(2) Powered-lift unable to meet the requirements of paragraph 

(n) of this section must use the visibility minimums outlined in 

§ 91.155(b)(2) of this chapter. 

(o) Section 91.155(b)(2) of this 

chapter.

Applies to powered-lift ................................................................... Powered-lift operating in Class G airspace that cannot meet the 

requirements of paragraph (n) of this section must use the 

VFR visibility minimums outlined under § 91.155(b)(2) of this 

chapter. 

(p) Section 91.157(b)(3), (b)(4), 

and (c) of this chapter.

The helicopter exceptions outlined in § 91.157(b)(3), (b)(4), and 

(c) of this chapter apply to powered-lift operating in vertical-lift 

flight mode when those aircraft are operated at a speed that 

allows the pilot to see any other traffic or obstructions in time 

to avoid a collision.

(q) Section 91.167(a)(3) and 

(b)(2)(ii) of this chapter.

The helicopter provisions in § 91.167(a)(3) and (b)(2)(ii) of this 

chapter apply to powered-lift authorized to conduct copter procedures and that have the performance capability for the entire flight to conduct a landing in the vertical-lift flight mode, as 

outlined in the Aircraft Flight Manual.

(1) Powered-lift that meet the requirements of paragraph (q) of 

this section may use the helicopter provisions under 

§ 91.167(a)(3) and (b)(2)(ii) of this chapter. 

(2) Powered-lift that are unable to meet the requirements outlined in paragraph (q) of this section must use the 45-minute 

fuel requirement outlined in § 91.167(a)(3) of this chapter and 

the aircraft requirement outlined in § 91.167(b)(2)(i) of this 

chapter. 

(r) Section 91.169(b)(2)(ii) and 

(c)(1)(ii) of this chapter.

Applies to powered-lift authorized to conduct copter procedures 

and that have the performance capability to land in the 

vertical-lift flight mode, as outlined in the Aircraft Flight Manual.

(1) Powered-lift that meet the requirements of paragraph (r) of 

this section may use the helicopter provisions specified in 

§ 91.169(b)(2)(ii) and (c)(1)(ii) of this chapter. 

(2) Powered-lift that are unable to meet the requirements outlined in paragraph (r) of this section must use the requirements for aircraft other than helicopters under 

§ 91.169(b)(2)(i) and (c)(1)(i) of this chapter. 

(s) Section 91.175(f)(2)(iii) of 

this chapter.

Applies to powered-lift with two engines or less, that takeoff in 

vertical-lift flight mode, and that are authorized to conduct 

copter procedures.

Powered-lift with two engines or less that are unable to meet 

the requirements outlined in this paragraph (s) must comply 

with § 91.175(f)(2)(i) of this chapter. 

(t) Section 91.175(f)(4)(i) of this 

chapter.

Applies to part 135 of this chapter powered-lift operators required to comply with subpart I to part 135 of this chapter.

Part 91, Subpart C—Equipment, Instrument, and Certificate Requirements 

(u) Section 91.205(b)(11) and 

(14) of this chapter.

Applies to small powered-lift ......................................................... Position and anti-collision lights must meet § 23.2530(b) of this 

chapter. 


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TABLE 1 TO § 194.302—Continued 

Regulation Applicability Additional requirements or clarification 

(v) Section 91.205(d)(3)(i) of 

this chapter.

Applies to powered-lift certified for instrument flight rules operations.

(w) Section 91.207 of this chapter.Applies to all powered-lift. 

(x) Section 91.219 of this chapter.Applies to all powered-lift. 

(y) Section 91.223(a) and (c) of 

this chapter.

Applies to powered-lift configured with 6 or more passenger 

seats, excluding any pilot seat.

Instead of terrain awareness and warning system (TAWS), powered-lift must be equipped with a helicopter terrain awareness 

and warning system (HTAWS) that meets the requirements in 

TSO–C194 and Section 2 of RTCA DO–309 (incorporated by 

reference, see § 194.109) or a FAA-approved TAWS A/ 

HTAWS hybrid system. 

Part 91, Subpart D—Special Flight Operations 

(z) Section 91.313(g) of this 

chapter.

Applies to restricted category small powered-lift. 

Part 91, Subpart E—Maintenance, Preventive Maintenance, and Alterations 

(aa) Section 91.409(e) through 

(h) of this chapter.

Applies to technically-advanced powered-lift which are poweredlift equipped with an electronically advanced system in which 

the pilot interfaces with a multi-computer system with increasing levels of automation in order to aviate, navigate, or communicate.

(1) Unless otherwise authorized by the Administrator, a technically advanced powered-lift must be equipped with an electronically advanced multi-computer system that includes one 

or more of the following installed components: 

(i) An electronic Primary Flight Display (PFD) that includes, at a 

minimum, an airspeed indicator, turn coordinator, attitude indicator, heading indicator, altimeter, and vertical speed indicator; 

(ii) An electronic Multifunction Display (MFD) that includes, at a 

minimum, a moving map using Global Positioning System 

(GPS) navigation with the aircraft position displayed; 

(iii) A multi-axis autopilot integrated with the navigation and 

heading guidance system; and 

(iv) Aircraft design with advanced fly-by-wire-flight control system that utilizes electronically operated controls with no direct 

mechanical link from the pilot to the control surfaces. 

(2) The display elements described in paragraphs (aa)(1)(i) and 

(ii) of this section must be continuously visible. 

(bb) Section 91.411 of this 

chapter.

Applies to all powered-lift. 

Part 91, Subpart F—Large and Turbine-Powered Multiengine Airplanes and Fractional Ownership Program Aircraft 

(cc) Section 91.501 of this 

chapter.

Applies to large powered-lift regardless of powerplant, as well 

as powered-lift operating under subpart K to part 91 of this 

chapter, and subject to any limitations outlined in this part.

Any sections or paragraphs within sections to subpart F to part 

91 of this chapter that refer to a specific category of aircraft 

and that are not referenced in this table or the table to 

§ 194.306, do not apply to powered-lift. 

(dd) Section 91.503 of this 

chapter.

Applies to powered-lift subject to the requirements of subpart F 

to part 91 of this chapter as specified in paragraph (cc) of this 

section.

Powered-lift may comply with § 91.503(a)(5) of this chapter by 

having the appropriate engine or multiple-engines inoperative 

climb performance data available at the pilot station of the aircraft. 

(ee) Section 91.505 of this 

chapter.

Applies to powered-lift subject to the requirements of subpart F 

to part 91 of this chapter as specified in paragraph (cc) of this 

section.

(ff) Section 91.507 of this chapter.Applies to powered-lift subject to the requirements of subpart F 

to part 91 of this chapter as specified in paragraph (cc) of this 

section.

(gg) Section 91.509 of this 

chapter.

Applies to powered-lift subject to the requirements of subpart F 

to part 91 of this chapter as specified in paragraph (cc) of this 

section.

(1) Powered-lift operating over water under § 91.509(a) or (b) of 

this chapter may use either the nearest shore or the nearest 

off-shore heliport structure by which to measure the nautical 

mile limits provided in § 91.509(a) and (b). 

(2) The lifeline required by § 91.509(b)(5) of this chapter must 

be stored in accordance with § 25.1411(g) of this chapter or 

such airworthiness criteria as the FAA may find provide an 

equivalent level of safety in accordance with § 21.17(b) of this 

chapter. 

(hh) Section 91.511 of this 

chapter.

Applies to powered-lift subject to the requirements of subpart F 

to part 91 of this chapter as specified in paragraph (cc) of this 

section.

Powered-lift operating over water under § 91.511(a) of this chapter may use either the nearest shore or the nearest off-shore 

heliport structure by which to measure the nautical mile limits 

provided in § 91.511(a). 

(ii) Section 91.513 of this chapter.Applies to powered-lift subject to the requirements of subpart F 

to part 91 of this chapter as specified in paragraph (cc) of this 

section.

(jj) Section 91.515 of this chapter.Applies to powered-lift subject to the requirements of subpart F 

to part 91 of this chapter as specified in paragraph (cc) of this 

section.

(kk) Section 91.517 of this 

chapter.

Applies to powered-lift subject to the requirements of subpart F 

to part 91 of this chapter as specified in paragraph (cc) of this 

section.


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TABLE 1 TO § 194.302—Continued 

Regulation Applicability Additional requirements or clarification 

(ll) Section 91.519 of this chapter.Applies to powered-lift subject to the requirements of subpart F 

to part 91 of this chapter as specified in paragraph (cc) of this 

section.

(mm) Section 91.521 of this 

chapter.

Applies to large powered-lift subject to the requirements of subpart F to part 91 of this chapter as specified in paragraph (cc) 

of this section.

The safety belt and shoulder harness required by § 91.521 of 

this chapter must comply with § 25.785 of this chapter or such 

airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. 

(nn) Section 91.523 of this 

chapter.

Applies to powered-lift having a seating capacity of more than 

19 passengers subject to the requirements of subpart F to 

part 91 of this chapter as specified in paragraph (cc) of this 

section.

The carry-on baggage required by § 91.523 of this chapter must 

be stowed such that it can withstand the inertia forces specified in § 25.561(b)(3) of this chapter or such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. 

(oo) Section 91.525 of this 

chapter.

Applies to powered-lift subject to the requirements of subpart F 

to part 91 of this chapter as specified in paragraph (cc) of this 

section.

(pp) Section 91.527(a) of this 

chapter.

Applies to powered-lift subject to the requirements of subpart F 

to part 91 of this chapter as specified in paragraph (cc) of this 

section.

(1) Powered-lift critical surfaces, as outlined in the Aircraft Flight 

Manual for that aircraft, must also be determined to be free of 

frost, ice, or snow. 

(2) Powered-lift critical surfaces under this section are determined by the manufacturer. 

(qq) Section 91.527(b)(2) and 

(3) of this chapter.

Applies to powered-lift subject to the requirements of subpart F 

to part 91 of this chapter as specified in paragraph (cc) of this 

section.

Instead of § 91.527(b)(2) and (3) of this chapter, to operate instrument flight rules (IFR) into known light or moderate icing 

conditions or VFR into known light or moderate icing conditions, an operator must comply with § 194.306(xx). 

(rr) Section 91.527(c) of this 

chapter.

Applies to powered-lift subject to the requirements of subpart F 

to part 91 of this chapter as specified in paragraph (cc) of this 

section.

No pilot may fly a powered-lift into known or forecast severe 

icing conditions. 

(ss) Section 91.531(a)(1) and 

(2), (b), and (c) of this chapter.

Applies to powered-lift subject to the requirements of subpart F 

to part 91 of this chapter as specified in paragraph (cc) of this 

section and that meet the additional requirements as set forth 

in each paragraph of § 91.531 of this chapter; § 91.531(b)(2) 

of this chapter applies to large powered-lift that meet the additional requirements set forth in that paragraph.

(tt) Section 91.533 of this chapter.Applies to powered-lift subject to the requirements of subpart F 

to part 91 of this chapter as specified in paragraph (cc) of this 

section.

Part 91, Subpart G—Additional Equipment and Operating Requirements for Large and Transport Category Aircraft 

(uu) Section 91.603 of this 

chapter.

Applies to large powered-lift ......................................................... The aural speed warning device required by § 91.603 of this 

chapter must comply with § 25.1303(c)(1) of this chapter or 

such airworthiness criteria as the FAA may find provide an 

equivalent level of safety in accordance with § 21.17(b) of this 

chapter. 

(vv) Section 91.605(b)(1) of this 

chapter.

Applies to large powered-lift ......................................................... The Aircraft Flight Manual must contain the takeoff weight performance information. 

(ww) Section 91.605(b)(2) of 

this chapter.

Applies to large powered-lift ......................................................... The Aircraft Flight Manual must contain the landing performance 

information. 

(xx) Section 91.605(b)(3), 

(b)(4)(ii), and (c) of this chapter.

Applies to large powered-lift that execute takeoff operations 

using wing-borne lift and that have takeoff performance information contained in the Aircraft Flight Manual.

(yy) Section 91.609(c), (d), (e), 

(i), and (j) of this chapter.

Paragraph (c) of § 91.609 of this chapter applies to powered-lift 

with a passenger seating configuration, excluding any pilot 

seats, of 10 or more seats; § 91.609(e) of this chapter applies 

to powered-lift with a passenger seating configuration of six or 

more seats and for which two pilots are required by type certification or operating rule; § 91.609(d) of this chapter applies 

to powered-lift required by that section to have a flight data 

recorder; and § 91.609(i) and (j) of this chapter apply to powered-lift required by that section to have a cockpit voice recorder and a flight data recorder.

(1) Operators of powered-lift having a passenger seating configuration, excluding any pilot seat, of 10 or more must comply with § 194.310 or § 194.311 in lieu of the appendices referenced in § 91.609(c)(1) of this chapter. 

(2) For compliance with § 91.609(c)(3), (e)(1), and (i) of this 

chapter, powered-lift must comply with the certification provisions listed in those paragraphs or such airworthiness criteria 

as the FAA may find provide an equivalent level of safety in 

accordance with § 21.17(b) of this chapter. 

(3) Under § 91.609(d) of this chapter, the flight recorder must 

operate continuously from the earlier of when the powered-lift 

begins the takeoff roll or begins lift-off until the later of when 

the powered-lift completes the landing roll or lands at its destination. 

(zz) Section 91.613(b)(2) of this 

chapter.

Applies to large powered-lift ......................................................... The thermal/acoustic installation materials required by 

§ 91.613(b)(2) of this chapter must meet the requirements of 

§ 25.856 of this chapter or such airworthiness criteria as the 

FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. 

Part 91, Subpart K—Fractional Ownership Operations 

(aaa) Section 91.1037 of this 

chapter.

Applies to large powered-lift subject to the requirements of subpart K to part 91 of this chapter that are certificated to conduct landing operations in wing-borne flight mode as indicated 

in the Aircraft Flight Manual.

If a powered-lift operator is required to comply with this section, 

the operator must also comply with § 91.1025(o)(7) of this 

chapter. 

(bbb) Section 91.1041(b) and 

(d) of this chapter.

Applies to all powered-lift subject to the requirements of subpart 

K to part 91 of this chapter.


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Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92503 

TABLE 1 TO § 194.302—Continued 

Regulation Applicability Additional requirements or clarification 

(ccc) Section 91.1045(a) of this 

chapter.

Applies to powered-lift subject to the requirements of subpart K 

to part 91 of this chapter with a passenger-seat configuration 

of more than 30 seats or a payload capacity of more than 

7,500 pounds.

Under § 91.1045(a)(3) of this chapter, instead of TAWS, powered-lift must be equipped with a helicopter terrain awareness 

and warning system (HTAWS) that meets the requirements in 

TSO–C194 and Section 2 of RTCA DO–309 (incorporated by 

reference, see § 194.109) or a FAA-approved TAWS A/ 

HTAWS hybrid system. 

(ddd) Section 91.1045(b) of this 

chapter.

Applies to powered-lift subject to the requirements of subpart K 

to part 91 of this chapter with a passenger-seat configuration 

of 30 seats or fewer, excluding each crewmember, and a payload capacity of 7,500 pounds or less.

Compliance with § 91.1045(b)(3) of this chapter requires a helicopter terrain awareness and warning system that complies 

with § 194.306(s). 

TABLE 1 TO § 194.302 

Regulation Applicability Additional requirements or clarification 

Part 91, Subpart A—General 

(a) Section 91.9 (a) and (b) of 

this chapter.

Applies to all powered-lift .............................................................. The requirement for an approved Aircraft Flight Manual is set 

forth in the airworthiness criteria established under § 21.17(b) 

of this chapter. 

Part 91, Subpart B—Flight Rules 

(b) Section 91.103(b)(1) of this 

chapter.

Applies to powered-lift for which an approved Aircraft Flight 

Manual containing takeoff and landing distance data is required.

(c) Section 91.107(a)(3)(i) 

through (iii) of this chapter.

Applies to all powered-lift .............................................................. The exception under § 91.107(a)(3) of this chapter for seaplane 

and float equipped rotorcraft operations during movement on 

the surface applies to persons pushing off a powered-lift from 

the dock or persons mooring the powered-lift at the dock. 

(d) Section 91.119(d) of this 

chapter.

Applies to powered-lift operating in vertical-lift flight mode .......... Under § 91.119(d) of this chapter, a powered-lift may be operated in vertical-lift flight mode at less than the minimums prescribed in § 91.119(b) or (c) of this chapter, provided each 

person operating the powered-lift complies with any routes or 

altitudes specifically prescribed for powered-lift by the FAA. 

(e) Section 91.126(b)(1) of this 

chapter.

Applies to powered-lift operating in wing-borne flight mode ........ If the powered-lift is operating in vertical-lift flight mode, see 

paragraph (f) of this section. 

(f) Section 91.126(b)(2) of this 

chapter.

Applies to powered-lift operating in vertical-lift flight mode .......... If the powered-lift is operating in wing-borne flight mode, see 

paragraph (e) of this section. 

(g) Section 91.129(e)(1) and (2), 

(g)(2), and (h) of this chapter.

Applies to large or turbine-powered powered-lift. 

(h) Section 91.129(e)(3) of this 

chapter.

Applies to powered-lift preparing to land in wing-borne flight 

mode.

(i) Section 91.129(f)(1) of this 

chapter.

Applies to powered-lift operating in wing-borne flight mode ........ (1) If the powered-lift is operating in vertical-lift flight mode, see 

paragraph (j) of this section. 

(2) Section 91.129(f)(1) does not apply when the operator of a 

powered-lift is conducting a circling approach under part 97 of 

this chapter or when otherwise requested by air traffic control 

(ATC). 

(j) Section 91.129(f)(2) of this 

chapter.

Applies to powered-lift operating in vertical-lift flight mode .......... (1) If the powered-lift is operating in wing-borne flight mode, see 

paragraph (i) of this section. 

(2) Section 91.129(f)(2) does not apply when the operator of a 

powered-lift is conducting a circling approach under part 97 of 

this chapter or when otherwise requested by ATC. 

(k) Section 91.131(a)(2) of this 

chapter.

Applies to large powered-lift. 

(l) Section 91.151(a) and (b) of 

this chapter.

Applies to powered-lift ................................................................... (1) A powered-lift with the performance capability, as outlined in 

the Aircraft Flight Manual, to conduct a landing in the verticallift flight mode along the entire route of flight may use the 

VFR fuel requirements outlined in § 91.151(b). 

(2) Powered-lift unable to meet the requirements of paragraph 

(l)(1) of this section must use the rule requirements outlined in 

§ 91.151(a). 

(m) Section 91.155(a) of this 

chapter.

The helicopter provision under § 91.155(a) applies to poweredlift operating in vertical-lift flight mode and at a speed that allows the pilot to see any other traffic or obstructions in time to 

avoid a collision.

(1) Except as provided in § 91.155(b), powered-lift that meet the 

requirements of paragraph (m) of this section may operate 

under the helicopter VFR visibility minimums outlined under 

§ 91.155(a) in class G airspace. 

(2) Powered-lift unable to meet the requirements of paragraph 

(m) of this section must use the VFR visibility minimums in 

§ 91.155(a) for aircraft other than helicopters. 

(n) Section 91.155(b)(1) of this 

chapter.

Applies to powered-lift operating in the vertical-lift flight mode 

and at a speed that allows the pilot to see any other traffic or 

obstructions in time to avoid a collision.

(1) Powered-lift that meet the requirements of paragraph (n) of 

this section may use the VFR visibility minimums outlined in 

§ 91.155(b)(1) in Class G airspace. 

(2) Powered-lift unable to meet the requirements of paragraph 

(n) of this section must use the visibility minimums outlined in 

§ 91.155(b)(2). 

(o) Section 91.155(b)(2) of this 

chapter.

Applies to powered-lift ................................................................... Powered-lift operating in Class G airspace that cannot meet the 

requirements of paragraph (n) of this section must use the 

VFR visibility minimums outlined under § 91.155(b)(2). 


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92504 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 

TABLE 1 TO § 194.302—Continued 

Regulation Applicability Additional requirements or clarification 

(p) Section 91.157(b)(3), (b)(4), 

and (c) of this chapter.

The helicopter exceptions outlined in § 91.157(b)(3), (b)(4), and 

(c) apply to powered-lift operating in vertical-lift flight mode 

when those aircraft are operated at a speed that allows the 

pilot to see any other traffic or obstructions in time to avoid a 

collision.

(q) Section 91.167(a)(3) and 

(b)(2)(ii) of this chapter.

The helicopter provisions in § 91.167(a)(3) and (b)(2)(ii) apply to 

powered-lift authorized to conduct copter procedures and that 

have the performance capability for the entire flight to conduct 

a landing in the vertical-lift flight mode, as outlined in the Aircraft Flight Manual.

(1) Powered-lift that meet the requirements of paragraph (q) of 

this section may use the helicopter provisions under 

§ 91.167(a)(3) and 91.167(b)(2)(ii). 

(2) Powered-lift that are unable to meet the requirements outlined in paragraph (q) of this section must use the 45-minute 

fuel requirement outlined in § 91.167(a)(3) and the aircraft requirement outlined in § 91.167(b)(2)(i). 

(r) Section 91.169(b)(2)(ii) and 

(c)(1)(ii) of this chapter.

Applies to powered-lift authorized to conduct copter procedures 

and that have the performance capability to land in the 

vertical-lift flight mode, as outlined in the Aircraft Flight Manual.

(1) Powered-lift that meet the requirements of paragraph (r) of 

this section may use the helicopter provisions specified in 

§ 91.169(b)(2)(ii) and § 91.169(c)(1)(ii). 

(2) Powered-lift that are unable to meet the requirements outlined in paragraph (r) of this section must use the requirements for aircraft other than helicopters under 

§ 91.169(b)(2)(i) and (c)(1)(i). 

(s) Section 91.175(f)(2)(iii) of 

this chapter.

Applies to powered-lift with two engines or less, that takeoff in 

vertical-lift flight mode, and that are authorized to conduct 

copter procedures.

Powered-lift with two engines or less that are unable to meet 

the requirements outlined in this paragraph (s) must comply 

with § 91.175(f)(2)(i). 

(t) Section 91.175(f)(4)(i) of this 

chapter.

Applies to part 135 powered-lift operators required to comply 

with subpart I to part 135 of this chapter.

Part 91, Subpart C—Equipment, Instrument, and Certificate Requirements 

(u) Section 91.205(b)(11) and 

(14).

Applies to small powered-lift ......................................................... Position and anti-collision lights must meet § 23.2530(b) of this 

chapter. 

(v) Section 91.205(d)(3)(i) ......... Applies to powered-lift certified for instrument flight rules operations.

(w) Section 91.207 .................... Applies to all powered-lift. 

(x) Section 91.219 ..................... Applies to all powered-lift. 

(y) Section 91.223(a) and (c) .... Applies to powered-lift configured with 6 or more passenger 

seats, excluding any pilot seat.

Instead of terrain awareness and warning system (TAWS), powered-lift must be equipped with a helicopter terrain awareness 

and warning system (HTAWS) that meets the requirements in 

Technical Standard Order (TSO)–C194 and Section 2 of 

RTCA DO–309 (incorporated by reference, see § 194.109) or 

a FAA-approved TAWS A/HTAWS hybrid system. 

Part 91, Subpart D—Special Flight Operations 

(z) Section 91.313(g) ................. Applies to restricted category small powered-lift. 

Part 91, Subpart E—Maintenance, Preventive Maintenance, and Alterations 

(aa) Section 91.409(e) through 

(h).

Applies to technically-advanced powered-lift which are poweredlift equipped with an electronically advanced system in which 

the pilot interfaces with a multi-computer system with increasing levels of automation in order to aviate, navigate, or communicate.

(1) Unless otherwise authorized by the Administrator, a technically advanced powered-lift must be equipped with an electronically advanced multi-computer system that includes one 

or more of the following installed components: 

(i) An electronic Primary Flight Display (PFD) that includes, at a 

minimum, an airspeed indicator, turn coordinator, attitude indicator, heading indicator, altimeter, and vertical speed indicator; 

(ii) An electronic Multifunction Display (MFD) that includes, at a 

minimum, a moving map using Global Positioning System 

(GPS) navigation with the aircraft position displayed; 

(iii) A multi-axis autopilot integrated with the navigation and 

heading guidance system; and 

(iv) Aircraft design with advanced fly-by-wire-flight control system that utilizes electronically operated controls with no direct 

mechanical link from the pilot to the control surfaces. 

(2) The display elements described in paragraphs (aa)(1)(i) and 

(ii) of this section must be continuously visible. 

(bb) Section 91.411 ................... Applies to all powered-lift.

Part 91, Subpart F—Large and Turbine-Powered Multiengine Airplanes and Fractional Ownership Program Aircraft 

(cc) Section 91.501 ................... Applies to large powered-lift regardless of powerplant, as well 

as powered-lift operating under subpart K to part 91, and subject to any limitations outlined in this SFAR.

Any sections or paragraphs within sections to subpart F to part 

91 that refer to a specific category of aircraft and that are not 

referenced in the SFAR tables to this section or § 194.306, do 

not apply to powered-lift. 

(dd) Section 91.503 ................... Applies to powered-lift subject to the requirements of subpart F 

to part 91 as specified in paragraph (cc) of this section.

Powered-lift may comply with § 91.503(a)(5) by having the appropriate engine or multiple-engines inoperative climb performance data available at the pilot station of the aircraft. 

(ee) Section 91.505 ................... Applies to powered-lift subject to the requirements of subpart F 

to part 91 as specified in paragraph (cc) of this section.

(ff) Section 91.507 ..................... Applies to powered-lift subject to the requirements of subpart F 

to part 91 as specified in paragraph (cc) of this section.


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TABLE 1 TO § 194.302—Continued 

Regulation Applicability Additional requirements or clarification 

(gg) Section 91.509 ................... Applies to powered-lift subject to the requirements of subpart F 

to part 91 as specified in paragraph (cc) of this section.

(1) Powered-lift operating over water under § 91.509(a) or (b) 

may use either the nearest shore or the nearest off-shore heliport structure by which to measure the nautical mile limits 

provided in § 91.509(a) and (b). 

(2) The lifeline required by § 91.509(b)(5) must be stored in accordance with § 25.1411(g) of this chapter or such airworthiness criteria as the FAA may find provide an equivalent level 

of safety in accordance with § 21.17(b) of this chapter. 

(hh) Section 91.511 ................... Applies to powered-lift subject to the requirements of subpart F 

to part 91 as specified in paragraph (cc) of this section.

Powered-lift operating over water under § 91.511(a) may use either the nearest shore or the nearest off-shore heliport structure by which to measure the nautical mile limits provided in 

§ 91.511(a). 

(ii) Section 91.513 ..................... Applies to powered-lift subject to the requirements of subpart F 

to part 91 as specified in paragraph (cc) of this section.

(jj) Section 91.515 ..................... Applies to powered-lift subject to the requirements of subpart F 

to part 91 as specified in paragraph (cc) of this section.

(kk) Section 91.517 ................... Applies to powered-lift subject to the requirements of subpart F 

to part 91 as specified in paragraph (cc) of this section.

(ll) Section 91.519 ..................... Applies to powered-lift subject to the requirements of subpart F 

to part 91 as specified in paragraph (cc) of this section.

(mm) Section 91.521 ................. Applies to large powered-lift subject to the requirements of subpart F to part 91 as specified in paragraph (cc) of this section.The safety belt and shoulder harness required by § 91.521 must 

comply with § 25.785 of this chapter or such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. 

(nn) Section 91.523 ................... Applies to powered-lift having a seating capacity of more than 

19 passengers subject to the requirements of subpart F to 

part 91 as specified in paragraph (cc) of this section.

The carry-on baggage required by § 91.523 must be stowed 

such that it can withstand the inertia forces specified in 

§ 25.561(b)(3) of this chapter or such airworthiness criteria as 

the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. 

(oo) Section 91.525 ................... Applies to powered-lift subject to the requirements of subpart F 

to part 91 as specified in paragraph (cc) of this section.

(pp) Section 91.527(a) ............... Applies to powered-lift subject to the requirements of subpart F 

to part 91m as specified in paragraph (cc) of this section.

(1) Powered-lift critical surfaces, as outlined in the Aircraft Flight 

Manual for that aircraft, must also be determined to be free of 

frost, ice, or snow. 

(2) Powered-lift critical surfaces under this section are determined by the manufacturer. 

(qq) Section 91.527(b)(2) and 

(3).

Applies to powered-lift subject to the requirements of subpart F 

to part 91 as specified in paragraph (cc) of this section.

Instead of § 91.527(b)(2) and (3), to operate instrument flight 

rules (IFR) into known light or moderate icing conditions or 

VFR into known light or moderate icing conditions, an operator must comply with § 194.306(xx). 

(rr) Section 91.527(c) ................ Applies to powered-lift subject to the requirements of subpart F 

to part 91 as specified in paragraph (cc) of this section.

No pilot may fly a powered-lift into known or forecast severe 

icing conditions. 

(ss) Section 91.531(a)(1) and 

(2), (b), and (c).

Applies to powered-lift subject to the requirements of subpart F 

to part 91 as specified in paragraph (cc) of this section and 

that meet the additional requirements as set forth in each 

paragraph of § 91.531. Section 91.531(b)(2) applies to large 

powered-lift that meet the additional requirements set forth in 

that paragraph.

(tt) Section 91.533 ..................... Applies to powered-lift subject to the requirements of subpart F 

to part 91 as specified in paragraph (cc) of this section.

Part 91, Subpart G—Additional Equipment and Operating Requirements for Large and Transport Category Aircraft 

(uu) Section 91.603 ................... Applies to large powered-lift ......................................................... The aural speed warning device required by § 91.603 must comply with § 25.1303(c)(1) of this chapter or such airworthiness 

criteria as the FAA may find provide an equivalent level of 

safety in accordance with § 21.17(b) of this chapter. 

(vv) Section 91.605(b)(1) ........... Applies to large powered-lift ......................................................... The Aircraft Flight Manual must contain the takeoff weight performance information. 

(ww) Section 91.605(b)(2) ......... Applies to large powered-lift ......................................................... The Aircraft Flight Manual must contain the landing performance 

information. 

(xx) Section 91.605(b)(3), 

(b)(4)(ii), and (c).

Applies to large powered-lift that execute takeoff operations 

using wing-borne lift and that have takeoff performance information contained in the Aircraft Flight Manual.

(yy) Section 91.609(c), (d), (e), 

(i), and (j).

Paragraph (c) of § 91.609 applies to powered-lift with a passenger seating configuration, excluding any pilot seats, of 10 

or more seats; paragraph (e) of § 91.609 applies to poweredlift with a passenger seating configuration of six or more seats 

and for which two pilots are required by type certification or 

operating rule; paragraph (d) of § 91.609 applies to poweredlift required by that section to have a flight data recorder; and 

paragraphs (i) and (j) of § 91.609 apply to powered-lift required by that section to have a cockpit voice recorder and a 

flight data recorder.

(1) Operators of powered-lift having a passenger seating configuration, excluding any pilot seat, of 10 or more must comply with § 194.310 or § 194.311 in lieu of the appendices referenced in § 91.609(c)(1). 

(2) For compliance with § 91.609(c)(3), (e)(1), and (i), poweredlift must comply with the certification provisions listed in those 

paragraphs or such airworthiness criteria as the FAA may find 

provide an equivalent level of safety in accordance with 

§ 21.17(b) of this chapter. 

(3) Under § 91.609(d), the flight recorder must operate continuously from the earlier of when the powered-lift begins the 

takeoff roll or begins lift-off until the later of when the powered-lift completes the landing roll or lands at its destination. 


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92506 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 

TABLE 1 TO § 194.302—Continued 

Regulation Applicability Additional requirements or clarification 

(zz) Section 91.613(b)(2) ........... Applies to large powered-lift ......................................................... The thermal/acoustic installation materials required by 

§ 91.613(b)(2) must meet the requirements of § 25.856 of this 

chapter or such airworthiness criteria as the FAA may find 

provide an equivalent level of safety in accordance with 

§ 21.17(b) of this chapter. 

Part 91, Subpart K—Fractional Ownership Operations 

(aaa) Section 91.1037 ............... Applies to large powered-lift subject to the requirements of subpart K to part 91 that are certificated to conduct landing operations in wing-borne flight mode as indicated in the Aircraft 

Flight Manual.

If a powered-lift operator is required to comply with this section, 

the operator must also comply with § 91.1025(o)(7) of this 

chapter. 

(bbb) Section 91.1041(b) and 

(d).

Applies to all powered-lift subject to the requirements of subpart 

K to part 91.

(ccc) Section 91.1045(a) ........... Applies to powered-lift subject to the requirements of subpart K 

to part 91 with a passenger-seat configuration of more than 

30 seats or a payload capacity of more than 7,500 pounds.

Under § 91.1045(a)(3), instead of TAWS, powered-lift must be 

equipped with a helicopter terrain awareness and warning 

system (HTAWS) that meets the requirements in Technical 

Standard Order (TSO)–C194 and Section 2 of RTCA DO–309 

(incorporated by reference, see § 194.109) or a FAA-approved TAWS A/HTAWS hybrid system. 

(ddd) Section 91.1045(b) ........... Applies to powered-lift subject to the requirements of subpart K 

to part 91 with a passenger-seat configuration of 30 seats or 

fewer, excluding each crewmember, and a payload capacity 

of 7,500 pounds or less.

Compliance with § 91.1045(b)(3) requires a helicopter terrain 

awareness and warning system that complies with 

§ 194.306(s). 

§ 194.303 IFR takeoff, approach, and 

landing minimums. 

Section 91.1039(c) of this chapter 

applies to all powered-lift operated 

under subpart K to part 91 of this 

chapter regardless of powerplant type. 

§ 194.304 ATC transponder and altitude 

reporting equipment and use. 

Notwithstanding § 194.301, the 

exceptions outlined in § 91.215(b)(3) 

and (5) of this chapter for aircraft not 

certificated with an engine-driven 

electrical system do not apply to 

powered-lift. 

§ 194.305 Applicability of copter 

procedures under part 97 of this chapter to 

powered-lift. 

Persons operating powered-lift may 

use copter procedures as defined in 

§ 97.3 of this chapter if the aircraft is 

certified for instrument flight rule 

operations and does not contain a 

limitation prohibiting use of such 

procedures in its Aircraft Flight Manual. 

§ 194.306 Provisions under part 135 of this 

chapter applicable to powered-lift. 

No person may operate a powered-lift 

under part 135 of this chapter unless 

that person complies with the 

regulations listed in the first column of 

table 1 to this section, notwithstanding 

their applicability to airplanes, 

helicopters, or rotorcraft, subject to the 

applicability provisions in the second 

column and any additional 

requirements or clarification specified 

in the third column. 

TABLE 1 TO § 194.306 

Regulation Applicability Additional requirements or clarification 

Part 135, Subpart A—General 

(a) Section 135.1(a)(9) of this 

chapter.

Applies to powered-lift conducting operations in accordance with 

subpart L of part 135 of this chapter.

(b) Section 135.23(r) of this 

chapter.

Applies to powered-lift required to comply with § 135.385 of this 

chapter as set forth in paragraphs (hhh) and (iii) of this section.

Part 135, Subpart B—Flight Operations 

(c) Section 135.93(a) through (f) 

of this chapter.

Applies to all powered-lift .............................................................. (1) The requirements referencing an Airplane Flight Manual 

under § 135.93(b) of this chapter apply to a powered-lift’s Aircraft Flight Manual. 

(2) Under § 135.93(c) of this chapter, no person operating a 

powered-lift may use an autopilot enroute, including climb and 

descent, below the following— 

(i) Either: 

(A) At a minimum engagement altitude specified in the Aircraft 

Flight Manual; or 

(B) If no minimum engagement altitude is specified, 500 feet, or 

at an altitude that is no lower than twice the altitude loss 

specified in the Aircraft Flight Manual for an autopilot malfunction in cruise conditions, whichever is greater; or 

(ii) Notwithstanding the requirements of paragraphs (c)(2)(i)(A) 

and (B) of this section, at an altitude specified by the Administrator. 

(d) Section 135.117(a)(9) of this 

chapter.

Applies to powered-lift conducting operations beyond the 

autorotational distance from the shoreline, as defined in 

§ 135.168(a) of this chapter, or gliding distance of a shoreline.


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TABLE 1 TO § 194.306—Continued 

Regulation Applicability Additional requirements or clarification 

(e) Section 135.128(a) of this 

chapter.

Applies to all powered-lift .............................................................. The exception under § 135.128(a) of this chapter for seaplane 

and float equipped rotorcraft operations during movement on 

the surface applies to persons pushing off a powered-lift from 

the dock or persons mooring the powered-lift at the dock. 

Part 135, Subpart C—Aircraft and Equipment 

(f) Section 135.145(b) of this 

chapter.

Applies to all powered-lift unless the certificate holder has previously proven a powered-lift under part 135 of this chapter.

(g) Section 135.145(d)(1) of this 

chapter.

Applies to all powered-lift unless a powered-lift of the same 

make or similar design has been proven or validated by that 

certificate holder under part 135 of this chapter.

(h) Section 135.150(a)(7) of this 

chapter.

Applies to large powered-lift with a passenger seating configuration, excluding any pilot seat, of more than 19.The public address system required by § 135.150(a)(7) of this 

chapter must comply with § 25.1423 of this chapter or such 

airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. 

(i) Section 135.150(b)(7) of this 

chapter.

Applies to large powered-lift with a passenger seating configuration, excluding any pilot seat, of more than 19.The crewmember interphone system must comply with the requirements of § 135.150(b)(7) of this chapter or such airworthiness criteria as the FAA may find provide an equivalent 

level of safety in accordance with § 21.17(b) of this chapter. 

(j) Section 135.151(a) of this 

chapter.

Applies to powered-lift with a passenger seating configuration of 

six or more seats and for which two pilots are required by certification or operating rules.

The cockpit voice recorder must be installed and equipped in 

accordance with the certification provisions listed in 

§ 135.151(a)(1) of this chapter or such airworthiness criteria 

as the FAA may find provide an equivalent level of safety in 

accordance with § 21.17(b) of this chapter. 

(k) Section 135.151(b) of this 

chapter.

Applies to powered-lift with a passenger seating configuration of 

20 or more seats.

The cockpit voice recorder must be installed and equipped in 

accordance with the certification provisions listed in 

§ 135.151(b)(1) of this chapter or such airworthiness criteria 

as the FAA may find provide an equivalent level of safety in 

accordance with § 21.17(b) of this chapter. 

(l) Section 135.151(d) of this 

chapter.

Applies to large powered-lift or powered-lift equipped with a 

cockpit voice recorder.

The cockpit voice recorder required by § 135.151(d) of this 

chapter must record the uninterrupted audio signal received 

by a boom or mask microphone in accordance with 

§ 25.1457(c)(5) of this chapter or such airworthiness criteria 

as the FAA may find provide an equivalent level of safety in 

accordance with § 21.17(b) of this chapter. 

(m) Section 135.151(g)(1) of 

this chapter.

Applies to powered-lift with a passenger seating configuration of 

six or more seats, for which two pilots are required by certification or operating rules, and that are required to have a flight 

data recorder under § 135.152 of this chapter.

The cockpit voice recorder must be installed and equipped in 

accordance with the appropriate certification provisions listed 

in § 135.151(g)(1)(i) and (iv) of this chapter or such airworthiness criteria as the FAA may find provide an equivalent level 

of safety in accordance with § 21.17(b) of this chapter. 

(n) Section 135.151(g)(2) of this 

chapter.

Applies to powered-lift with a passenger seating configuration of 

20 or more seats and that is required to have a flight data recorder under § 135.152 of this chapter.

The cockpit voice recorder must be installed and equipped in 

accordance with the appropriate certification provisions listed 

in § 135.151(g)(2)(i) and (iv) of this chapter or such airworthiness criteria as the FAA may find provide an equivalent level 

of safety in accordance with § 21.17(b) of this chapter. 

(o) Section 135.151(h) of this 

chapter.

Applies to powered-lift required to have a cockpit voice recorder 

and a flight data recorder under part 135 with installed 

datalink communication equipment.

(p) Section 135.152(a) of this 

chapter.

Section 135.152(a) of this chapter applies to powered-lift with a 

passenger seating configuration of 10 to 19 seats.

Powered-lift operators must comply with § 194.312 or § 194.313 

in lieu of the appendices referenced in § 135.152 of this chapter. 

(q) Section 135.152(b) introductory text and (b)(3) of this 

chapter.

Section 135.152(b) introductory text and (b)(3) apply to powered-lift with a passenger seating configuration of 20 to 30 

seats.

(r) Section 135.152(c), (d), (f), 

and (j) of this chapter.

Applies to powered-lift with a passenger seating configuration, 

excluding crewmember seats, of 10 to 30.

(1) The flight recorder must be installed and equipped in accordance with the appropriate certification provisions listed in 

§ 135.152 of this chapter or such airworthiness criteria as the 

FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. 

(2) Certificate holders must keep the recorded data until the 

powered-lift has been operating for at least 25 hours. 

(3) The powered-lift flight recorder must be operated continuously from the instant the powered-lift begins the takeoff roll 

or lift-off until the landing is completed. 

(s) Section 135.154(a) and (c) 

of this chapter.

Applies to powered-lift configured with 6 or more passenger 

seats, excluding any pilot seat.

Instead of TAWS, powered-lift must be equipped with a helicopter terrain awareness and warning system (HTAWS) that 

meets the requirements in TSO–C194 and Section 2 of RTCA 

DO–309 (incorporated by reference, see § 194.109) or a FAAapproved TAWS A/HTAWS hybrid system. 

(t) Section 135.158 of this chapter.Applies to powered-lift equipped with a flight instrument pitot 

heating system.

Under § 135.158(a) of this chapter, no person may operate a 

powered-lift equipped with a flight instrument pitot heating 

system unless the aircraft is also equipped with an operable 

pitot heat indication system that complies with § 23.2605 or 

§ 25.1326 of this chapter, or such airworthiness criteria as the 

FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter that provides an alert that 

is in clear view of a flightcrew member. 

(u) Section 135.159(a)(1) of this 

chapter.

Applies to powered-lift with a third attitude instrument system 

that meets the requirements of § 135.159(a)(1) of this chapter.


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92508 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 

TABLE 1 TO § 194.306—Continued 

Regulation Applicability Additional requirements or clarification 

(v) Section 135.160 of this 

chapter.

Applies to all powered-lift.

(w) Section 135.163(g) of this 

chapter.

Applies to all powered-lift .............................................................. The two required generators may be mounted on a drivetrain 

that is driven by two separate powerplants as outlined in 

§ 135.163(g) of this chapter for multi-engine helicopters. 

(x) Section 135.165(d) of this 

chapter.

Applies to powered-lift having a passenger seat configuration, 

excluding any pilot seat, of 10 seats or more, or a powered-lift 

in a commuter operation, as defined in part 119 of this chapter.

(y) Section 135.165(g)(1) of this 

chapter.

Applies to powered-lift for purposes of approving a single longrange navigation system and a single long-range communication system for extended over-water operations.

(z) Section 135.168 of this 

chapter.

Applies to powered-lift operating beyond autorotational distance 

or gliding distance from the shoreline.

(1) The life preserver required by § 135.168(b)(1) of this chapter 

need not be worn but must be readily available for its intended use and easily accessible to each occupant when the 

powered-lift is a multiengine aircraft operated at a weight that 

will allow it to climb, with the critical engine inoperative or 

while experiencing a critical change of thrust, at least 50 feet 

a minute, at an altitude of 1,000 feet above the surface. 

(2) For powered-lift unable to meet the requirements of paragraph (z)(1) of this section, the occupants must wear life preservers during the flight. 

(3) For purposes of paragraphs (z), (ii), (jj), and (kk) of this section, critical change of thrust means a failure that would most 

adversely affect the performance or handling qualities of an 

aircraft. 

(aa) Section 135.169(a) of this 

chapter.

Applies to large powered-lift ......................................................... Powered-lift must comply with appropriate certification provisions listed in § 135.169(a) of this chapter or such airworthiness criteria as the FAA may find provide an equivalent level 

of safety in accordance with § 21.17(b) of this chapter. 

(bb) Section 135.169(b)(1) and 

(b)(8) of this chapter.

Applies to small powered-lift with a passenger seating configuration, excluding pilot seats, of 10 seats or more.(1) Under § 135.169(b)(1) of this chapter, small powered-lift with 

a passenger seating configuration of 10 seats or more must 

comply with the applicable requirements for transport category powered-lift or such airworthiness criteria as the FAA 

may find provide an equivalent level of safety in accordance 

with § 21.17(b) of this chapter. 

(2) Under § 135.169(b)(8) of this chapter, small powered-lift with 

a passenger seating configuration of 10 seats or more must 

comply with the applicable requirements under part 23 of this 

chapter referenced in § 135.169(b)(8) of this chapter or such 

airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. 

(cc) Section 135.169(d) of this 

chapter.

Applies to large powered-lift with a cargo or baggage compartment of 200 cubic feet or greater.The cargo and baggage compartments required by § 135.169(d) 

of this chapter must comply with the certification provisions 

listed in that paragraph or such airworthiness criteria as the 

FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. 

(dd) Section 135.170(b)(1) of 

this chapter.

Applies to large powered-lift; § 135.170(b)(1)(ii) applies to large 

powered-lift with a passenger capacity of 20 or more.

Powered-lift must comply with appropriate certification provisions listed in § 135.170(b)(1) of this chapter or such airworthiness criteria as the FAA may find provide an equivalent 

level of safety in accordance with § 21.17(b) of this chapter. 

(ee) Section 135.170(b)(2) of 

this chapter.

Applies to large powered-lift ......................................................... The seat cushions required by § 135.170(b)(2) of this chapter 

must comply with § 25.853 of this chapter or such airworthiness criteria as the FAA may find provide an equivalent level 

of safety in accordance with § 21.17(b) of this chapter. 

(ff) Section 135.170(c)(2) of this 

chapter.

Applies to large powered-lift ......................................................... The seat cushions required by § 135.170(c)(2) of this chapter 

must comply with § 25.856 of this chapter or such airworthiness criteria as the FAA may find provide an equivalent level 

of safety in accordance with § 21.17(b) of this chapter. 

(gg) Section 135.178 of this 

chapter.

Applies to powered-lift having a passenger-seating configuration 

of more than 19 seats.

The additional emergency equipment must comply with appropriate certification provisions listed in § 135.178 of this chapter 

or such airworthiness criteria as the FAA may find provide an 

equivalent level of safety in accordance with § 21.17(b) of this 

chapter. 

(hh) Section 135.180 of this 

chapter.

Applies to powered-lift with a passenger seat configuration, excluding any pilot seat, of 10 to 30 seats.The Aircraft Flight Manual must contain the information outlined 

in § 135.180(b) of this chapter. 

(ii) Section 135.181(a)(2) of this 

chapter.

Applies to powered-lift ................................................................... No person may operate a multiengine powered-lift carrying passengers over-the-top or in IFR conditions at a weight that will 

not allow it to climb, with the critical engine inoperative or 

while experiencing a critical change of thrust as defined in 

paragraph (z) of this section, at least 50 feet a minute when 

operating at the MEAs of the route to be flown or 5,000 feet 

MSL, whichever is higher. 

(jj) Section 135.181(b) of this 

chapter.

Applies to powered-lift conducting offshore passenger operations.Multiengine powered-lift carrying passengers offshore may conduct such operations in over-the-top or in IFR conditions at a 

weight that will allow the powered-lift to climb at least 50 feet 

per minute with the critical engine inoperative or while experiencing a critical change of thrust as defined in paragraph (z) 

of this section, when operating at the MEA of the route to be 

flown or 1,500 feet MSL, whichever is higher. 


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TABLE 1 TO § 194.306—Continued 

Regulation Applicability Additional requirements or clarification 

(kk) Section 135.183(c) of this 

chapter.

Applies to powered-lift ................................................................... No person may operate a land aircraft carrying passengers over 

water unless it is a multiengine aircraft operated at a weight 

that will allow it to climb, with the critical engine inoperative or 

while experiencing a critical change of thrust as defined in 

paragraph (z) of this section, at least 50 feet a minute, at an 

altitude of 1,000 feet above the surface. 

(ll) Section 135.183(d) of this 

chapter.

Applies if the powered-lift is equipped with flotation devices and 

carrying passengers over water.

Part 135, Subpart D—VFR/IFR Operating Limitations and Weather Requirements 

(mm) Section 135.203(a) of this 

chapter.

Applies to powered-lift except those operating in the vertical-lift 

flight mode under paragraph (nn) of this section.

The Administrator may authorize a lower minimum altitude for a 

powered-lift if the FAA has determined, during type certification, the lower minimum altitude enables a transition from 

wing-borne to vertical-lift flight mode and the aircraft can conduct a safe autorotation, or an approved equivalent maneuver, to a landing but no lower than 300 feet above the surface. 

(nn) Section 135.203(b) of this 

chapter.

Applies to powered-lift operating in vertical-lift flight mode that 

are certificated and able to conduct an autorotation or an approved equivalent maneuver to a landing.

Powered-lift that do not meet the requirements of this paragraph 

(nn) must use the VFR minimum altitudes outlined in paragraph (mm) of this section. 

(oo) Section 135.205(a) of this 

chapter.

Applies to all powered-lift except as provided in paragraph (pp) 

of this section.

(pp) Section 135.205(b) of this 

chapter.

Applies to powered-lift operating in vertical-lift flight mode and at 

a speed that allows the pilot adequate opportunity to see and 

avoid any other air traffic or any obstructions in time to avoid 

a collision.

Powered-lift that do not meet the requirements of this paragraph 

(pp) must use the VFR visibility requirements outlined in 

§ 135.205(a) of this chapter. 

(qq) Section 135.207 of this 

chapter.

Applies if the powered-lift does not have the flight instrumentation listed in § 135.159 of this chapter installed and operable.

(rr) Section 135.209(a) of this 

chapter.

Applies to all powered-lift except as provided in paragraph (ss) 

of this section.

(1) The Administrator may authorize deviations from paragraph 

(a) of § 135.209 of this chapter for specific routes with one or 

more predetermined suitable landing areas if the FAA finds 

the operation can be conducted safely. If the Administrator 

authorizes such a deviation, an operations specification will 

be issued to the operator containing, at a minimum, the specific routes and the VFR fuel reserve specified in minutes. 

The Administrator may, at any time, terminate any grant of 

deviation authority issued under this paragraph. 

(2) Suitable landing area for purposes of this paragraph (rr) and 

paragraph (ss) of this section means an area that provides 

the operator reasonable capability to land without causing 

undue hazard to persons or property. These suitable landing 

areas must be site specific, designated by the operator, and 

accepted by the FAA. 

(ss) Section 135.209(b) of this 

chapter.

Applies to powered-lift with the performance capability, as provided in the Aircraft Flight Manual, for the entire flight to conduct a landing in the vertical-lift flight mode.The Administrator may authorize deviations from § 135.209(b) of 

this chapter for specific routes with one or more predetermined suitable landing areas if the FAA finds the operation 

can be conducted safely. If the Administrator authorizes such 

a deviation, an operations specification will be issued to the 

operator containing, at a minimum, the specific routes and the 

VFR fuel reserve specified in minutes. The Administrator may, 

at any time, terminate any grant of deviation authority issued 

under this paragraph. 

(tt) Section 135.221(b) of this 

chapter.

Applies to powered-lift authorized to conduct copter procedures 

and which can land in the vertical-lift flight mode, as provided 

in the Aircraft Flight Manual.

Powered-lift that do not meet these criteria must use the alternate airport minimums specified for aircraft in § 135.221(a) of 

this chapter. 

(uu) Section 135.223(a)(3) of 

this chapter.

Applies to powered-lift authorized to conduct copter procedures 

and that have the performance capability, as provided in the 

Aircraft Flight Manual, to conduct a landing in the vertical-lift 

flight mode for the entire flight.

(1) A powered-lift that meets the requirements of paragraph (uu) 

of this section may use the 30-minute fuel requirements specified for helicopters in § 135.223(a)(3) of this chapter. 

(2) Powered-lift that are unable to meet the requirements outlined in paragraph (uu) of this section must use the 45-minute 

fuel requirement outlined in § 135.223(a)(3) of this chapter. 

(vv) Section 135.225(e) of this 

chapter.

Applies to all powered-lift.

(ww) Section 135.227(b) of this 

chapter.

Applies to all powered-lift .............................................................. (1) Powered-lift critical surfaces, as outlined in the aircraft flight 

manual for that aircraft, must also be determined to be free of 

frost, ice, or snow. 

(2) Powered-lift critical surfaces under this section are determined by the manufacturer. 

(xx) Section 135.227(d) of this 

chapter.

Applies to powered-lift that are type certificated and appropriately equipped for operations in icing conditions.

(yy) Section 135.229(b)(2)(ii) of 

this chapter.

Applies to powered-lift taking off or landing in vertical-lift flight 

mode and equipped with landing lights oriented in a direction 

that enables the pilot to see the area to be used for landing or 

takeoff marked by reflective material.

If a powered-lift is not taking off or landing in vertical-lift flight 

mode and is not equipped with landing lights oriented in a direction that enables the pilot to see the area to be used for 

landing or takeoff marked by reflective material, the poweredlift must take off or land at an airport with boundary or runway 

marker lights. 


lotter on DSK11XQN23PROD with RULES2
92510 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 

TABLE 1 TO § 194.306—Continued 

Regulation Applicability Additional requirements or clarification 

Part 135, Subpart F—Crewmember Flight Time and Duty Period Limitations and Rest Requirements 

(zz) Section 135.271 of this 

chapter.

Applies to powered-lift conducting operations in accordance with 

subpart L to part 135 of this chapter.

Part 135, Subpart I—Airplane Performance Operating Limitations 

(aaa) Section 135.361(a) of this 

chapter.

As applicable to each powered-lift considering size and certification basis and subject to any limitations outlined in this part.Any sections or paragraphs within sections to subpart I to part 

135 of this chapter that refer to a specific category of aircraft 

and that are not referenced in the table to § 194.302 or this 

table, do not apply to powered-lift. 

(bbb) Section 135.363(b) 

through (e) of this chapter.

As applicable to each powered-lift, regardless of power plant 

type, considering size and certification basis.

(ccc) Section 135.363(f) of this 

chapter.

Applies to powered-lift that must comply with §§ 135.365 

through 135.387 of this chapter as set forth in paragraphs 

(ddd) through (jjj) of this section.

(ddd) Section 135.379(a) and 

(d) of this chapter.

Applies to large powered-lift ......................................................... The Aircraft Flight Manual must contain the takeoff weight performance information. 

(eee) Section 135.379(c), (e), 

(f), and (g) of this chapter.

Applies to large powered-lift certificated to conduct takeoff operations that utilize wing-borne lift as indicated in the aircraft 

flight manual.

The accelerate-stop distance required by § 135.379(c)(1) of this 

chapter must comply with § 25.109 of this chapter or such airworthiness criteria as the FAA may find provide an equivalent 

level of safety in accordance with § 21.17(b) of this chapter. 

(fff) Section 135.381 of this 

chapter.

Applies to large powered-lift.

(ggg) Section 135.383(c) of this 

chapter.

Applies to large powered-lift.

(hhh) Section 135.385(a) of this 

chapter.

Applies to large powered-lift ......................................................... The Aircraft Flight Manual must contain the landing weight performance information. 

(iii) Section 135.385(b), (d), (e), 

and (f) of this chapter.

Applies to large powered-lift certificated to conduct landing operations that utilize wing-borne lift and that have landing performance information contained in the aircraft flight manual.Section 135.385(f) only applies to eligible on-demand operators. 

(jjj) Section 135.387(a) and (b) 

of this chapter.

Applies to large powered-lift certificated to conduct landing operations that utilize wing-borne lift and that have landing performance information contained in the aircraft flight manual.(1) Powered-lift operating under § 135.387(a) of this chapter 

must be able to complete a full stop landing within 60 percent 

of the effective length of the runway. 

(2) Section 135.387(b) only applies to eligible on-demand operators. 

(kkk) Section 135.397(b) of this 

chapter.

Applies to small powered-lift having a passenger-seating configuration of more than 19 seats and that utilize wing-borne lift 

during takeoff and landing.

The Aircraft Flight Manual must contain the takeoff and landing 

weight performance information. 

Part 135, Subpart J—Maintenance, Preventive Maintenance, and Alterations 

(lll) Section 135.429(d) of this 

chapter.

Applies to powered-lift that operate in remote areas or sites.

Part 135, Subpart L—Helicopter Air Ambulance Equipment, Operations, and Training Requirements 

(mmm) Section 135.601 of this 

chapter.

Applies to powered-lift conducting operations in accordance with 

subpart L to part 135 of this chapter.

(nnn) Section 135.603 of this 

chapter.

Applies to powered-lift conducting operations in accordance with 

subpart L to part 135 of this chapter.

(1) Under § 135.603 of this chapter, no certificate holder may 

use, nor may any person serve as, a pilot in command of an 

air ambulance operation unless that person meets the requirements of § 135.243 of this chapter and holds a poweredlift instrument rating or an airline transport pilot certificate with 

a category rating for that aircraft, that is not limited to VFR. 

(2) See § 194.249 of this chapter for references to class in part 

135 of this chapter. 

(ooo) Section 135.605 of this 

chapter.

Applies to powered-lift conducting operations in accordance with 

subpart L to part 135 of this chapter.

Powered-lift must be equipped with a helicopter terrain awareness and warning system (HTAWS) that meets the requirements in TSO–C194 and Section 2 of RTCA DO–309 (incorporated by reference, see § 194.109) or a FAA-approved 

TAWS A/HTAWS hybrid system. 

(ppp) Section 135.607 of this 

chapter.

Applies to powered-lift conducting operations in accordance with 

subpart L to part 135 of this chapter.

(qqq) Section 135.609 of this 

chapter.

Applies to powered-lift conducting operations in accordance with 

subpart L to part 135 of this chapter.

(1) For nonmountainous local flying areas, powered-lift must 

comply with the following weather minimums: 

(i) During day operations in a vertical-lift or wing-borne flight 

mode, a ceiling of 800 feet and visibility of 2 SM; 

(ii) During night operations in a vertical-lift flight mode, a ceiling 

of 800 feet and visibility of 3 SM; and 

(iii) During night operations in a wing-borne flight mode, a ceiling of 1500 feet and visibility of 3 SM. 

(2) For nonmountainous, non-local flying areas, powered-lift 

must comply with the following weather minimums: 

(i) During day operations in a vertical-lift or wing-borne flight 

mode, a ceiling of 800 feet and visibility of 3 SM; 

(ii) During night operations in a vertical-lift flight mode, a ceiling 

of 1000 feet and visibility of 3 SM. 

(iii) During night operations in a wing-borne flight mode, a ceiling of 1500 feet and visibility of 3 SM. 


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Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92511 

TABLE 1 TO § 194.306—Continued 

Regulation Applicability Additional requirements or clarification 

(3) For mountainous local flying areas, powered-lift must comply 

with the following weather minimums: 

(i) During day operations in a vertical-lift or wing-borne flight 

mode, a ceiling of 800 feet and visibility of 3 SM; 

(ii) During night operations in a vertical-lift flight mode, a ceiling 

of 1000 feet and visibility of 3 SM. 

(iii) During night operations in a wing-borne flight mode, a ceiling of 2500 feet and visibility of 3 SM. 

(4) For mountainous non-local flying areas, powered-lift must 

comply with the following weather minimums: 

(i) During day operations in a vertical-lift or wing-borne flight 

mode, a ceiling of 1000 feet and visibility of 3 SM; and 

(ii) During night operations in a vertical-lift flight mode, a ceiling 

of 1000 feet and visibility of 5 SM; 

(iii) During night operations in a wing-borne flight mode, a ceiling of 2500 feet and visibility of 5 SM. 

(rrr) Section 135.611 of this 

chapter.

Applies to powered-lift conducting operations in accordance with 

subpart L to part 135 of this chapter.

(sss) Section 135.613(a) of this 

chapter.

Applies to powered-lift conducting operations in accordance with 

subpart L to part 135 of this chapter.

(1) Section 135.613(a)(1) of this chapter only applies to powered-lift equipped and certified to conduct PinS approaches 

annotated with a ‘‘Proceed VFR’’ segment. 

(2) The applicable VFR weather minimums under 

§ 135.613(a)(2) of this chapter for powered-lift operating in the 

wing-borne flight mode are: 

(i) For Day Operations: No less than a 1000-foot ceiling and 2 

statute miles flight visibility; and 

(ii) For Night Operations: No less than a 1500-foot ceiling and 3 

statute miles flight visibility. 

(3) The applicable VFR weather minimums under 

§ 135.613(a)(2) of this chapter for powered-lift operating in the 

vertical-lift mode are: 

(i) For Day Operations: No less than a 600-foot ceiling and 2 

statute miles flight visibility; and 

(ii) For Night Operations: No less than a 600-foot ceiling and 3 

statute miles flight visibility. 

(ttt) Section 135.613(b) of this 

chapter.

Applies to powered-lift conducting operations in accordance with 

subpart L to part 135.

(1) Under § 135.613(b)(1) of this chapter, for transitions from 

VFR to IFR upon departure, the VFR weather minimums outlined for powered-lift under paragraph (sss) of this section 

apply if: 

(i) An FAA-approved obstacle departure procedure is followed; 

and 

(ii) An IFR clearance is obtained on or before reaching a predetermined location that is not more than 3 NM from the departure location. 

(2) Under § 135.613(b)(2) of this chapter, if the departure does 

not meet the requirements of paragraph (ttt)(1) of this section, 

the VFR weather minimums required by the SFAR for the 

class of airspace apply. 

(uuu) Section 135.615 of this 

chapter.

Applies to powered-lift conducting operations in accordance with 

subpart L to part 135 of this chapter.

(1) For powered-lift operating in wing-borne flight mode during 

the enroute phase of flight, under § 135.615(a)(3) of this chapter, (b), and (c), the following minimums apply: 

(i) For day operations: no less than 500 feet above the surface 

or no less than 500 feet horizontally from any obstacle; or 

(ii) For night operations: at an altitude no less than 1,000 feet 

above the highest obstacle within a horizontal distance of 5 

miles from the course intended to be flown or, in designated 

mountainous terrain, no less than 2,000 feet above the highest obstacle within a horizontal distance of 5 miles from the 

course intended to be flown. 

(2) For powered-lift operating in vertical-lift flight mode during 

the enroute phase of flight, under § 135.615(a)(3), (b), and (c) 

of this chapter the following minimums apply: 

(i) No less than 300 feet for day operations. 

(ii) No less than 500 feet for night operations. 

(vvv) Section 135.617 of this 

chapter.

Applies to powered-lift conducting operations in accordance with 

subpart L to part 135 of this chapter.

(www) Section 135.619 ............. Applies to powered-lift operators with 10 or more powered-lift, 

helicopters, or any combination thereof, assigned to the certificate holder’s operations specifications for air ambulance 

operations.

(xxx) Section 135.621 ................ Applies to powered-lift conducting operations in accordance with 

subpart L to part 135 of this chapter.


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92512 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 

TABLE 1 TO § 194.306 

Regulation Applicability Additional requirements or clarification 

Part 135, Subpart A—General 

(a) Section 135.1(a)(9) .............. Applies to powered-lift conducting operations in accordance with 

subpart L to part 135.

(b) Section 135.23(r) ................. Applies to powered-lift required to comply with § 135.385 as set 

forth in paragraphs (hhh) and (iii) of this section.

Part 135, Subpart B—Flight Operations 

(c) Section 135.93(a) through (f) Applies to all powered-lift .............................................................. (1) The requirements referencing an Airplane Flight Manual 

under § 135.93(b) apply to a powered-lift’s Aircraft Flight Manual. 

(2) Under § 135.93(c), no person operating a powered-lift may 

use an autopilot enroute, including climb and descent, below 

the following— 

(i) Either: 

(A) At a minimum engagement altitude specified in the Aircraft 

Flight Manual; or 

(B) If no minimum engagement altitude is specified, 500 feet, or 

at an altitude that is no lower than twice the altitude loss 

specified in the Aircraft Flight Manual for an autopilot malfunction in cruise conditions, whichever is greater; or 

(ii) Notwithstanding the requirements of paragraphs (c)(2)(i)(A) 

and (B) of this section, at an altitude specified by the Administrator. 

(d) Section 135.117(a)(9) .......... Applies to powered-lift conducting operations beyond the 

autorotational distance from the shoreline, as defined in 

§ 135.168(a), or gliding distance of a shoreline.

(e) Section 135.128(a) ............... Applies to all powered-lift .............................................................. The exception under § 135.128(a) for seaplane and float 

equipped rotorcraft operations during movement on the surface applies to persons pushing off a powered-lift from the 

dock or persons mooring the powered-lift at the dock. 

Part 135, Subpart C—Aircraft and Equipment 

(f) Section 135.145(b) ................ Applies to all powered-lift unless the certificate holder has previously proven a powered-lift under part 135.

(g) Section 135.145(d)(1) .......... Applies to all powered-lift unless a powered-lift of the same 

make or similar design has been proven or validated by that 

certificate holder under part 135.

(h) Section 135.150(a)(7) .......... Applies to large powered-lift with a passenger seating configuration, excluding any pilot seat, of more than 19.The public address system required by § 135.150(a)(7) must 

comply with § 25.1423 of this chapter or such airworthiness 

criteria as the FAA may find provide an equivalent level of 

safety in accordance with § 21.17(b) of this chapter. 

(i) Section 135.150(b)(7) ........... Applies to large powered-lift with a passenger seating configuration, excluding any pilot seat, of more than 19.The crewmember interphone system must comply with the requirements of § 135.150(b)(7) or such airworthiness criteria as 

the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. 

(j) Section 135.151(a) ................ Applies to powered-lift with a passenger seating configuration of 

six or more seats and for which two pilots are required by certification or operating rules.

The cockpit voice recorder must be installed and equipped in 

accordance with the certification provisions listed in 

§ 135.151(a)(1) or such airworthiness criteria as the FAA may 

find provide an equivalent level of safety in accordance with 

§ 21.17(b) of this chapter. 

(k) Section 135.151(b) ............... Applies to powered-lift with a passenger seating configuration of 

20 or more seats.

The cockpit voice recorder must be installed and equipped in 

accordance with the certification provisions listed in 

§ 135.151(b)(1) or such airworthiness criteria as the FAA may 

find provide an equivalent level of safety in accordance with 

§ 21.17(b) of this chapter. 

(l) Section 135.151(d) ................ Applies to large powered-lift or powered-lift equipped with a 

cockpit voice recorder.

The cockpit voice recorder required by § 135.151(d) must record 

the uninterrupted audio signal received by a boom or mask 

microphone in accordance with § 25.1457(c)(5) of this chapter 

or such airworthiness criteria as the FAA may find provide an 

equivalent level of safety in accordance with § 21.17(b) of this 

chapter. 

(m) Section 135.151(g)(1) ......... Applies to powered-lift with a passenger seating configuration of 

six or more seats, for which two pilots are required by certification or operating rules, and that are required to have a flight 

data recorder under § 135.152.

The cockpit voice recorder must be installed and equipped in 

accordance with the appropriate certification provisions listed 

in § 135.151(g)(1)(i) and (iv) or such airworthiness criteria as 

the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. 

(n) Section 135.151(g)(2) .......... Applies to powered-lift with a passenger seating configuration of 

20 or more seats and that is required to have a flight data recorder under § 135.152.

The cockpit voice recorder must be installed and equipped in 

accordance with the appropriate certification provisions listed 

in § 135.151(g)(2)(i) and (iv) or such airworthiness criteria as 

the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. 

(o) Section 135.151(h) ............... Applies to powered-lift required to have a cockpit voice recorder 

and a flight data recorder under part 135 with installed 

datalink communication equipment.

(p) Section 135.152(a) ............... Paragraph (a) of § 135.152 applies to powered-lift with a passenger seating configuration of 10 to 19 seats.Powered-lift operators must comply with § 194.312 or § 194.313 

in lieu of the appendices referenced in § 135.152. 


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Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92513 

TABLE 1 TO § 194.306—Continued 

Regulation Applicability Additional requirements or clarification 

(q) Section 135.152(b) introductory text and (b)(3).Paragraphs (b) introductory text and (b)(3) of § 135.152 apply to 

powered-lift with a passenger seating configuration of 20 to 

30 seats.

(r) Section 135.152(c), (d), (f), 

and (j).

Applies to powered-lift with a passenger seating configuration, 

excluding crewmember seats, of 10 to 30.

(1) The flight recorder must be installed and equipped in accordance with the appropriate certification provisions listed in 

§ 135.152 or such airworthiness criteria as the FAA may find 

provide an equivalent level of safety in accordance with 

§ 21.17(b) of this chapter. 

(2) Certificate holders must keep the recorded data until the 

powered-lift has been operating for at least 25 hours. 

(3) The powered-lift flight recorder must be operated continuously from the instant the powered-lift begins the takeoff roll 

or lift-off until the landing is completed. 

(s) Section 135.154(a) and (c) .. Applies to powered-lift configured with 6 or more passenger 

seats, excluding any pilot seat.

Instead of TAWS, powered-lift must be equipped with a helicopter terrain awareness and warning system (HTAWS) that 

meets the requirements in Technical Standard Order (TSO)– 

C194 and Section 2 of RTCA DO–309 (incorporated by reference, see § 194.109) or a FAA-approved TAWS A/HTAWS 

hybrid system. 

(t) Section 135.158 .................... Applies to powered-lift equipped with a flight instrument pitot 

heating system.

Under § 135.158(a), no person may operate a powered-lift 

equipped with a flight instrument pitot heating system unless 

the aircraft is also equipped with an operable pitot heat indication system that complies with § 23.2605 of this chapter, or 

§ 25.1326 of this chapter, or such airworthiness criteria as the 

FAA may find provide an equivalent level of safety in accordance with § 21.17(b) that provides an alert that is in clear view 

of a flightcrew member. 

(u) Section 135.159(a)(1) .......... Applies to powered-lift with a third attitude instrument system 

that meets the requirements of paragraph (a)(1) of § 135.159.

(v) Section 135.160 ................... Applies to all powered-lift.

(w) Section 135.163(g) .............. Applies to all powered-lift .............................................................. The two required generators may be mounted on a drivetrain 

that is driven by two separate powerplants as outlined in 

§ 135.163(g) for multi-engine helicopters. 

(x) Section 135.165(d) ............... Applies to powered-lift having a passenger seat configuration, 

excluding any pilot seat, of 10 seats or more, or a powered-lift 

in a commuter operation, as defined in part 119 of this chapter.

(y) Section 135.165(g)(1) .......... Applies to powered-lift for purposes of approving a single longrange navigation system and a single long-range communication system for extended over-water operations.

(z) Section 135.168 ................... Applies to powered-lift operating beyond autorotational distance 

or gliding distance from the shoreline.

(1) The life preserver required by § 135.168(b)(1) need not be 

worn but must be readily available for its intended use and 

easily accessible to each occupant when the powered-lift is a 

multiengine aircraft operated at a weight that will allow it to 

climb, with the critical engine inoperative or while experiencing a critical change of thrust, at least 50 feet a minute, at 

an altitude of 1,000 feet above the surface. 

(2) For powered-lift unable to meet the requirements of paragraph (z)(1) of this section, the occupants must wear life preservers during the flight. 

(3) For purposes of paragraphs (z), (ii), (jj), and (kk) of this section, critical change of thrust means a failure that would most 

adversely affect the performance or handling qualities of an 

aircraft. 

(aa) Section 135.169(a) ............. Applies to large powered-lift ......................................................... Powered-lift must comply with appropriate certification provisions listed in § 135.169(a) or such airworthiness criteria as 

the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. 

(bb) Section 135.169(b)(1) and 

(b)(8).

Applies to small powered-lift with a passenger seating configuration, excluding pilot seats, of 10 seats or more.(1) Under § 135.169(b)(1), small powered-lift with a passenger 

seating configuration of 10 seats or more must comply with 

the applicable requirements for transport category powered-lift 

or such airworthiness criteria as the FAA may find provide an 

equivalent level of safety in accordance with § 21.17(b) of this 

chapter. 

(2) Under § 135.169(b)(8), small powered-lift with a passenger 

seating configuration of 10 seats or more must comply with 

the applicable requirements under part 23 of this chapter referenced in § 135.169(b)(8) or such airworthiness criteria as 

the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. 

(cc) Section 135.169(d) ............. Applies to large powered-lift with a cargo or baggage compartment of 200 cubic feet or greater.The cargo and baggage compartments required by § 135.169(d) 

must comply with the certification provisions listed in that 

paragraph or such airworthiness criteria as the FAA may find 

provide an equivalent level of safety in accordance with 

§ 21.17(b) of this chapter. 

(dd) Section 135.170(b)(1) ........ Applies to large powered-lift; paragraph (b)(1)(ii) of § 135.170 

applies to large powered-lift with a passenger capacity of 20 

or more.

Powered-lift must comply with appropriate certification provisions listed in § 135.170(b)(1) or such airworthiness criteria as 

the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. 


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92514 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 

TABLE 1 TO § 194.306—Continued 

Regulation Applicability Additional requirements or clarification 

(ee) Section 135.170(b)(2) ........ Applies to large powered-lift ......................................................... The seat cushions required by § 135.170(b)(2) must comply with 

§ 25.853 of this chapter or such airworthiness criteria as the 

FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. 

(ff) Section 135.170(c)(2) .......... Applies to large powered-lift ......................................................... The seat cushions required by § 135.170(c)(2) must comply with 

§ 25.856 of this chapter or such airworthiness criteria as the 

FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. 

(gg) Section 135.178 ................. Applies to powered-lift having a passenger-seating configuration 

of more than 19 seats.

The additional emergency equipment must comply with appropriate certification provisions listed in § 135.178 or such airworthiness criteria as the FAA may find provide an equivalent 

level of safety in accordance with § 21.17(b) of this chapter. 

(hh) Section 135.180 ................. Applies to powered-lift with a passenger seat configuration, excluding any pilot seat, of 10 to 30 seats.The Aircraft Flight Manual must contain the information outlined 

in § 135.180(b). 

(ii) Section 135.181(a)(2) ........... Applies to powered-lift ................................................................... No person may operate a multiengine powered-lift carrying passengers over-the-top or in IFR conditions at a weight that will 

not allow it to climb, with the critical engine inoperative or 

while experiencing a critical change of thrust as defined in 

paragraph (z) of this section, at least 50 feet a minute when 

operating at the MEAs of the route to be flown or 5,000 feet 

MSL, whichever is higher. 

(jj) Section 135.181(b) ............... Applies to powered-lift conducting offshore passenger operations.Multiengine powered-lift carrying passengers offshore may conduct such operations in over-the-top or in IFR conditions at a 

weight that will allow the powered-lift to climb at least 50 feet 

per minute with the critical engine inoperative or while experiencing a critical change of thrust as defined in paragraph (z) 

of this section, when operating at the MEA of the route to be 

flown or 1,500 feet MSL, whichever is higher. 

(kk) Section 135.183(c) ............. Applies to powered-lift ................................................................... No person may operate a land aircraft carrying passengers over 

water unless it is a multiengine aircraft operated at a weight 

that will allow it to climb, with the critical engine inoperative or 

while experiencing a critical change of thrust as defined in 

paragraph (z) of this section, at least 50 feet a minute, at an 

altitude of 1,000 feet above the surface. 

(ll) Section 135.183(d) ............... Applies if the powered-lift is equipped with flotation devices and 

carrying passengers over water.

Part 135, Subpart D—VFR/IFR Operating Limitations and Weather Requirements 

(mm) Section 135.203(a) ........... Applies to powered-lift except those operating in the vertical-lift 

flight mode under paragraph (nn) of this section.

The Administrator may authorize a lower minimum altitude for a 

powered-lift if the FAA has determined, during type certification, the lower minimum altitude enables a transition from 

wing-borne to vertical-lift flight mode and the aircraft can conduct a safe autorotation, or an approved equivalent maneuver, to a landing but no lower than 300 feet above the surface. 

(nn) Section 135.203(b) ............. Applies to powered-lift operating in vertical-lift flight mode that 

are certificated and able to conduct an autorotation or an approved equivalent maneuver to a landing.

Powered-lift that do not meet the requirements of this paragraph 

(nn) must use the VFR minimum altitudes outlined in paragraph (mm) of this section. 

(oo) Section 135.205(a) ............. Applies to all powered-lift except as provided in paragraph (pp) 

of this section.

(pp)Section 135.205(b) .............. Applies to powered-lift operating in vertical-lift flight mode and at 

a speed that allows the pilot adequate opportunity to see and 

avoid any other air traffic or any obstructions in time to avoid 

a collision.

Powered-lift that do not meet the requirements of this paragraph 

(pp) must use the VFR visibility requirements outlined in 

§ 135.205(a). 

(qq) Section 135.207 ................. Applies if the powered-lift does not have the flight instrumentation listed in § 135.159 installed and operable.

(rr) Section 135.209(a) .............. Applies to all powered-lift except as provided in paragraph (ss) 

of this section.

(1) The Administrator may authorize deviations from paragraph 

(a) of § 135.209 for specific routes with one or more predetermined suitable landing areas if the FAA finds the operation 

can be conducted safely. If the Administrator authorizes such 

a deviation, an operations specification will be issued to the 

operator containing, at a minimum, the specific routes and the 

VFR fuel reserve specified in minutes. The Administrator may, 

at any time, terminate any grant of deviation authority issued 

under this paragraph. 

(2) Suitable landing area for purposes of this paragraph (rr) and 

paragraph (ss) of this section means an area that provides 

the operator reasonable capability to land without causing 

undue hazard to persons or property. These suitable landing 

areas must be site specific, designated by the operator, and 

accepted by the FAA. 

(ss) Section 135.209(b) ............. Applies to powered-lift with the performance capability, as provided in the Aircraft Flight Manual, for the entire flight to conduct a landing in the vertical-lift flight mode.The Administrator may authorize deviations from paragraph (b) 

of § 135.209 for specific routes with one or more predetermined suitable landing areas if the FAA finds the operation 

can be conducted safely. If the Administrator authorizes such 

a deviation, an operations specification will be issued to the 

operator containing, at a minimum, the specific routes and the 

VFR fuel reserve specified in minutes. The Administrator may, 

at any time, terminate any grant of deviation authority issued 

under this paragraph. 


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Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92515 

TABLE 1 TO § 194.306—Continued 

Regulation Applicability Additional requirements or clarification 

(tt) Section 135.221(b) ............... Applies to powered-lift authorized to conduct copter procedures 

and which can land in the vertical-lift flight mode, as provided 

in the Aircraft Flight Manual.

Powered-lift that do not meet these criteria must use the alternate airport minimums specified for aircraft in § 135.221(a). 

(uu) Section 135.223(a)(3) ........ Applies to powered-lift authorized to conduct copter procedures 

and that have the performance capability, as provided in the 

Aircraft Flight Manual, to conduct a landing in the vertical-lift 

flight mode for the entire flight.

(1) A powered-lift that meets the requirements of paragraph (uu) 

of this section may use the 30-minute fuel requirements specified for helicopters in § 135.223(a)(3). 

(2) Powered-lift that are unable to meet the requirements outlined in paragraph (uu) of this section must use the 45-minute 

fuel requirement outlined in § 135.223(a)(3). 

(vv) Section 135.225(e) ............. Applies to all powered-lift.

(ww) Section 135.227(b) ........... Applies to all powered-lift .............................................................. (1) Powered-lift critical surfaces, as outlined in the aircraft flight 

manual for that aircraft, must also be determined to be free of 

frost, ice, or snow. 

(2) Powered-lift critical surfaces under this section are determined by the manufacturer. 

(xx) Section 135.227(d) ............. Applies to powered-lift that are type certificated and appropriately equipped for operations in icing conditions.

(yy) Section 135.229(b)(2)(ii) ..... Applies to powered-lift taking off or landing in vertical-lift flight 

mode and equipped with landing lights oriented in a direction 

that enables the pilot to see the area to be used for landing or 

takeoff marked by reflective material.

If a powered-lift is not taking off or landing in vertical-lift flight 

mode and is not equipped with landing lights oriented in a direction that enables the pilot to see the area to be used for 

landing or takeoff marked by reflective material, the poweredlift must take off or land at an airport with boundary or runway 

marker lights. 

Part 135, Subpart F—Crewmember Flight Time and Duty Period Limitations and Rest Requirements 

(zz) Section 135.271 ................. Applies to powered-lift conducting operations in accordance with 

subpart L to part 135.

Part 135, Subpart I—Airplane Performance Operating Limitations 

(aaa) Section 135.361(a) ........... As applicable to each powered-lift considering size and certification basis and subject to any limitations outlined in this 

SFAR.

Any sections or paragraphs within sections to subpart I to part 

135 that refer to a specific category of aircraft and that are 

not referenced in the SFAR tables to § 194.302 or this section, do not apply to powered-lift. 

(bbb) Section 135.363(b) 

through (e).

As applicable to each powered-lift, regardless of power plant 

type, considering size and certification basis.

(ccc) Section 135.363(f) ............ Applies to powered-lift that must comply with §§ 135.365 

through 135.387 as set forth in paragraphs (ddd) through (jjj) 

of this section.

(ddd) Section 135.379(a) and 

(d).

Applies to large powered-lift ......................................................... The Aircraft Flight Manual must contain the takeoff weight performance information. 

(eee) Section 135.379(c), (e), 

(f), and (g).

Applies to large powered-lift certificated to conduct takeoff operations that utilize wing-borne lift as indicated in the aircraft 

flight manual.

The accelerate-stop distance required by § 135.379(c)(1) must 

comply with § 25.109 of this chapter or such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. 

(fff) Section 135.381 .................. Applies to large powered-lift.

(ggg) Section 135.383(c) ........... Applies to large powered-lift.

(hhh) Section 135.385(a) ........... Applies to large powered-lift ......................................................... The Aircraft Flight Manual must contain the landing weight performance information. 

(iii) Section 135.385(b), (d), (e), 

and (f).

Applies to large powered-lift certificated to conduct landing operations that utilize wing-borne lift and that have landing performance information contained in the aircraft flight manual.Paragraph (f) of § 135.385 only applies to eligible on-demand 

operators. 

(jjj) Section 135.387(a) and (b) Applies to large powered-lift certificated to conduct landing operations that utilize wing-borne lift and that have landing performance information contained in the aircraft flight manual.(1) Powered-lift operating under § 135.387(a) must be able to 

complete a full stop landing within 60 percent of the effective 

length of the runway. 

(2) Paragraph (b) of § 135.387 only applies to eligible on-demand operators. 

(kkk) Section 135.397(b) ........... Applies to small powered-lift having a passenger-seating configuration of more than 19 seats and that utilize wing-borne lift 

during takeoff and landing.

The Aircraft Flight Manual must contain the takeoff and landing 

weight performance information. 

Part 135, Subpart J—Maintenance, Preventive Maintenance, and Alterations 

(lll) Section 135.429(d) .............. Applies to powered-lift that operate in remote areas or sites.

Part 135, Subpart L—Helicopter Air Ambulance Equipment, Operations, and Training Requirements 

(mmm) Section 135.601 ............ Applies to powered-lift conducting operations in accordance with 

subpart L to part 135.

(nnn) Section 135.603 ............... Applies to powered-lift conducting operations in accordance with 

subpart L to part 135.

(1) Under § 135.603, no certificate holder may use, nor may any 

person serve as, a pilot in command of an air ambulance operation unless that person meets the requirements of 

§ 135.243 and holds a powered-lift instrument rating or an airline transport pilot certificate with a category rating for that aircraft, that is not limited to VFR. 

(2) See § 194.249 for references to class in part 135. 


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92516 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 

TABLE 1 TO § 194.306—Continued 

Regulation Applicability Additional requirements or clarification 

(ooo) Section 135.605 ............... Applies to powered-lift conducting operations in accordance with 

subpart L to part 135.

Powered-lift must be equipped with a helicopter terrain awareness and warning system (HTAWS) that meets the requirements in Technical Standard Order (TSO)–C194 and Section 

2 of RTCA DO–309 (incorporated by reference, see 

§ 194.109) or a FAA-approved TAWS A/HTAWS hybrid system. 

(ppp) Section 135.607 ............... Applies to powered-lift conducting operations in accordance with 

subpart L to part 135.

(qqq) Section 135.609 ............... Applies to powered-lift conducting operations in accordance with 

subpart L to part 135.

(1) For nonmountainous local flying areas, powered-lift must 

comply with the following weather minimums: 

(i) During day operations in a vertical-lift or wing-borne flight 

mode, a ceiling of 800 feet and visibility of 2 SM; 

(ii) During night operations in a vertical-lift flight mode, a ceiling 

of 800 feet and visibility of 3 SM; and 

(iii) During night operations in a wing-borne flight mode, a ceiling of 1500 feet and visibility of 3 SM. 

(2) For nonmountainous, non-local flying areas, powered-lift 

must comply with the following weather minimums: 

(i) During day operations in a vertical-lift or wing-borne flight 

mode, a ceiling of 800 feet and visibility of 3 SM; 

(ii) During night operations in a vertical-lift flight mode, a ceiling 

of 1000 feet and visibility of 3 SM. 

(iii) During night operations in a wing-borne flight mode, a ceiling of 1500 feet and visibility of 3 SM. 

(3) For mountainous local flying areas, powered-lift must comply 

with the following weather minimums: 

(i) During day operations in a vertical-lift or wing-borne flight 

mode, a ceiling of 800 feet and visibility of 3 SM; 

(ii) During night operations in a vertical-lift flight mode, a ceiling 

of 1000 feet and visibility of 3 SM. 

(iii) During night operations in a wing-borne flight mode, a ceiling of 2500 feet and visibility of 3 SM. 

(4) For mountainous non-local flying areas, powered-lift must 

comply with the following weather minimums: 

(i) During day operations in a vertical-lift or wing-borne flight 

mode, a ceiling of 1000 feet and visibility of 3 SM; and 

(ii) During night operations in a vertical-lift flight mode, a ceiling 

of 1000 feet and visibility of 5 SM; 

(iii) During night operations in a wing-borne flight mode, a ceiling of 2500 feet and visibility of 5 SM. 

(rrr) Section 135.611 ................. Applies to powered-lift conducting operations in accordance with 

subpart L to part 135.

(sss) Section 135.613(a) ........... Applies to powered-lift conducting operations in accordance with 

subpart L to part 135.

(1) Section 135.613(a)(1) only applies to powered-lift equipped 

and certified to conduct PinS approaches annotated with a 

‘‘Proceed VFR’’ segment. 

(2) The applicable VFR weather minimums under 

§ 135.613(a)(2) for powered-lift operating in the wing-borne 

flight mode are: 

(i) For Day Operations: No less than a 1000-foot ceiling and 2 

statute miles flight visibility; and 

(ii) For Night Operations: No less than a 1500-foot ceiling and 3 

statute miles flight visibility. 

(3) The applicable VFR weather minimums under 

§ 135.613(a)(2) for powered-lift operating in the vertical-lift 

mode are: 

(i) For Day Operations: No less than a 600-foot ceiling and 2 

statute miles flight visibility; and 

(ii) For Night Operations: No less than a 600-foot ceiling and 3 

statute miles flight visibility. 

(ttt) Section 135.613(b) .............. Applies to powered-lift conducting operations in accordance with 

subpart L to part 135.

(1) Under § 135.613(b)(1), for transitions from VFR to IFR upon 

departure, the VFR weather minimums outlined for poweredlift under paragraph (sss) of this section apply if: 

(i) An FAA-approved obstacle departure procedure is followed; 

and 

(ii) An IFR clearance is obtained on or before reaching a predetermined location that is not more than 3 NM from the departure location. 

(2) Under § 135.613(b)(2), if the departure does not meet the requirements of paragraph (ttt)(1) of this section, the VFR 

weather minimums required by the SFAR for the class of airspace apply. 


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Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92517 

TABLE 1 TO § 194.306—Continued 

Regulation Applicability Additional requirements or clarification 

(uuu) Section 135.615 ............... Applies to powered-lift conducting operations in accordance with 

subpart L to part 135.

(1) For powered-lift operating in wing-borne flight mode during 

the enroute phase of flight, under § 135.615(a)(3), (b), and (c), 

the following minimums apply: 

(i) For day operations: no less than 500 feet above the surface 

or no less than 500 feet horizontally from any obstacle; or 

(ii) For night operations: at an altitude no less than 1,000 feet 

above the highest obstacle within a horizontal distance of 5 

miles from the course intended to be flown or, in designated 

mountainous terrain, no less than 2,000 feet above the highest obstacle within a horizontal distance of 5 miles from the 

course intended to be flown. 

(2) For powered-lift operating in vertical-lift flight mode during 

the enroute phase of flight, under § 135.615(a)(3), (b), and (c) 

the following minimums apply: 

(i) No less than 300 feet for day operations. 

(ii) No less than 500 feet for night operations. 

(vvv) Section 135.617 ................ Applies to powered-lift conducting operations in accordance with 

subpart L to part 135.

(www) Section 135.619 ............. Applies to powered-lift operators with 10 or more powered-lift, 

helicopters, or any combination thereof, assigned to the certificate holder’s operations specifications for air ambulance 

operations.

(xxx) Section 135.621 ................ Applies to powered-lift conducting operations in accordance with 

subpart L to part 135.

§ 194.307 Applicability of rules for eligible 

on-demand operations. 

No person may operate a powered-lift 

in an eligible on-demand operation 

under part 135 of this chapter without 

complying with the requirements 

specified for the second in command of 

a fixed-wing aircraft contained in 

§ 135.4(a)(3) of this chapter. 

§ 194.308 Applicability of national air tour 

safety standards under part 136 of this 

chapter to powered-lift. 

(a) Persons operating powered-lift in 

commercial air tours must continue to 

comply with rules applicable to all 

aircraft in part 136 of this chapter, as 

applicable to the operation. 

(b) Suitable landing area, as defined 

in § 136.1 of this chapter, applies to 

powered-lift conducting commercial air 

tours. 

(c) Critical change of thrust for 

purposes of this section means a failure 

that would most adversely affect the 

performance or handling qualities of an 

aircraft. 

(d) No person may operate a poweredlift in a commercial air tour unless that 

person complies with the regulations 

listed in the first column of table 1 to 

this section, notwithstanding their 

applicability to airplanes or rotorcraft, 

subject to the applicability provisions in 

the second column, and any additional 

requirements or clarification specified 

in the third column: 

TABLE 1 TO § 194.308 

Regulation Applicability Additional Requirements or Clarification 

Part 136, Subpart A National Air Tour Safety Standards 

(1) Section 136.9 ....................... Applies to powered-lift used in commercial air tours over water 

beyond the shoreline. 

(i) Section 136.9(b)(2) applies to powered-lift operating in wingborne flight mode within power-off gliding distance to the 

shoreline for the duration of the time that the flight is over 

water. 

(ii) Section 136.9(b)(3), applies to multiengine powered-lift that 

can be operated with the critical engine inoperative or while 

experiencing a critical change of thrust, at a weight that will 

allow it to climb, at least 50 feet a minute, at an altitude of 

1,000 feet above the surface, as provided in the approved aircraft flight manual for that aircraft. 

(2) Section 136.11 ..................... Applies to powered-lift used in commercial air tours over water 

beyond the shoreline. 

(i) Section 136.11(a)(1) applies to single-engine powered-lift. 

(ii) Section 136.11(a)(2) applies to multi-engine powered-lift that 

cannot be operated with the critical engine inoperative or 

while experiencing a critical change of thrust, at a weight that 

will allow it to climb, at least 50 feet a minute, at an altitude of 

1,000 feet above the surface, as provided in the approved aircraft flight manual for that aircraft. 

(3) Section 136.13 ..................... Applies to powered-lift. 

(4) Section 136.75(a) ................. Applies to all single-engine powered-lift conducting air tours in 

Hawaii beyond the shore of any island. 

(5) Section 136.75(b) ................. Applies to powered-lift. 

(6) Section 136.75(c) ................. Applies to powered-lift with an Aircraft Flight Manual containing 

height velocity information. 

Except for approach to and transition from a hover, and except 

for the purpose of takeoff and landing, the PIC of a poweredlift may only operate such aircraft at a combination of height 

and forward speed (including hover) that would permit a safe 

landing in the event of engine power loss or critical change of 

thrust, in accordance with the height-speed envelope for that 

powered-lift under current weight and aircraft altitude. 


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92518 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 

§ 194.309 Applicability of flight instruction; 

Simulated instrument flight. 

The requirement to hold the 

appropriate category and class rating in 

§ 91.109(c)(1)(i) of this chapter is not 

applicable to operations conducted to 

meet alternate aeronautical experience 

requirements set forth in §§ 194.225, 

194.227, and 194.229. 

§ 194.310 Powered-lift in vertical-lift flight 

mode, flight recorder specifications under 

part 91 of this chapter. 

TABLE 1 TO § 194.310 

Parameters Range 

Installed system1 minimum 

accuracy 

(to recovered data) 

Sampling interval (per second) Resolution 3 read 

out 

Relative Time (From Recorded on Prior to 

Takeoff).

4 hr minimum ......................... ±0.125% per hour .................. 1 ............................................. 1 sec. 

Indicated Airspeed ........................................... VM in to VD (KIAS) (minimum 

airspeed signal attainable 

with installed pilot-static 

system).

±5% or ±10 kts., whichever is 

greater.

1 ............................................. 1 kt. 

Altitude ............................................................. ¥1,000 ft. to 20,000 ft. pressure altitude.±100 to ±700 ft. (see Table 1, 

TSO C51–a).

1 ............................................. 25 to 150 ft. 

Magnetic Heading ............................................ 360° ........................................ ±5° .......................................... 1 ............................................. 1° 

Vertical Acceleration ........................................ ¥3g to + 6g ........................... ±0.2g in addition to ±0.3g 

maximum datum.

4 (or 1 per second where 

peaks, ref. to 1g are recorded).

0.05g. 

Longitudinal Acceleration ................................. ±1.0g ...................................... ±1.5% max. range excluding 

datum error of ±5%.

2 ............................................. 0.03g. 

Pitch Attitude .................................................... 100% of usable range ............ ±2° .......................................... 1 ............................................. 0.8°. 

Roll Attitude ..................................................... ±60 or 100% of usable range, 

whichever is greater.

±2° .......................................... 1 ............................................. 0.8°. 

Altitude Rate .................................................... ±8,000 fpm ............................. ±10% Resolution 250 fpm 

below 12,000 ft. indicated.

1 ............................................. 250 fpm below 

12,000. 

Engine Power, Each Engine: 

Main Rotor Speed .................................... Maximum Range .................... ±5% ........................................ 1 ............................................. 1%.2

Free or Power Turbine ............................. Maximum Range .................... ±5% ........................................ 1 ............................................. 1%.2

Engine Torque .......................................... Maximum Range .................... ±5% ........................................ 1 ............................................. 1%.2

Flight Control Hydraulic Pressure: 

Primary (Discrete) ..................................... High/Low ................................ ................................................. 1.

Secondary—if applicable (Discrete) ......... High/Low ................................ ................................................. 1.

Radio Transmitter Keying (Discrete) ........ On/Off ..................................... ................................................. 1.

Autopilot Engaged (Discrete) ................... Engaged or Disengaged ........ ................................................. 1.

SAS Status-Engaged (Discrete) ............... Engaged or Disengaged ........ ................................................. 1.

SAS Fault Status (Discrete) ..................... Fault/OK ................................. ................................................. 1.

Flight Controls: 

Pilot Inputted—Primary Controls (I.E. Ascent, descent, acceleration, and deceleration, heading and directional control 

for all axis).

Full range ............................... ±3% ........................................ 2 ............................................. 1%.2

Controllable Stabilator Position ................ Full range ............................... ±3% ........................................ 2 ............................................. 1%.2

1When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the recording system excluding these sensors (but including 

all other characteristics of the recording system) shall contribute no more than half of the values in this column. 2Percent of full range. 

§ 194.311 Powered-lift in wing-borne flight 

mode, flight recorder specifications under 

part 91 of this chapter. 

TABLE 1 TO § 194.311 

Parameters Range 

Installed system1 minimum 

accuracy (to 

recovered data) 

Sampling interval (per second) Resolution read 

out 

Relative Time (From Recorded on Prior to 

Takeoff).

8 hr minimum ......................... ±0.125% per hour .................. 1 ............................................. 1 sec. 

Indicated Airspeed ........................................... Vso to VD (KIAS) ................... ±5% or ±10 kts., whichever is 

greater. Resolution 2 kts. 

below 175 KIAS.

1 ............................................. 1%.3

Altitude ............................................................. ¥1,000 ft. to max cert. alt. of 

A/C.

±100 to ±700 ft. (see Table 1, 

TSO C51–a).

1 ............................................. 25 to 150 ft. 

Magnetic Heading ............................................ 360° ........................................ ±5° .......................................... 1 ............................................. 1.° 

Vertical Acceleration ........................................ ¥3g to + 6g ........................... ±0.2g in addition to ±0.3g 

maximum datum.

4 (or 1 per second where 

peaks, ref. to 1g are recorded).

0.03g. 

Longitudinal Acceleration ................................. ±1.0g ...................................... ±1.5% max. range excluding 

datum error of ±5%.

2 ............................................. 0.01g. 

Pitch Attitude .................................................... 100% of usable ...................... ±2° .......................................... 1 ............................................. 0.8.° 

Roll Attitude ..................................................... ±60° or 100% of usable 

range, whichever is greater.

±2° .......................................... 1 ............................................. 0.8.° 

Stabilizer Trim Position, or ............................... Full Range .............................. ±3% unless higher uniquely 

required.

1 ............................................. 1%.3

Pitch Control Position 


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TABLE 1 TO § 194.311—Continued 

Parameters Range 

Installed system1 minimum 

accuracy (to 

recovered data) 

Sampling interval (per second) Resolution read 

out 

Engine Power, Each Engine: ................... Full Range .............................. ±3% unless higher uniquely 

required.

1 ............................................. 1%.3

Fan or N1 Speed or EPR or Cockpit indications Used for Aircraft Certification 

OR.

Maximum Range .................... ±5% ........................................ 1 ............................................. 1%.3

Prop. speed and Torque (Sample Once/ 

Sec as Close together as Practicable).

................................................. ................................................. 1 (prop Speed) .......................

1 (torque) ................................

1%.3

1%.3

Altitude Rate 2 (need depends on altitude 

resolution).

±8,000 fpm ............................. ±10%. Resolution 250 fpm 

below 12,000 ft. indicated..

1 ............................................. 250 fpm. below 

12,000. 

Angle of Attack 2 (need depends on altitude resolution).¥20° to 40° or 100% of usable range.±2° .......................................... 1 ............................................. 0.8%.3

Radio Transmitter Keying (Discrete) ........ On/Off ..................................... ................................................. 1.

TE Flaps (Discrete or Analog) .................. Each discrete position (U, D, 

T/O, AAP) OR.

................................................. 1.

LE Flaps (Discrete or Analog) .................. Analog 0–100% range ........... ±3% ........................................ 1 ............................................. 1%.3

Each discrete position (U, D, 

T/O, AAP) OR.

................................................. 1.

Thrust Reverser, Each Engine (Discrete) ........ Analog 0–100% range ........... ±3° .......................................... 1 ............................................. 1%.3

Stowed or full reverse.

Spoiler/Speedbrake (Discrete) ......................... Stowed or out ......................... ................................................. 1.

Autopilot Engaged (Discrete) ........................... Engaged or Disengaged ........ ................................................. 1.

1When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the recording system excluding these sensors (but including 

all other characteristics of the recording system) shall contribute no more than half of the values in this column. 2 If data from the altitude encoding altimeter (100 ft. resolution) is used, then either one of these parameters should also be recorded. If, however, altitude is recorded at a minimum resolution of 25 feet, then these two parameters can be omitted. 3Percent of full range. 

§ 194.312 Powered-lift in vertical-lift flight 

mode, flight recorder specifications under 

part 135 of this chapter. 

TABLE 1 TO § 194.312 

Parameters Range 

Installed system1 minimum 

accuracy (to 

recovered data) 

Sampling interval (per second) Resolution read 

out 

Relative time (from recorded on prior to takeoff).25 hr minimum ....................... ±0.125% per hour .................. 1 ............................................. 1 sec. 

Indicated airspeed ........................................... Vm in to VD (KIAS) (minimum 

airspeed signal attainable 

with installed pilot-static 

system).

±5% or ±10 kts., whichever is 

greater.

1 ............................................. 1 kt. 

Altitude ............................................................. ¥1,000 ft. to 20,000 ft. pressure altitude.±100 to ±700 ft. (see Table 1, 

TSO C51–a).

1 ............................................. 25 to 150 ft. 

Magnetic heading ............................................ 360° ........................................ ±5° .......................................... 1 ............................................. 1°. 

Vertical acceleration ........................................ ¥3g to + 6g ........................... ±0.2g in addition to ±0.3g 

maximum datum.

4 (or 1 per second where 

peaks, ref. to 1g are recorded).

0.05g. 

Longitudinal acceleration ................................. ±1.0g ...................................... ±1.5% max. range excluding 

datum error of ±5%.

2 ............................................. 0.03g. 

Pitch attitude .................................................... 100% of usable range ............ ±2° .......................................... 1 ............................................. 0.8°. 

Roll attitude ...................................................... ±60° or 100% of usable 

range, whichever is greater.

±2° .......................................... 1 ............................................. 0.8°. 

Altitude rate ...................................................... ±8,000 fpm ............................. ±10% Resolution 250 fpm 

below 12,000 ft. indicated.

1 ............................................. 250 fpm below 

12,000. 

Engine Power, Each Engine: 

Main rotor speed ...................................... Maximum range ..................... ±5% ........................................ 1 ............................................. 1%.2

Free or power turbine ............................... Maximum range ..................... + 5% ....................................... 1 ............................................. 1%.2

Engine torque Maximum range ..................... ±5% ........................................ 1 ............................................. 1%.2

Flight Control—Hydraulic Pressure: 

Primary (discrete) ..................................... High/low .................................. ................................................. 1.

Secondary—if applicable (discrete) .......... High/low .................................. ................................................. 1.

Radio transmitter keying (discrete) ........... On/off ...................................... ................................................. 1.

Autopilot engaged (discrete) .................... Engaged or disengaged ......... ................................................. 1.

SAS status—engaged (discrete) .............. Engaged/disengaged ............. ................................................. 1.

SAS fault status (discrete) ........................ Fault/OK ................................. ................................................. 1.

Flight Controls: 

Primary Controls (I.E. Ascent, descent, 

acceleration, and deceleration, heading 

and directional control for all axis) 3.

Full range ............................... ±3% ........................................ 2 ............................................. 1%.2

Controllable Stabilator Position 3 .............. Full range ............................... ±3% ........................................ 2 ............................................. 1%.2

1When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the recording system excluding these sensors (but including 

all other characteristics of the recording system) shall contribute no more than half of the values in this column. 2Percent of full range. 

3For all aircraft manufactured on or after December 6, 2010, the sampling interval per second is 4. 


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§ 194.313 Powered-lift in wing-borne flight 

mode, flight recorder specification under 

part 135 of this chapter. 

TABLE 1 TO § 194.313 

Parameters Range 

Installed system1 minimum 

accuracy (to 

recovered data) 

Sampling interval (per second) Resolution read 

out 

Relative time (from recorded on prior to takeoff).25 hr minimum ....................... ±0.125% per hour .................. 1 ............................................. 1 sec. 

Indicated airspeed ........................................... Vso to VD (KIAS) ..................... ±5% or ±10 kts., whichever is 

greater. Resolution 2 kts. 

below 175 KIAS.

1 ............................................. 1%.3

Altitude ............................................................. ¥1,000 ft. to max cert. alt. of 

A/C.

±100 to ±700 ft. (see Table 1, 

TSO C51–a).

1 ............................................. 25 to 150 

Magnetic heading ............................................ 360° ........................................ ±5° .......................................... 1 ............................................. 1° 

Vertical acceleration ........................................ ¥3g to + 6g ........................... ±0.2g in addition to ±0.3g 

maximum datum.

4 (or 1 per second where 

peaks, ref. to 1g are recorded).

0.03g. 

Longitudinal acceleration ................................. ±1.0g ...................................... ±1.5% max. range excluding 

datum error of ±5%.

2 ............................................. 0.01g. 

Pitch attitude .................................................... 100% of usable ...................... ±2° .......................................... 1 ............................................. 0.8° 

Roll attitude ...................................................... ±60° or 100% of usable 

range, whichever is greater.

±2° .......................................... 1 ............................................. 0.8° 

Stabilizer trim position ..................................... Full range ............................... ±3% unless higher uniquely 

required.

1 ............................................. 1%.3

Or 

Pitch control position ................................ Full range ............................... ±3% unless higher uniquely 

required.

1 ............................................. 1%.3

Engine Power, Each Engine 

Fan or N1 speed or EPR or cockpit indications used for aircraft certification.Maximum range ..................... ±5% ........................................ 1 ............................................. 1%.3

Or 

Prop. speed and torque (sample once/ 

sec as close together as practicable).

................................................. ................................................. 1 (prop speed), 1 (torque).

Altitude rate 2 (need depends on altitude 

resolution).

±8,000 fpm ............................. ±10%. Resolution 250 fpm 

below 12,000 ft. indicated.

1 ............................................. 250 fpm Below 

12,000 

Angle of attack 2 (need depends on altitude resolution).¥20° to 40° or of usable 

range.

±2° .......................................... 1 ............................................. 0.8%.3

Radio transmitter keying (discrete) ........... On/off ...................................... ................................................. 1.

TE flaps (discrete or analog) .................... Each discrete position (U, D, 

T/O, AAP).

................................................. 1 .............................................

Or.

Analog 0–100% range ........... ±3° .......................................... 1 ............................................. 1%.3

LE flaps (discrete or analog) .................... Each discrete position (U, D, 

T/O, AAP).

................................................. 1.

Or.

.......................................................................... Analog 0–100% range ........... ±3° .......................................... 1 ............................................. 1%.3

Thrust reverser, each engine (Discrete) ... Stowed or full reverse ............ ................................................. 1.

Spoiler/speedbrake (discrete) ................... Stowed or out ......................... ................................................. 1.

Autopilot engaged (discrete) .................... Engaged or disengaged ......... ................................................. 1.

1When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the recording system excluding these sensors (but including 

all other characteristics of the recording system) shall contribute no more than half of the values in this column. 2 If data from the altitude encoding altimeter (100 ft. resolution) is used, then either one of these parameters should also be recorded. If, however, altitude is recorded at a minimum resolution of 25 feet, then these two parameters can be omitted. 3Percent of full range. 

Subpart D—Maintenance, Preventive 

Maintenance, Rebuilding, and 

Alteration Requirements for PoweredLift Under Part 43 of This Chapter 

§ 194.401 Applicability. 

Unless otherwise specified by this 

part, powered-lift must continue to 

comply with rules applicable to all 

aircraft in part 43 of this chapter. 

§ 194.402 Maintenance provisions. 

The following maintenance 

provisions under part 43 of this chapter 

that pertain to rotorcraft also apply to 

powered-lift: 

(a) Section 43.3(h) of this chapter 

applies to certificate holders operating 

powered-lift under part 135 of this 

chapter in a remote area; and 

(b) In lieu of complying with 

§ 43.15(b) of this chapter, each person 

performing an inspection required by 

part 91 of this chapter on a powered-lift 

shall inspect critical parts in accordance 

with the maintenance manual or 

Instruction for Continuous 

Airworthiness, or as otherwise approved 

by the Administrator. 

(1) A ‘‘critical part’’ has the same 

meaning as provided in §§ 27.602 and 

29.602 of this chapter. 

(2) [Reserved] 

Appendix A to Part 194. Minimum 

Requirements for a Pilot Training 

Program in a Powered-Lift Originally 

Type Certificated or Seeking Type 

Certification With One Set of Controls 

and a Single Pilot Station 

1. Applicability 

(a) This appendix prescribes the minimum 

requirements to apply for a pilot training 

program for the following ratings in a 

powered-lift originally type certificated or 

seeking type certification with one set of 

controls and a single pilot station: 

(1) Powered-lift Category; 

(2) Powered-lift Type; 

(3) Instrument-Powered-lift. 

(b) Notwithstanding the exceptions in 

§ 194.211, a person utilizing the alternate 

pathway set forth in this appendix must 

apply for all three ratings simultaneously. 


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2. Eligibility 

(a) To utilize the alternate framework set 

forth by this appendix, an applicant must be 

qualified in accordance with the 

requirements set forth by § 194.215(a). 

(b) The alternate framework set forth in 

this appendix may only be provided under a 

part 135, 141, or 142 approved training 

program. 

3. Ground Training 

(a) An applicant must receive and log all 

required ground training set forth by 

§§ 61.63(b) and 61.65(b) of this chapter prior 

to receiving training in accordance with 

section 4. of this appendix. 

(b) Following the required ground training 

as set forth in paragraph (a) of this section, 

an applicant must successfully complete a 

written or oral check administered by the 

training provider. 

4. Simulator Training in a Level C or Higher 

Full Flight Simulator Representative of a 

Powered-Lift With Single Controls and a 

Single Pilot Station 

(a) In lieu of flight training in a poweredlift with single controls and a single pilot 

station, an applicant seeking a powered-lift 

category rating, instrument rating, and a type 

rating may complete all applicable flight 

training requirements prescribed in part 61 of 

this chapter or the corresponding framework 

prescribed in §§ 194.217 through 194.235 

(except for the cross-country requirements in 

§ 194.233), as applicable, in a qualified Level 

C or higher full flight simulator 

representative of the powered-lift type with 

single controls and a single pilot station. 

(b) Following the training set forth in 

paragraph (a) of this section, the applicant 

must satisfactorily accomplish a check with 

a check pilot, a training center evaluator, an 

authorized instructor, instructor pilot, an 

FAA aviation safety inspector, or another 

person authorized by the FAA to administer 

this check in a qualified Level C or higher 

full flight simulator in accordance with the 

approved training program. The check must 

consist of oral questioning followed by the 

satisfactory performance of all the maneuvers 

and procedures required for the issuance of 

a commercial pilot certificate with a 

powered-lift category rating, for the issuance 

of an instrument-powered-lift rating and for 

the issuance of a powered-lift type rating, 

except those tasks waived in accordance with 

§ 194.207(c). 

5. Aircraft Familiarity Flight 

(a) Within 90 days of an applicant’s 

successful completion of the check set forth 

by section 4.(b) of this appendix, the 

applicant must observe an aircraft familiarity 

flight with an authorized instructor. 

(b) The aircraft familiarity flight must 

include the following components: 

(1) The authorized instructor must 

demonstrate the flight maneuvers and 

procedures required for the issuance of a 

commercial pilot certificate with a poweredlift category rating, for the issuance of an 

instrument-powered-lift rating and for the 

issuance of a powered-lift type rating, except 

those tasks waived in accordance with 

§ 194.207(c), in the aircraft in flight, and 

(2) The applicant must have unobstructed 

visual sight of the controls and 

instrumentation and maintain active 

communication with the authorized 

instructor for the entire flight. 

(c) The aircraft familiarity flight may occur 

during one flight or over multiple flights. 

(d) Following successful completion of the 

aircraft familiarity flight, the authorized 

instructor may endorse the applicant to act 

as pilot in command of the specific poweredlift to accomplish the demonstration flight 

with an authorized instructor on board as set 

forth in section 6.(a) of this appendix. The 

endorsement is valid for 90 days from the 

date of successful completion of the full 

flight simulator check set forth by section 

4.(b) of this appendix. 

6. Demonstration and Solo Flights 

(a) Demonstration flight. 

(1) After an applicant receives an 

endorsement to act as PIC in accordance with 

section 5.(d) of this appendix, the applicant 

must complete a demonstration flight under 

the direct observation of an authorized 

instructor. 

(2) The demonstration flight must include 

the following components: 

(i) The applicant must demonstrate the 

flight maneuvers and procedures required for 

the issuance of a commercial pilot certificate 

with a powered-lift category rating, for the 

issuance of an instrument-powered-lift rating 

and for the issuance of a powered-lift type 

rating, except those tasks waived in 

accordance with § 194.207(c), in the aircraft 

in flight, and 

(ii) The authorized instructor must have 

unobstructed visual sight of the controls and 

instrumentation and maintain active 

communication with the applicant for the 

entire flight. 

(3) The demonstration flight may occur 

during one flight or over multiple flights. 

(4) Upon determination that the applicant 

has demonstrated satisfactory proficiency in 

the aircraft, the check pilot, training center 

evaluator, authorized instructor, instructor 

pilot, FAA aviation safety inspector, or 

another person authorized by the FAA to 

administer this check may endorse the 

applicant to act as pilot in command of the 

specific powered-lift to conduct solo flight in 

accordance with paragraph (c) of this section. 

The endorsement is valid for 90 days from 

the day the demonstration flight is 

successfully completed. 

(b) Failure to complete demonstration 

flight during endorsement period. 

(1) If the applicant does not successfully 

complete the demonstration flight in 

paragraph (a) of this section within the 90- 

day endorsement period, the applicant may 

receive another endorsement by: 

(i) Completing a demonstration of 

proficiency in the full flight simulator 

consisting of the tasks and maneuvers set 

forth by section 10. of this appendix, in 

addition to any maneuvers or procedures 

deemed necessary by the check pilot, training 

center evaluator, authorized instructor, 

instructor pilot, an FAA aviation safety 

inspector, or other person authorized by the 

FAA to administer this check to ensure 

proficiency, and 

(ii) Completing an aircraft familiarity flight 

meeting the requirements of section 5.(b) of 

this appendix. 

(2) After the applicant meets the 

requirements of paragraph (b)(1) of this 

section, the applicant may receive another 

endorsement for the applicant to act as pilot 

in command of the specific powered-lift to 

accomplish the demonstration flight with an 

authorized instructor on board as set forth in 

section 6.(a) of this appendix. This 

endorsement is valid for 90 days from the 

day the demonstration of proficiency in the 

full flight simulator was successfully 

completed. 

(c) Solo Flights. After an applicant receives 

an endorsement to conduct solo flights in 

accordance with section 6.(a)(4) of this 

appendix, the applicant must complete 20 

hours of solo flight in the aircraft, which 

must include: 

(1) 10 hours of solo flight time in 

accordance with § 61.129(e)(4) or the 

corresponding alternate provision set forth in 

§§ 194.217 through 194.231 of this part; 

(2) 10 hours of solo flight time that 

includes the maneuvers and procedures 

required for the issuance of a commercial 

pilot certificate with a powered-lift category 

rating, for the issuance of an instrumentpowered-lift rating and for the issuance of a 

powered-lift type rating; and 

(3) The alternate cross-country aeronautical 

experience requirements prescribed in 

§ 194.233 of this part. 

(d) Lapse of endorsement for solo flights. 

If the applicant does not successfully 

complete the solo flight time required in 

paragraph (c) of this section within the 90- 

day endorsement period, the applicant may 

receive another 90-day endorsement by 

satisfying the requirements of paragraph 

(d)(1) or (2) of this section, as applicable. 

(1) If the applicant seeks to renew the 

endorsement for another 90-day period and 

is within the 90-day period of the original 

endorsement, the applicant must complete a 

demonstration flight consisting of the tasks 

and maneuvers set forth by section 10. of this 

appendix, in addition to any maneuvers or 

procedures deemed necessary by the check 

pilot, training center evaluator, authorized 

instructor, instructor pilot, FAA aviation 

safety inspector, or another person 

authorized by the FAA to ensure proficiency. 

(2) If the applicant seeks another 

endorsement outside the 90-day period of the 

original endorsement, the applicant must: 

(i) The applicant must satisfactorily 

complete a demonstration of proficiency in 

the full flight simulator consisting of the 

tasks and maneuvers set forth by section 10. 

of this appendix, in addition to any 

maneuvers or procedures deemed necessary 

by the authorized instructor to ensure 

proficiency, successful completion of which 

will result in a 90-day endorsement to 

accomplish a demonstration flight with an 

authorized instructor on board; and 

(ii) The applicant must complete a 

demonstration flight with a check pilot, 

training center evaluator, authorized 

instructor, instructor pilot, FAA aviation 

safety inspector, or another person 

authorized by the FAA to administer this 

check consisting of the tasks and maneuvers 


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92522 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 

set forth by section 10. of this appendix, in 

addition to any maneuvers or procedures 

deemed necessary by the authorized 

instructor to ensure proficiency. 

7. Practical Test 

(a) The applicant may meet the training 

requirements of § 61.129(e)(3)(iv) in a Level 

C or higher FFS. 

(b) A person who uses a flight simulator or 

flight training device for any portion of the 

practical test in accordance with § 61.64(a) of 

this chapter after training in accordance with 

this appendix and does not meet the 

requirements of § 61.64(e) of this chapter 

will— 

(1) Receive a limitation that states ‘‘the 

certificate is subject to certain pilot in 

command limitations,’’ in lieu of the 

limitation set forth by § 61.64(f); and 

(2) Be restricted from the carriage of 

persons or property other than necessary for 

the conduct of the flight. 

(c) The limitation described under 

paragraph (b) of this section may be removed 

from the pilot certificate by meeting the 

requirements set forth in section 8. of this 

appendix. 

8. Supervised Operating Experience for a 

Powered-Lift With Single Controls and a 

Single Pilot Station 

(a) The limitation set forth in paragraph 

7.(b) of this appendix may be removed if the 

pilot complies with the following: 

(1) Performs 10 hours of flight time in an 

aircraft of category and type for which the 

limitation applies under the observation of a 

pilot who holds a category and type rating 

without limitations for the aircraft, 

maintaining full communication with the 

observing pilot; 

(2) Logs each flight and the observing pilot 

attests in writing to each flight; and 

(3) Presents evidence of the supervised 

operating experience to any examiner or 

Flight Standards office to have the limitation 

removed. 

(b) The flight time required in paragraph 

(a)(1) of this section must include a crosscountry flight in a powered-lift under 

instrument flight rules on a flight plan filed 

with an air traffic control facility that 

involves— 

(i) A flight of at least 100 nautical miles 

along airways or by directed routing from an 

air traffic control facility; 

(ii) An instrument approach at each 

airport; and 

(iii) Three different kinds of approaches 

with the use of navigation systems. 

(c) The observing pilot must have 

unobstructed visual sight of the controls and 

instrumentation. 

9. Deviation Authority 

The Administrator may authorize a 

deviation from the simulator qualification 

requirement in section 4. of this appendix 

stipulating that training must be completed 

in a qualified Level C or higher full flight 

simulator upon a determination by the 

Administrator that— 

(a) The alternative training device is of 

adequate fidelity to be used as a substitution 

for in-aircraft flight training; and 

(b) The effectiveness and objectives of the 

training program can be met utilizing the 

alternative training device. 

10. Maneuvers and Procedures Required for 

Certain Flights Prescribed by This Appendix 

This section sets forth the maneuvers and 

procedures required for flights required in 

accordance with sections 6.(b)(1)(i), 6.(d)(1), 

6.(d)(2)(i), and 6.(d)(2)(ii) of this appendix, 

except those maneuvers and procedures 

under tasks waived in accordance with 

§ 194.207(c). 

(a) Proper flight preparation procedures, 

including preflight planning and preparation, 

powerplant operation, and aircraft systems; 

(b) Taxiing or surface operations, including 

runups; 

(c) Takeoffs and landings, including 

normal and crosswind; 

(d) Straight and level flight, and turns in 

both directions; 

(e) Climbs and climbing turns; 

(f) Airport traffic patterns, including entry 

and departure procedures; 

(g) Collision avoidance, windshear 

avoidance, and wake turbulence avoidance; 

(h) Descents with and without turns; 

(i) Flight at various airspeeds from cruise 

to slow flight; 

(j) Stall entries from various flight attitudes 

and power combinations with recovery 

initiated at the first indication of a stall, and 

recovery from a full stall; 

(k) Emergency procedures and equipment 

malfunctions; 

(l) Ground reference maneuvers; 

(m) Approaches to a landing with 

simulated engine malfunctions; 

(n) Go-arounds; 

(o) Approaches to the landing area; 

(p) Hovering and hovering turns; and 

(q) For a multiengine powered-lift, 

simulated one-engine-inoperative approaches 

and landings. 

Issued under authority provided by 49 

U.S.C. 106(f), 40113, 44701–44705, 44707, 

44712, 44713, 44715, 44722, and 44730 in 

Washington, DC, on October 22, 2024. 

Michael Gordon Whitaker, 

Administrator. 

[FR Doc. 2024–24886 Filed 11–20–24; 8:45 am] 

BILLING CODE 4910–13–P 


lotter on DSK11XQN23PROD with RULES2