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Powered-lift rule positions FAA for air travel of the future
The FAA’s release of the powered-lift integration rule, critical to continued US leadership in AAM, has been welcomed by industry participants, containing as it does operational and airman qualification requirements.
FAA Administrator Michael Whitaker speaking at NBAA-BACE 2024.

The FAA is ready for powered-lift, which will be the first completely new category of civil aircraft since helicopters were introduced in the 1940s. Powered lift operations include air taxis, cargo delivery and a variety of operations within urban and rural areas.

The agency has issued a final rule for the qualifications and training that instructors and pilots must have to fly aircraft in this powered-lift category, which have characteristics of both airplanes and helicopters. The rule also addresses their operational requirements, including minimum safe altitudes and required visibility. The rule is the final piece in the puzzle for safely introducing these aircraft in the near term. The opportunities for the use of powered-lift operations are far reaching, from transporting passengers in urban areas and short-haul operations such as air ambulance services and cargo operations to potentially serving smaller communities over time.

“The FAA will continue to prioritise the safety of our system as we work to seamlessly integrate innovative technology and operations. This final rule provides the necessary framework to allow powered-lift aircraft to safely operate in our airspace,” says FAA administrator Mike Whitaker. “Powered-lift aircraft are the first new category of aircraft in nearly 80 years, and this historic rule will pave the way for accommodating wide-scale advanced air mobility operations in the future.”

The FAA previously determined it could certify powered-lift using existing regulations and updated other regulations so air taxis could be used commercially. Last year the agency released a blueprint for how urban air mobility vehicles will operate, which is a key element in maturing the overall AAM concept.

A new pilot-training and qualifications rule was needed because existing regulations did not address this new category of aircraft, which can take off and land vertically like a helicopter and fly like an airplane during cruise flight. The rule provides a comprehensive framework for certifying the initial cadre of powered-lift instructors and pilots.

The rule:

- Makes changes to numerous existing regulations and establishes a Special Federal Aviation Regulation (SFAR) with new requirements to facilitate instructor and pilot certification and training.

- Applies helicopter operating requirements to some phases of flight and adopts a performance-based approach to certain operating rules.

- Allows pilots to train in powered lift with a single set of flight controls; legacy rules require two flight controls, namely one for the student and one for the instructor.

A number of associations and developers welcomed the release of the SFAR, with NBAA president and CEO Ed Bolen saying: “Advanced air mobility promises to change the very definition of on demand aviation worldwide. Given the speed at which the technology is developing, it is critical that all stakeholders have clear, official guidance for AAM operations. We commend the FAA for providing that guidance with the publication of this new rule.”

Titled ‘Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes’, the SFAR contains operational and airman qualification requirements. More broadly, it establishes rules for AAM aircraft specific to a variety of business aviation operations in Parts 91, 135 and 136, including intracity and regional transportation; medevac and disaster relief operations; and air tours.

The rule’s formulation has benefited from collaboration between government leaders and industry organisations, including NBAA, as well as the Aircraft Owners and Pilots Association, the General Aviation Manufacturers Association, the National Air Transportation Association, Vertical Aviation International and the Vertical Flight Society.

NATA president and CEO Curt Castagna says: “The release provides a pathway to open dialogue between operators, OEMs and other industry stakeholders with FAA regulators. NATA continues to support the AAM industry’s push towards aligning certification, training and requirements with ICAO standards and recommendations. The association will analyse the rule and looks forward to continuing collaboration with our members and the agency on next steps. NATA’s collaborative work with our board and committee network across all aviation business sectors allows us to maintain a leadership role in the industry’s push for investment in infrastructure necessary to support innovation development.”

GAMA president and CEO Pete Bunce comments: “Industry stakeholders have long been anticipating the release of the SFAR as it will have a substantial impact on enabling initial eVTOL powered-lift operations and the overall trajectory of the advanced air mobility sector. We will work with our membership to evaluate the SFAR policies fully and examine how our collective, thorough safety-based comments that were provided last year following the release of the Notice of Proposed Rule-making, were incorporated into the final rule. We are encouraged by the agency’s commitment to maintaining the timeline for this critical regulatory framework and the FAA’s stated openness to examine additional means where operational and performance data and analysis are still being studied and gathered, or where agreement has not been reached on the regulatory approach. It will be absolutely critical that the FAA work with industry to find practical pathways to alternative solutions in these cases. Our guiding principles for the advanced air mobility sector will continue to be focused on ensuring safety and facilitating industry growth in the US and worldwide.”

NBAA, informed by the association’s AAM Roundtable and Emerging Technology Committee, also provided direction to government agencies in response to the Notice on proposals with potential impact for pilots, manufacturers, infrastructure developers and other stakeholders.

GAMA submitted comments and focused on four critical areas of interest: pilot certification, dual controls, flight simulation training devices and operational rules.

“VAI members are making AAM happen,” says Cade Clark, Vertical Aviation International’s chief government affairs officer. “We applaud the FAA for releasing the Special Federal Aviation Regulation that provides the necessary framework and requirements for the safe integration of these exciting new aircraft. We appreciate the FAA engaging with so many AAM stakeholders to make today’s rule release a reality.”

Once the VAI staff has reviewed the 800-plus page rule, a VAI Debrief summarising the rule’s provisions will be provided to association members.

In May of this year, Congress passed, and the President signed into law, legislation to reauthorise the FAA, including a mandate to safely and efficiently integrate AAM into the national airspace, in part by finalising the SFAR.

“The wide collaboration between industry and government in the rule-making process promoted safety and innovation,” continues Bolen. “Finalising the SFAR will be a key next step in preserving our nation's leadership in aviation.

This lays the groundwork necessary for Joby Aviation to launch commercial passenger service in the US, once the company has received type certification of its aircraft. Founder and CEO JoeBen Bevirt says: “The regulation published today will ensure the US continues to play a global leadership role in the development and adoption of clean flight. Delivering ahead of schedule is a testament to the dedication, coordination and hard work of the rule-making team.”

The rule allows for pilots to train in powered-lift with a single set of flight controls, which is consistent with Joby’s approach to preparing pilots for commercial service using high-fidelity simulators. In addition, it includes regulations that will underpin Joby’s commercial operations, such as helicopter-based energy reserve requirements.

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