FAA ISSUES FINAL RULE ON PILOT CERTIFICATION, AIRCRAFT CERTIFICATION, AND OPERATIONAL RULES FOR POWERED-LIFT AIRCRAFT
November 1, 2024
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On October 22, 2024, the Federal Aviation Administration (“FAA”) released the draft version of a new final rule, Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes. The final rule adopts a Special Federal Aviation Regulation (“SFAR”) for a period of ten years to integrate powered-lift aircraft into the National Air Space System. Powered-lift aircraft are defined in the FAA regulations 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,” though these aircraft are more commonly referred to as Vertical Take-off and Landing (“VTOL”) or Advance Air Mobility (“AAAM”) aircraft. New air taxi companies like Archer and Joby are expecting to put these aircraft into service in cities across the U.S. in the very near future. The FAA also anticipates powered-lift aircraft to be used for air ambulances and transportation to offshore oil rigs.
The comprehensive 880-page powered lift final rule provides much needed guidance and structure on how pilots will be certified to operate these aircraft, how aircraft designs will be approved and certificated, and enables powered-lift operations. More specifically, the final rule maintains the current type certification process for powered-lift aircraft under the special class rules under 14 CFR § 21.17(b), requires qualification requirements for powered-lift pilots serving in part 135 operations, and permits aircraft operating under Visual Flight Rules to utilize helicopter minimums for powered-lift capable of conducting a landing in the vertical-lift flight mode. Once the final rule is officially published in the Federal Register, it will become effective after 60 days, except for amendatory instruction 50 (regarding instrument proficiency check requirements) which will become effective 240 days after publication.
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