The path to powered-lift operations: FAA publishes final SFAR rule


FAA test pilots flew BETA's Alia aircraft alongside a BETA test pilot in qualitative evaluation flights ahead of publishing the powered lift rule.

The FAA has published its Special Federal Aviation Regulation (SFAR) for powered-lift aircraft such as air taxis and cargo delivery.  

Passed in less than 18 months, the rule making process has been conducted at “lighting speed”, according to FAA Administrator Michael Whittaker who announced the rule’s publication today at NBAA-BACE in Las Vegas. 

The 880-page SFAR is designed to create a pathway to train the first pilots who will fly winged-eVTOL aircraft, which fall under the powered-lift category. It will come into force 60-days after initial publication in the Federal Register, which is believed to be imminent. However, Whitaker noted the rule would be very “flexible” .

“The FAA will continue to prioritise the safety of our system as we work to seamlessly integrate innovative technology and operations. This final rule provides the necessary framework to allow powered lift aircraft to safely operate in our airspace,” said Whitaker. “Powered lift aircraft are the first new category of aircraft in nearly 80 years and this historic rule will pave the way for accommodating wide-scale AAM operations in the future.” 

Highlights of the rule include:

·        Makes changes to numerous existing regulations and establishes a SFAR with new requirements to facilitate instructor and pilot certification and training.

·        Applies helicopter operating requirements to some phases of flight and adopts a performance-based approach to certain operating rules.

·        Allows pilots to train in powered-lift with a single set of flight controls; legacy rules require two flight controls – one for the student and one for the instructor.

Back in June the FAA published its proposed 160-page SFAR, receiving 75 comments and mixed reactions from the industry at the time. 

Bristow said that, as a whole, the FAA’s proposed rules make a good start to overcoming the regulatory challenges around powered-lift. 

However, the operator noted there are “certain areas” where the proposed rules will limit rather than encourage AAM innovation and integration. Bristow questioned the proposed fuel reserve rule, whereby an eVTOL is required to have a 30-minute reserve in VFR conditions and 45-minutes in IFR conditions.

A 13-page letter from the General Aircraft Manufacturers Association (GAMA) noted “unprecedented burdens on industry arise as early as the FSB [FAA Flight Standardization Board]  process”

GAMA explained for traditional airplanes or helicopters requiring a type rating, the aircraft manufacturer submits its proposed type rating to FAA FSB members who already hold pilot certificates with the appropriate category and class.

“Very few, if any, FAA FSB pilots hold a powered-lift category rating at the commercial level. The burden of providing FAA pilots with no fewer than 50 powered-lift flight hours is placed on the applicant manufacturer. The likelihood of multiple powered-lift aircraft manufacturers entering the FSB process simultaneously suggests this is not a one-time concern.”

 A number of eVTOL manufactures, including Joby, also said it would be very difficult for them to provide 50 powered-lift flight hours to the FAA’s FSB pilots who are part of the certification process.

GAMA’s comments were supported by a number of organisations including: Experimental Aircraft Association (EAA), National Air Transportation Association (NATA) and NBAA.

In light of the rule’s publication, Revolution.Aero has been in dialogue with industry stakeholders.

BETA Technologies Regulatory Affairs Lead Kristen Costello told us: “We applaud the FAA for their timely delivery of a safe path forward for pilot certification and operations of powered lift aircraft. It’s an important and encouraging step for the industry. We look forward to reviewing it in depth and working alongside our customers to operationalise it.”

Revolution.Aero will publish further reaction in due course.

  
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