Story ID: 442
FAA Greenlights eVTOL Regs as NBAA-BACE Opens
By: Charles Alcock
Caption: FAA chief Michael Whitaker: “It’s here today. It is now a final rule” 
Word Count: 1446
The FAA’s release of its special federal aviation regulation (SFAR) for “Integration of Powered Lift: Pilot Certification and Operations” coincided with the opening session at NBAA-BACE 2024 on Tuesday, with NBAA president and CEO Ed Bolen and FAA Administrator Michael Whitaker first breaking the news of its arrival to a standing-room audience. “It’s here today,” Whitaker told the crowd gathered at the opening session. “It is now a final rule.” 
Much anticipated, the SFAR forms the foundation for the introduction of eVTOL aircraft in the U.S., establishing the necessary operational and training requirements for "powered-lift" aircraft. In announcing the SFAR, the FAA called powered lift the first new category of civil aircraft since helicopters were introduced in the 1940s. 
Whitaker praised the expediency of developing the regulation and its historical significance. “I don’t know the last time we went from an idea to a final rule in 16 months, that is lightspeed,” Whitaker said. “This is exciting. This is a new category of aircraft. For years, we’ve only had rotor and fixed wing. Now we have a third type. It’s really an extraordinary moment.” 
When asked by AIN about his past experiences as a senior executive with Supernal, he declined to speculate about what his former colleagues’ reaction to the SFAR could be. “I'm recused from any contact in my new role, so I haven't had any discussions about it, but I think coming from that background, it's a new form of transportation and to just make an aircraft but not have an effective way to fly would be a missed opportunity,” he said.
The administrator further provided a little insight into the FAA's approach to the SFAR: "I think what we've done here is complete the ecosystem to come up with performance-based rules for operation and a recognition that there's some pretty amazing technology in these vehicles, but they're all different. So we've got flexibility to deal with things such as pilot training and calculating the minimum altitudes and fuel reserves in a performance-based way. It creates that ecosystem to allow this industry to thrive.”
While much of the attention has focused on which of the aircraft developers will be first to attain FAA aircraft type certification, the long-awaited SFAR marks a critical waypoint in the long journey to launch commercial operations with eVTOLs. 
Regs Arrive Just In Time For eVTOL Air Taxis
With U.S. advanced air mobility (AAM) sector frontrunners such as Archer Aviation and Joby committed to making first deliveries and starting air taxi services in 2025, the SFAR release on Tuesday has not come a moment too soon. These manufacturers and their various customers and partners will now be scrambling to assess whether the published requirements present any late obstacles to service entry.
At Honeywell Aerospace’s third-annual Advanced Air Mobility Summit held a month ago in Washington, D.C., Christopher Coes, acting under secretary of transportation for policy at the U.S. Department of Transportation (DOT), implied that the SFAR would not spring any surprises on the industry. “I think you will see it is quite responsive to the comments,” he said, referring to the lengthy consultation process conducted by the FAA.
The industry has had cause for concern over what it has viewed as possible roadblocks the SFAR could introduce. In 2022, the FAA pitched a curve ball at the industry when it unexpectedly resolved not to stick to a previously settled framework to certify eVTOLs under existing Part 23 rules. Instead, it determined that the 21.17(b) special class of requirements should apply, albeit while accepting that already completed work toward type certificates would remain valid.
When the SFAR consultation period closed 14 months ago, GAMA was the main conduit for industry responses that were collated on behalf of multiple member companies, including eVTOL developers. That group called for the FAA to take a performance-based approach to the SFAR regulations, saying that this would be needed to support the early adoption of AAM.
GAMA's submission highlighted the following four aspects of the draft SFAR about which aircraft manufacturers were concerned: the basis on which pilots will be certified to fly the new aircraft types; the requirement for dual controls in the flight deck; flight simulation devices; and the requirements for energy reserves electric aircraft will need to have to ensure they can land safely in the event of an emergency.
The energy reserves requirement is critical to determining the effective range for the new aircraft, which are mostly constrained by the limits of today’s battery technology to flying short sectors of up to around 100 miles.
In its submission, NBAA maintained that the FAA proposals were not aligned with existing ICAO standards and would therefore risk “creating an unnecessary burden for many powered-lift manufacturers and operators, and establishing impossible mandates for powered-lift with single-set controls.”
AAM companies seeking to address demand for eVTOL aircraft on both sides of the Atlantic have had to contend with the fact that European regulator EASA is taking a different approach from the FAA. In Europe, the plan is to do this through established Special Condition VTOL regulations covering EASA's proposed means of compliance for type certification.
California-based Joby and Archer both appear to be in the latter stages of securing type certification for their four-passenger eVTOLs. Both have aspired to having certification in hand by the end of this year to allow them to start deliveries as early as possible in 2025.
 Where First: New York, LA, or Dubai?
Recently, both companies have appeared more reticent to commit to a precise timeline for the launch of commercial operations in U.S. cities, including Los Angeles, New York, and Chicago. Perhaps tellingly, at a recent presentation of Joby’s aircraft in New York City’s Grand Central Station, Bonny Simi, the company’s head of air operations and people, told AIN that its first air taxi services are now expected to be in Dubai in the latter part of 2025.
Simi’s comments implied that operations in U.S. cities might not begin until 2026. Regulators in the UAE appear exceptionally eager to fast-track the approval of advanced air mobility operations and could be set to steal the thunder from the FAA and EASA.
While the industry community was reviewing the final details of the SFAR and its ramifications, leaders widely welcomed its release.
"The regulation published today will ensure the U.S. continues to play a global leadership role in the development and adoption of clean flight,” said JoeBen Bevirt, founder and CEO of Joby in response to the release of the SFAR. “Delivering the guidance ahead of schedule is testament to the dedication, coordination and hard work of the rulemaking team.”
Sergio Cecutta with SMG Consulting, which works closely with companies in the AAM sector, added: “These regulations mean a stable standard for the current and upcoming OEMs that are certifying and will certify power 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.”
National Air Transportation Association (NATA) president and CEO Curt Castagna further stated: “The release provides a pathway to open dialogue between operators, OEMS, and other industry stakeholders with FAA regulators. NATA continues to support the AAM industry’s push toward aligning certification, training, and requirements with ICAO standards and recommendations. The association will analyze the rule and looks forward to continuing collaboration with our members and the Agency on next steps."
"We applaud the FAA for their timely delivery of a safe path forward for pilot certification and operations of powered lift aircraft,” said Kristen Costello, Beta Technologies' regulatory affairs lead. “It’s an important and encouraging step for the industry. We look forward to reviewing it in depth and working alongside our customers to operationalize it.”
Tuesday's opening ceremonies at BACE also featured the awarding of the NBAA Meritorious Service to Aviation Award to father and son Laurent and Pierre Beaudoin—Bombardier's founder and former CEO and the current board chairman, respectively.
Astrophysicist Neil deGrasse Tyson closed out the opening ceremony as the keynote speaker, encouraging attendees to use the conference as inspiration to continue in their aspirations. “I’m not worried about the youth,” he concluded. “I’m worried about adults who have lost their curiosity.”