No one doubts the significance of the special federal aviation regulation for the “Integration of Powered Lift: Pilot Certification and Operations” issued with much fanfare during the NBAA-BACE business aviation trade show last week in Las Vegas. However, there is still a shroud of doubt imparing visibility as to how the ambitious and impatient advanced air mobility (AAM) sector will deal with what the U.S. regulator is requiring for commercial operations of, mainly, eVTOL aircraft.
In its final rule, the FAA has spelled out permanent amendments to 14 CFR rules and also a special federal aviation regulation (SFAR) that will remain in force for an initial 10-year period. They apply to aircraft defined as “heavier-than-air and capable of vertical takeoff, vertical landing, and low-speed flight, which depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on non-rotating airfoils for lift during horizontal flight.” The FAA’s approach leaves scope for rules to be updated once it is clearer how the first phase of advanced air mobility will materialize and what lessons need to be learned.
According to Sergio Cecutta, whose SMG Consulting firm works closely with multiple players in the AAM sector, the SFAR publication is to be welcomed. “These regulations mean a stable standard for the current and upcoming OEMs that are certifying and will certify powered-lift aircraft,” he told AIN. “It takes away the uncertainty in the regulatory path and therefore reduces the certification risk and costs for the OEMs as they know without ambiguity what they have to test.”
The measures, drawn up after an extensive consultation process with multiple stakeholders, are intended to enable operations under existing Part 91 rules for private operations and Part 135 rules applying to commercial flights. They also cover Part 136 commercial air tour operations and Part 97 rules on special instrument procedures.
The 880-page document, resulting from a 14-month consultation process that closed back in August 2023, provides resolution on several key points. Most notable among these are the energy reserves that electric aircraft will be required to operate with and how eVTOL pilots will be trained and certified. Cecutta described these as the two “sticky points” from the original draft SFAR document.
Both are critical to the ability of the AAM companies to scale up their operations and meet their pledge to make eVTOL air taxi rides affordable to just about anyone. At least now, the companies know where they stand. After taking on board multiple—and sometimes conflicting—comments from the industry, the FAA has allowed some latitude.
How Far Will eVTOLs Be Permitted To Fly?
Energy reserves (as opposed to fuel reserves for non-electric aircraft) are critical to determining the useful range of the new powered-lift aircraft. FAA had planned to require these new designs to adhere to existing requirements for fixed-wing airplanes, namely a 30-minute energy reserve for daytime flights, rising to 45 minutes at night.
After considering extensive concerns about the viability of eVTOL operations, the agency relented to allow these aircraft to use the 20-minute energy reserve currently required for helicopters. However, that dispensation is conditional on the powered-lift aircraft being “continuously capable of conducting a landing in the vertical-lift mode along the entire route of flight.” If that performance cannot be assured, then the powered-lift aircraft has to stick to airplane energy reserve requirements.
The SFAR addresses one of the biggest challenges facing an industry intent on rapidly scaling up aircraft operations for a category of aircraft that no one has been trained to fly, as part of the FAA’s commitment to removing “operational barriers.” The response has been to provide a framework for something of a crawl-walk-run approach to training “an initial cadre” of pilots who can then train others.
Where Will All the Pilots Come From?
More specifically, the agency has introduced “alternative frameworks” for certifying pilots operating aircraft with single-functioning flight controls and a single pilot station. This is allowed as long as both the instructor and pilot can access the controls.
Alternatively, eVTOL manufacturers can use a full-flight simulator, rated as Level C or higher, to conduct flight training under Part 61 and Part 194 rules before the pilot flies solo. The rules also offer a third pathway in which the FAA can grant a deviation authority to allow flight training in an aircraft with a single set of flight controls in the NAS “based on future demonstrated and validated in advancements in technology.”
Pilots will be required to earn a type rating for each powered-lift aircraft they fly, as is the case for existing aircraft. They will also have to meet “qualification requirements” for Part 135 operations.
One of the more significant concessions is to allow several pathways to certificate pilots operating aircraft with a single flight control and pilot station. This applies to most in-development eVTOL aircraft, with the notable exception of Beta Technologies’ Alia 250 model, which has dual controls.
There are three options: having the single flight control accessible by both the student and the instructor, with the latter able to immediately intervene if necessary; expanding the use of simulators to allow an applicant to train in a simulator and gain experience flying solo in an aircraft; and leaving the door open, through “a deviation authority,” to make changes for future advancements in technology.
The FAA said it did not establish different classes of aircraft within the powered-lift category because “each powered-lift can have different configurations, unique inceptors, diversified flight controls, and distinctive operating characteristics.” Lack of operational data was another reason cited for an approach that resulted in requiring all powered-lift pilots in command to hold a type rating.
The agency has resolved to allow some pilots employed by manufacturers to obtain training and build experience through company test flights and crew training activities. They would then constitute the first cadre of flight instructors who could provide training for other instructors in Part 141 and 142 training organizations and at Part 135 operators. They would also take the lead in developing the necessary curricula.
The SFAR and amendments to existing rules provide alternate ways for pilots to meet flight time requirements, including cross-country flights. They expand opportunities for commercial pilots to earn type ratings through Part 135 training programs. Importantly, the alternative requirements are only available to pilots who already hold a commercial pilot license and an instrument rating.
The final rule reduces the PIC flight time requirement in a powered-lift aircraft from 50 to 35 hours, 15 hours of which can be in a Level C or higher full-flight simulator. In addition to Part 135 operations, it also covers Air Transport Pilot certification and operating experience for Part 121 commuter operations.
Positive, Polite Responses from eVTOL Pioneers
Without exception, AAM sector stakeholders publicly endorsed the FAA’s SFAR ruling. If they have any reservations, they choose to accentuate the "glass-half-full" aspect, presumably while they digest the full implications of this lengthy document.
While companies have welcomed the certainty provided by the SFAR, they have largely stayed quiet when it comes to explaining how they will meet these requirements and whether this will involve changes to their aircraft or to the planned missions for them. AIN asked several front-runners in the eVTOL race to market to discuss how SFAR implementation might impact their plans.
Here is a sample of official company responses:
Beta Technologies:
Tuesday [October 22] was a great day for aviation. Between the timely release of the powered-lift SFAR and the clear incorporation of industry feedback in the rule set, the FAA has demonstrated its support for AAM. It's a huge step forward to have clear requirements for the training and operations of this new type of aircraft. It will allow the entire industry, Beta included, to continue running toward commercialization safely and efficiently. Beta is encouraged to have a straightforward path to compliance that requires no alternate pathways for pilot training, and flexible fuel reserve requirements. This rule will allow us to begin meaningful and safe operations on day one, and deliver for our customers as intended. We look forward to continuing to work with our customers to implement these rules as we begin to operationalize together.
Joby Aviation’s founder and CEO, JoeBen Bevirt:
The regulation published today will ensure the U.S. continues to play a global leadership role in the development and adoption of clean flight. Delivering the guidance ahead of schedule is testament to the dedication, coordination, and hard work of the rulemaking team.
The SFAR delivered by the FAA includes flexible pathways that will support a safe and timely entry into service for the new class of aircraft. We're engaging with the FAA to discuss the revisions required to our existing Part 135 operating manuals.
Bristow's executive vice president and chief transformation officer, Dave Stepanek:
Bristow is currently reviewing the full SFAR and are in the early stages of fully understanding the new SFAR and potential impacts. In general, we are pleased with the process and progress to achieve this important milestone and notably clearer guidance for AAM as we progress to early commercial operations.
Archer Aviation’s chief regulatory affairs officer and former FAA administrator, Billy Nolen:
The regulations laid out in the FAA’s powered-lift SFAR align with our planned approach to commercial operations, pilot training, and Midnight's operational capabilities—we don't anticipate any impact to Archer's commercialization timeline.
Our team is very pleased with the outcome of the FAA's final powered-lift SFAR that was released yesterday. This comes ahead of schedule and further solidifies our path to market by providing clear direction on what is required for the safe operation of eVTOL aircraft in the U.S.
Below are our initial key takeaways on the three areas of the SFAR that our industry has been focused on. As you know, the SFAR is a huge document that our teams and I are still reviewing. We’ll continue to assess the doc and its contents and work with the FAA to develop our operational plans to align to the final SFAR. We look forward to being one of the first to pioneer eVTOL aircraft operations here in the U.S.
𝐃𝐮𝐚𝐥 𝐂𝐨𝐧𝐭𝐫𝐨𝐥𝐬
The final SFAR (versus the initial draft) has significantly expanded our ability to use flight simulator technology as part of our pilot training and qualification programs. This includes allowing pilot trainees to earn credit for certain simulator time, as well as greatly expanding our ability to use simulator technology as part of a streamlined pathway for our pilot certification. The SFAR also incorporates several very workable options for training pilots in our aircraft using a single set of controls.
𝐅𝐮𝐞𝐥 𝐑𝐞𝐬𝐞𝐫𝐯𝐞𝐬
The final SFAR allows aircraft to take advantage of certain helicopter operating rules as long as the operator complies with the appropriate risk mitigations that are detailed in the rule. For example, an operator may use the helicopter fuel requirements under § 91.151 if the powered-lift aircraft is continuously capable of conducting a landing in the vertical-lift flight mode along the entire route of flight. This gives us a strong basis to work closely with the FAA on our detailed operational plan for our planned networks to ensure compliance with these requirements.
𝐂𝐫𝐨𝐬𝐬-𝐂𝐨𝐮𝐧𝐭𝐫𝐲 𝐑𝐞𝐪𝐮𝐢𝐫𝐞𝐦𝐞𝐧𝐭
The final SFAR cross-country requirement provides workable provisions and alternative paths that fit within the capabilities of most eVTOL aircraft, including Midnight, to create a safe and attainable pilot training framework for the industry to adhere to."