FAA ISSUES FINAL RULE ADDING POWERED-LIFT TO REGULATORY DEFINITIONS
August 5, 2023
On July 26, 2023, the FAA issued a final rule enabling air carrier operations with powered-lift. Under 14 CFR 1.1, powered-lift are defined as heavier-than-air aircraft capable of vertical takeoff and landing (“VTOL”) and low-speed flight, using engine-driven or engine-thrust lift during takeoff and landing, and nonrotating airfoils for horizontal flight. The final rule incorporates powered-lift into the definitions of five air carrier operations: commuter, domestic, flag, on-demand, and supplemental. In addition, the rule amends the experience requirements for air carrier management personnel to ensure proper experience in powered-lift operations and extends certain commercial air tour and noncommon carriage operating rules to powered-lift. The rulemaking comes as part of the FAA’s multi-faceted rulemaking approach to integrate powered-lift into the regulatory paradigm. The final rule becomes effective on September 25, 2023.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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