Public Comment Period Imminent

On 08 June 2023, the FAA published a preview of its long-awaited Special Federal Aviation Regulation (SFAR) Notice of Proposed Rulemaking (NPRM) addressing operational and airman qualification requirements for powered-lift aircraft.

Subject rulemaking, which the FAA called “a key step toward safely enabling Advanced Air Mobility (AAM),” is salient to the industry-wide launch of electric Vertical Take-Off and Landing (eVTOL) aircraft.

In the proposed rule’s preamble, the FAA explains the rulemaking is necessary insomuch as existing regulations failed to anticipate the design diversity of the powered-lift aircraft soon to be undergoing the FAA’s type certification process.

The agency maintains the extant aeronautical experience requirements for powered-lift aircraft are inconsistent with the effective and efficient training and certificating of the initial cadre of powered-lift flight instructors and pilots.

Furthermore, the regulations for certain commercial operations under Part 135 lack specific language addressing qualifications for powered-lift pilots. Considered against the Part 135 requirements for pilots of airplanes and helicopters, the omission occasions a safety gap.

NBAA director of regulatory affairs Brian Koester stated: “NBAA appreciates the FAA’s efforts to release this NPRM expeditiously paving the way for the future of air mobility and we are grateful for the opportunity to answer the agency’s questions from the industry’s perspective. NBAA will work with members and stakeholder groups to thoroughly evaluate the proposal and suggest opportunities to improve safety and functionality where necessary.”

In addition to airman qualifications, the proposed rule addresses several operational subparts, thereby allowing for powered-lift operations under Parts 91, 135, and 136 Commercial Air Tours and National Parks Air Tour Management.

Mr. Koester added: “This proposed rulemaking is an important milestone towards the safe implementation of eVTOL aircraft in the National Airspace System. We applaud the FAA’s commitment to timely publication of this SFAR and look forward to providing additional industry insight in public comment.”

The aforementioned rulemaking will be formally published on 14 June. Public comments pertaining to such must be submitted by 12 August 2023.

The National Business Aviation Association (NBAA) is a Washington D.C.-based non-profit organization founded in 1947 for purpose of fostering an environment conducive to business aviation’s success both in the United States and around the world.

FMI: www.nbaa.org