The Federal Aviation Administration (FAA) on Oct. 22, 2024, took a significant step toward the future of advanced air mobility (AAM) travel by releasing its final Special Federal Aviation Regulation (SFAR) on powered-lift pilot certification and operation. The powered-lift category of aircraft includes electric vertical takeoff and landing (eVTOL) aircraft or air taxis. Although the powered-lift category has existed for a long time, it was largely unused in the civil context until recent innovations in electric propulsion made powered-lift aircraft more attractive. This updated FAA approach to powered lift aircraft is expected to be the most significant innovation in civil aviation since the introduction of helicopters in the 1940s. Powered-lift aircraft, capable of vertical takeoff like helicopters and efficient cruising like airplanes, are set to revolutionize urban mobility, cargo delivery and other aviation services. FAA Administrator Michael Whitaker's background working for an eVTOL company prior to his nomination helped inform the FAA's approach and priority to this SFAR. While this new rule paves the way for widespread use of powered-lift aircraft, it also introduces a host of legal and regulatory complexities that businesses must navigate.
Navigating the Legal Framework of Powered-Lift Operations
The FAA's rule lays out specific requirements for pilot training, operational standards and certification for powered-lift aircraft. As the rule introduces significant regulatory changes, businesses involved in developing or operating powered-lift technology will need to understand the implications of these changes to ensure compliance. This includes compliance with both new and existing aviation regulations, including Title 14 of the Code of Federal Regulations (CFR), which now incorporates special requirements for powered-lift under SFAR.
- Pilot Training and Certification
Compliance. The FAA's final rule includes a
comprehensive framework for the certification and training of
pilots and instructors in powered-lift operations. Due to the
unique nature of these aircraft – combining characteristics
of both helicopters and airplanes – the rule applies some
helicopter-specific operating requirements during certain phases of
flight, while adopting a performance-based approach for other
aspects of operations. Notably, the SFAR allows AAM companies to
train pilots in powered-lift with a single set of flight controls.
This changes the FAA's precedent, which traditionally required
two flight controls – one for the student and one for the
instructor.
For businesses developing pilot training programs, it's important to note that the FAA has left the door open for future advancements in training technology. Under 14 CFR Part 11, companies may petition for exemptions if they can demonstrate that new training technologies can achieve equivalent safety outcomes. For now, however, advancements in Full Flight Simulator Devices (FSTD) are not yet sufficient to warrant a reduced training footprint, meaning companies must comply with the FAA's current requirements. Any business interested in proposing an alternative training solution will need to petition the FAA for an exemption in accordance with Part 11.
- Waivers and Exemptions for
Operations. Another critical element of the new rule
is its provision for waivers under 14 CFR § 91.903. The FAA
has amended this section to allow waivers for powered-lift aircraft
under certain operating conditions. For example, Section 91.107,
which deals with the use of safety belts, is a waivable regulation
under Section 91.903, and the corresponding powered-lift regulation
(Section 194.302(c)) will also be waivable. This flexibility in
regulations offers a pathway for businesses to request deviations
from specific operating rules, provided they can demonstrate that
safety standards will be maintained.
However, not all regulations are waivable. In cases where a specific rule cannot be waived, powered-lift operators may still petition the FAA for an exemption, providing another legal pathway for businesses seeking operational flexibility. Companies engaged in innovative approaches to powered-lift operations can petition for rulemaking or request exemptions when necessary, enabling them to adapt to evolving industry needs.
- Opportunities for Innovation and Legal
Considerations. Though the FAA's rule provides
the framework for powered-lift operations, it also is expected to
spur innovation within the industry. The FAA acknowledges that
technological advancements may lead to new approaches to training,
operations and safety. Businesses that pioneer new technologies or
methodologies in powered-lift operations have the option to
petition for regulatory exemptions or request the FAA consider new
rules under Part 11. This offers a significant opportunity for
companies to influence future regulatory developments and carve out
competitive advantages in the powered-lift market.
At the same time, businesses must remain vigilant about regulatory compliance. The FAA has made it clear that safety remains its top priority, and the agency will closely scrutinize any petitions for exemption or rulemaking to ensure they align with established safety standards. Experienced legal counsel is essential to successfully navigating these regulatory waters, ensuring that any requests for waivers or exemptions are thoroughly supported by safety data and operational justification.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
