Integration of New Aircraft and What it Means to You
During the last quarter of 2024, the FAA published a historic rulemaking, “Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes.” The final rule includes part 194, Special Federal Aviation Regulation (SFAR) No. 120 – Powered-Lift: Pilot Certification and Training; Operations Requirements. The rule applies to most of the eVTOL aircraft coming to the advanced air mobility (AAM) market in the coming years.
SFARs are temporary regulations, typically valid for 10 years. Part 194, the powered-lift SFAR, has a typical 10-year expiration date, but the FAA has indicated the rule is subject to review and amendment sooner than that expiration date due to the innovative nature of the aircraft included in the rule.
“This new rule gives the advanced air mobility industry confidence in developing training and operational plans but also gives the broader industry a clearer picture of how these aircraft will integrate safely,” said Toni Drummond, Founder and President of Future Flight Global and the current co-chair of NATA’s AAM Committee. “The rule will help industry democratize the skies a little faster with the same safety standards as traditional aviation operations.”
Rumors both reasonable and fantastical swirl around AAM, conjuring everything from a bus-like shuttle service to and from the office to the flying space car in the Jetsons and beyond. While the postmortem on the final rule and related guidance published to date will take more time to digest and determine the full impact on the AAM industry and other aviation sectors, here’s a high-level look at what the final rule means for both the AAM industry and traditional aviators – and, importantly, what the rule does not include.
Proposed Rule
The FAA’s proposed rule, published in June of 2023, called for pilots to obtain a powered-lift category rating and a type rating to fly a powered-lift aircraft. The required category rating introduced a unique challenge for powered-lift pilots, as there are currently no civilian powered-lift aircraft and therefore no means for a pilot to obtain training in an aircraft with single controls, which encompasses many of the eVTOL aircraft currently in development.
The proposal also aligned operational rules primarily with airplane rules, despite the unique capabilities of powered-lift aircraft to take off and land vertically, like a helicopter, while flying enroute similarly to an airplane.
NATA Drives AAM Progress
In joint comments with other trade associations and stakeholders, NATA urged the FAA to more closely align its rulemaking with existing ICAO standards and guidance, which include a path for powered-lift pilots to add a powered-lift type rating to a commercial airplane or rotorcraft certificate without a new category rating. NATA also asked the FAA to align with ICAO guidance for powered-lift operational rules which evaluates the capabilities of powered-lift aircraft and considers helicopter rules to be more appropriate in most cases. These comments demonstrated the strong consensus positions across the industry.
NATA membership also actively participated in conversation on Capitol Hill during NATA’s yearly Day on the Hill Event. AAM leaders had the opportunity to discuss the SFAR Notice for Proposed Rulemaking (NPRM) with legislators, highlighting the important role AAM can play in the general aviation environment through AAM’s inherent flexible transportation capabilities and sustainability.
NATA further participated in regulatory meetings with the Office of Management and Budget (OMB), FAA, DOT, and other associations, where the associations shared with OMB the potential negative impacts of the proposed SFAR on industry and the importance of having rulemaking align with current standards in the industry. This alignment was and is still crucial to not “reinventing the wheel’ or posing unnecessary barriers to OEMs in the marketplace.
To date, the NATA team, including members of the AAM Committee, continue to participate in conversations with industry, other associations, and regulators to understand and communicate the rule’s requirements and anticipate further questions in best supporting the changing landscape of advanced air mobility.
SFAR Pilot Qualifications
The FAA held its course on pilot qualifications, requiring pilots to obtain a powered-lift category rating, powered-lift instrument rating, and a type rating in order to fly powered-lift aircraft. This approach exceeds ICAO SARPs and contrasts with the approaches of some other major civil aviation authorities.
However, the FAA recognized the industry’s concerns regarding single controls, introducing three alternate pathways for obtaining powered-lift category, instrument, and type ratings. These pathways include: 1. aircraft with dual controls, 2. aircraft with single controls, and 3. a deviation path, allowing the FAA to evaluate technological advancements and allow for alternate options.
To use the pathway for aircraft with single controls, a pilot must complete a category rating, instrument rating, and type rating at the same time and must complete training under a part 135, 141, or 142 approved training program,offering the FAA additional oversight in powered-lift pilot training.
SFAR Operational Rules
While the FAA held its ground on pilot qualifications, the agency reconsidered many operational rules in the final rule. Instead of requiring compliance with airplane operational rules, the FAA provided alternatives for operators to utilize helicopter rules regarding minimum safe altitude, weather minimums, and some other requirements when the aircraft is generally flying as or is capable of flying as a helicopter, i.e., with vertical landing capability.
In other words, when you see a powered-lift out in the wild at your local airport, you should generally expect it to act like a helicopter.
What is Not in the Rule
As important as what is in the rule is what ISN’T included.
Autonomy
The FAA did not include pilot qualification requirements or operational rules related to remotely piloted operations or autonomous flight. The FAA acknowledges that autonomous powered-lift may be developed in the future and subsequent rulemaking would be necessary to implement that technology.
The aircraft under development and likely to be certificated in the next few years all require at least one pilot at the controls in the aircraft. Some remotely piloted or autonomous aircraft are under development, but will not be the initial launch aircraft for this sector.
Virtual Reality and Beyond
The FAA’s final rule also doesn’t include flight training or aeronautical experience credit for virtual reality (VR), extended reality (XR), or mixed reality (MR).
However, the FAA acknowledged the potential benefits of “immersive simulation technologies” in improving simulator quality and reducing the overall cost of simulation in pilot training. The FAA cited concerns of degradation of pilot performance and increased simulation sickness in VR-equipped simulators. Operators and training providers may still use these technologies for classroom instruction.
While this rulemaking does not extend credit for VR, XR, or MR, the FAA is conducting an immersive simulation research study to examine these and other concerns while working with industry toward qualification of lower-level helicopter flight simulation training devices (FSTDs) with VR.
Additional FAA acceptance of VR, XR, or MR could reach well beyond powered-lift aircraft training and result in highly effective, lower cost training for all aircraft types.
Charging
The powered-lift final rule also doesn’t address aircraft charging requirements. While many in the industry are curious about how these aircraft will be charged – and how to get a charger installed at their airport or FBO – aircraft charging is outside the scope of the final rule. Instead, manufacturers and standards groups are working to identify charging needs and establish industry standards, where appropriate.
A particular aircraft type’s charging requirements is determined as part of the FAA’s aircraft certification process, a separate endeavor from this operations and pilot qualifications rulemaking.
Powered-Lift Implementation in the NAS
What should you expect when powered-lift aircraft launch in the next year or so? Well, it will look kind of –normal–just like a shuttle-type service now, Drummond explained.
Thoughl decisions and policies for powered-lift operations are still in discussion, based on the final rule, powered-lift aircraft should be permitted to land at traditional airports and heliports. While you might see them at your home airport, there are practical limitations to consider of course, such as aircraft separation standards.
“This rulemaking is a breath of fresh air and an introduction to what we could have in the future, including performance-based standards and more flexibility in training,” said Drummond. “It opens the door for accelerating the future and maintaining the high level of safety the U.S. aviation industry is known for.”
Players in the traditional aviation arena should watch developments in powered-lift and other areas of AAM, not just to understand how airspace integration will occur but also to benefit from advances in technology and maturing regulatory policies.
