194, the requirements for an instrument rating in Sec.  61.65(f) or the
applicable alternate requirements set forth by proposed part 194, and
the requirements for adding a type rating in Sec.  61.63(d).\178\ As
discussed later in this section, the FAA is proposing that the operator
may use the competency check and instrument proficiency check required
by part 135 to satisfy the practical test requirements with some
modifications.
---------------------------------------------------------------------------

    \178\ Operators that need to provide type ratings to powered-
lift pilots who already hold powered-lift category ratings and
instrument-powered-lift ratings would follow existing regulations in
the same manner as operators using airplanes and rotorcraft that
require the pilot to hold a type rating.
---------------------------------------------------------------------------

    In addition, the FAA notes that, under the special rules in Sec.
135.324, a certificate holder may contract with, or otherwise arrange
to use the services of, a training center certificated under part 142
to conduct training, testing, and checking required by part 135
provided the part 142 training center meets the requirements in Sec.
135.324(b).\179\ This rule would extend to the part 135 operator's
approved certification curricula under the SFAR. As such, an operator
could partner with a part 142 training center, which would deliver the
part 135 operator's approved certification curriculum. Likewise, the
operator could simply send its pilots to a part 141 pilot school or
part 142 training center to obtain the necessary powered-lift ratings
before returning to the part 135 operator to complete the required part
135 training and checking.
---------------------------------------------------------------------------

    \179\ Section 135.324 also allows a part 135 operator to use
another part 135 operator to provide its training program under
contract or other arrangement. That flexibility would also be
available to operators for the proposed certification curriculum.
---------------------------------------------------------------------------

iii. Pilot Eligibility
    The FAA is also proposing eligibility standards for the pilots who
may be trained under a part 135 airman certification training
curriculum, which would be set forth by proposed Sec.  194.243(a)(3).
As proposed, a certificate holder may train a pilot for powered-lift
ratings only if the pilot is employed by the part 119 certificate
holder. This limitation is consistent with other part 61 provisions
that recognize training activity by part 135 operators and with the
rationale for expanding part 135 training, namely, to grant flexibility
to operators trying to qualify sufficient pilots for their operations.
The pilots would also be required to meet the certificate and rating
requirements of proposed Sec.  194.215(a), which would require at least
a commercial pilot certificate with either an airplane category rating
with single or multiengine class rating and an instrument-airplane
rating, or a rotorcraft category rating with a helicopter class rating
and an instrument-helicopter rating. This proposal is consistent with
the alternate experience requirements in proposed part 194, and the FAA
proposes to impose it on the part 135 operator for

the same reasons identified in the discussion of that proposal.
iv. Part 135 Instructors
    Currently, the instructors in part 135 are not required to hold a
part 61 flight instructor certificate. Rather, a part 135 instructor
must meet only the specific part 135 instructor qualification and
training requirements in Sec. Sec.  135.338 and 135.340, respectively.
Among these requirements, the instructor must be PIC qualified for the
aircraft and the operation,\180\ satisfactorily complete the approved
part 135 instructor ground and flight training, and may undergo
continued observation by their POI, if necessary, or the operator's
check pilots to ensure the quality and effectiveness of the instruction
after initial instructor acceptance. Part 135 instructors focus on
training pilots in a particular aircraft in the specific operation
rather than on basic airman certification requirements. This training
includes the operator's specific policies and procedures detailed in
its manuals, such as crew resource management, flight planning
procedures, authorized approach procedures, and operations in weather
conditions like icing conditions.
---------------------------------------------------------------------------

    \180\ This includes holding the airman certificates and ratings
required to serve as a PIC in the certificate holder's operations,
satisfactorily completing the training phases for the aircraft,
including recurrent training, that are required to serve as a PIC in
the certificate holder's part 135 operations, satisfactorily
completing the instrument proficiency and competency checks that are
required to serve as a PIC in the certificate holder's part 135
operations, and if instructing in an aircraft inflight, meeting the
PIC recency of experience requirements.
---------------------------------------------------------------------------

    By contrast, to provide flight training to another person to meet
the requirements for a certificate, rating, or privilege, part 61
generally requires a person to hold a flight instructor certificate
issued under that part with the appropriate ratings on that
certificate. Specifically, pursuant to Sec.  61.3(d)(2), a person must
hold a flight instructor certificate issued under part 61 to give
training required to qualify a person for solo flight and solo cross-
country flight and to give certain endorsements. These endorsements
include endorsing an applicant for a pilot certificate and ratings,
flight instructor certificate and ratings, and ground instructor
certificate and ratings issued under part 61, endorsing a pilot logbook
to show training given, or endorsing a logbook for solo operating
privileges.\181\
---------------------------------------------------------------------------

    \181\ 14 CFR 61.3(d)(2)(ii) through (iv).
---------------------------------------------------------------------------

    There are certain instances, however, when a flight instructor
certificate issued under part 61 is unnecessary. For example, under
Sec.  61.3(d)(3)(ii), a flight instructor certificate is not necessary
to provide the training and endorsements if the training is given by
the holder of an ATP certificate with a rating appropriate to the
aircraft in which the training is given, provided the training is given
in accordance with the privileges of the ATP certificate \182\ and
conducted in accordance with an approved air carrier training program
under part 121 or 135. The FAA notes that this exception from holding a
flight instructor certificate is narrow. It does not permit the holder
of an ATP certificate to offer flight training for meeting part 61
requirements outside of a part 121 or 135 training program. Rather, the
ATP must be independently qualified under the instructor requirements
in part 121 or 135 and may, in the course of providing the part 135 or
121 training, give endorsements for part 61 purposes if the part 121 or
135 training aligns with a particular requirement in part 61. For
example, an operator's training program may include flight training in
a pressurized aircraft capable of operating at high altitudes. In such
instances, a part 135 instructor who also holds an ATP certificate
would be able to provide the endorsement required by Sec.  61.31(g).
---------------------------------------------------------------------------

    \182\ Under Sec.  61.167(a)(2)(i), an ATP may instruct other
pilots in air transportation service in aircraft of the category,
class, and type, as applicable, for which the ATP is rated and
endorse the logbook or other training record of the person to whom
training has been given.
---------------------------------------------------------------------------

    In addition, although a part 135 operator does not conduct part 61
training, the FAA has acknowledged that certain training, testing, and
checking activity in part 135 may be accepted in lieu of meeting part
61 requirements. For example, as discussed, a part 135 commercial pilot
may forego the specific training required under part 61 for a type
rating training if the pilot receives a flight training record
endorsement from a part 135 certificate holder attesting that the
person completed the certificate holder's approved ground and flight
training program for the aircraft type.\183\
---------------------------------------------------------------------------

    \183\ 14 CFR 61.63(d)(6).
---------------------------------------------------------------------------

    When a commercial pilot receives training at a part 135 operator in
an aircraft that requires a type rating, the pilot already holds the
appropriate category and class ratings on at least their commercial
pilot certificate. Therefore, while the holder of an ATP certificate
with the appropriate ratings may instruct other pilots in air
transportation service, they are currently limited to instructing other
pilots who have already passed the commercial pilot practical test in
the category and class of aircraft for which the type rating is sought.
As a result, these pilots will have already satisfied the aeronautical
experience requirements for at least a commercial pilot certificate in
the appropriate category and class of aircraft (e.g., at least 50 hours
of PIC time in the category or class of aircraft for which the type
rating is sought).\184\ Additionally, these pilots will have already
demonstrated proficiency and competency within the approved standards
for a commercial pilot certificate in the appropriate category and
class of aircraft.\185\
---------------------------------------------------------------------------

    \184\ Pursuant to Sec.  61.129(a) and (b), an applicant for a
commercial pilot certificate with an airplane rating must have at
least 50 hours of PIC time in the airplane category. Similarly,
pursuant to Sec.  61.129(c), an applicant for a commercial pilot
certificate with a helicopter rating must have at least 50 hours of
PIC time in a helicopter.
    \185\ 14 CFR 61.43(a)
---------------------------------------------------------------------------

    Currently, approved training programs under part 135 do not include
training and testing required to add category and instrument ratings to
a commercial pilot certificate nor does part 61 accept part 135
training and checking activity in lieu of part 61 requirements for a
commercial pilot certificate. Therefore, the exception in Sec.
61.3(d)(3)(ii) does not enable the holder of an ATP certificate to
provide training for part 61 certification (other than the existing
allowances for type ratings or an ATP certificate).\186\ Furthermore,
the instruction privileges afforded to an ATP certificate holder are
limited to those privileges specified in Sec.  61.167(a).\187\ To
provide flight training and issue endorsements for a commercial pilot
certificate or an instrument rating, a person is currently required to
hold a flight instructor certificate issued under part 61.\188\
---------------------------------------------------------------------------

    \186\ 14 CFR 61.63(d)(6), 61.157(c).
    \187\ Section 61.167(a)(2)(i) states, in pertinent part, that
the holder of an ATP certificate may instruct other pilots in air
transportation service in aircraft of the category, class, and type,
as applicable, for which the ATP is rated. Section 61.167(a)(2)(iii)
states that ATP certificate holders may only instruct as provided in
Sec.  61.167, except that an ATP who also holds a flight instructor
certificate can exercise the instructor privileges under subpart H
of part 61 in an aircraft for which he or she is rated.
    \188\ 14 CFR 61.193(a)
---------------------------------------------------------------------------

    The FAA's proposal to allow part 135 operators to implement a
training curriculum that satisfies the training and aeronautical
experience requirements for a commercial pilot certificate with a
powered-lift category rating and an instrument-powered-lift rating
would expand the narrow exception in Sec.  61.3(d)(3)(ii).
Specifically, it would enable part 135 instructors who hold ATP
certificates with powered-lift ratings to provide training in a
powered-lift to pilots

seeking to add a powered-lift category rating and an instrument-
powered-lift rating to their commercial pilot certificate through the
part 135's airman certification curriculum. This ATP certificate
requirement would initially present an obstacle for powered-lift
because there would be a limited number of persons who would be able to
meet the aeronautical experience requirements for an ATP certificate
with a powered-lift category rating. However, even with enough ATP
certificate holders with the appropriate powered-lift ratings, the FAA
has determined that a person must hold a flight instructor certificate
issued under part 61 with the appropriate ratings to provide training
for the purpose of adding a powered-lift category rating or an
instrument rating to a commercial pilot certificate. This determination
is based on (1) the lack of powered-lift experience held by pilots
completing the part 135 training program, and (2) the curriculum
content required for the issuance of a commercial pilot certificate
with a powered-lift category rating and an instrument-powered-lift
rating.
    Unlike the current part 135 training environment, most powered-lift
pilots would come to the part 135 operator with no experience operating
a powered-lift. As a result, these pilots would receive their initial
training in a powered-lift at the part 135 operator, which presents a
unique challenge with respect to instructor qualifications considering
the airman certification curriculum content that the part 135
instructor would be responsible for delivering.
    As previously discussed, the curriculum content required to add a
powered-lift category rating and an instrument-powered-lift rating to a
commercial pilot certificate must include foundational ground and
flight training and aeronautical experience that would normally not be
included in a part 135 training curriculum. For the issuance of a
powered-lift category rating on a commercial pilot certificate, the
training must cover the knowledge areas specified in Sec.  61.125(b)
and the areas of operation contained in Sec.  61.127(b)(5). For the
issuance of an instrument-powered-lift rating, the training must cover
the knowledge areas specified in Sec.  61.65(b) and the areas of
operation contained in Sec.  61.65(c). For example, an applicant for a
commercial pilot certificate with a powered-lift category rating must
be trained and tested on cross-country flight planning, navigation
(e.g., pilotage, dead reckoning, lost procedures, and diversion), slow
flight, accelerated stalls, rapid deceleration and quick stop, and
dynamic rollover.\189\
---------------------------------------------------------------------------

    \189\ Commercial Pilot for Powered-Lift Category ACS (Draft),
Docket No. FAA-2022-1463.
---------------------------------------------------------------------------

    The holder of a flight instructor certificate with a powered-lift
category rating, however, would be qualified to provide training on
these tasks and maneuvers because each of these tasks and maneuvers are
included on the powered-lift flight instructor practical test.\190\
Thus, a person seeking a flight instructor certificate with a powered-
lift category rating would be trained and tested on their understanding
of these tasks and maneuvers, their application of that knowledge to
manage associated risks, and their ability to demonstrate the
appropriate skills and provide effective instruction for each of these
tasks and maneuvers. However, these tasks and maneuvers would normally
not be included in a part 135 approved training program for a powered-
lift type rating. Additionally, unlike the person who holds the flight
instructor certificate with a powered-lift category rating, the holder
of an ATP certificate with a powered-lift type rating would not have
been trained or tested on their ability to provide effective
instruction on these tasks and maneuvers.
---------------------------------------------------------------------------

    \190\ Flight Instructor for Powered-Lift Category ACS (Draft),
Docket No. FAA-2022-1463.
---------------------------------------------------------------------------

    Upon evaluating the curriculum content, the FAA has determined that
any risk to safety that would result from permitting pilots to receive
foundational certification training at a part 135 operator would be
minimized by requiring the instructor to hold a flight instructor
certificate with appropriate powered-lift ratings, as proposed in Sec.
194.243(a)(2). By requiring a person to hold a flight instructor
certificate with the appropriate powered-lift ratings, the FAA would
ensure that the person providing training on the required knowledge
areas and areas of operation can provide effective instruction on the
foundational tasks and maneuvers, demonstrate the skills required to
perform those tasks and maneuvers within the approved standards, and
analyze and correct common errors that occur during training of those
tasks and maneuvers.\191\
---------------------------------------------------------------------------

    \191\ Flight Instructor for Powered-Lift Category ACS (Draft),
Docket No. FAA-2022-1463.
---------------------------------------------------------------------------

    The FAA recognizes that part 135 operators would be permitted to
provide training for pilots to add powered-lift category and instrument
ratings only for the duration of the SFAR. The FAA is therefore
proposing a temporary provision in Sec.  194.203(b) to ensure that the
narrow exception in Sec.  61.3(d)(3)(ii) is not expanded in light of
the FAA's proposal, which would significantly broaden the type of part
61 training that may be provided under an approved training program
under part 135. Additionally, to ensure the ATP privileges contained in
Sec.  61.167(a) are not expanded as a result of the SFAR, the FAA is
proposing a temporary limitation in Sec.  194.205 that would prohibit a
person who holds an ATP certificate with powered-lift ratings from
instructing other pilots in accordance with an approved training
program under part 135 for the purpose of obtaining a commercial pilot
certificate with a powered-lift category rating or an instrument-
powered-lift rating. Together, these two provisions would ensure that a
part 135 instructor holds a flight instructor certificate with the
appropriate powered-lift ratings when providing the foundational part
61 certification training in a powered-lift.
    As previously discussed, the only entities that would be permitted
to offer an approved training program for powered-lift ratings would be
a part 135 operator, a part 141 pilot school, or a part 142 training
center. To provide instruction under part 141 or 142, the person must
hold a flight instructor certificate issued under part 61. The FAA
recognizes that part 135 instructors are not required to hold a flight
instructor certificate when providing instruction in the footprint of
an approved part 135 training program that exists today. However,
because the SFAR would permit part 135 operators to provide the same
part 61 certification training as the part 141 pilot schools and the
part 142 training centers, the FAA finds that the part 135 operators
are similarly situated to the pilot schools and training centers in
this instance. The FAA's proposal to require part 135 instructors to
hold a flight instructor certificate with the appropriate powered-lift
ratings would ensure that instructors seeking to provide training in
accordance with the approved airman certification training program
permitted under the SFAR are held to the same qualification standards.
    The proposed rule language has been carefully scoped to ensure that
the current part 135 training environment is not altered by the FAA's
proposal.\192\ Once an initial cadre of powered-lift pilots is
certificated, the FAA anticipates that a number of powered-lift pilots
will obtain flight instructor certificates with powered-lift ratings,

which would enable training in powered-lift under part 61. This would
result in pilots obtaining the appropriate powered-lift ratings on
their commercial pilot certificates prior to part 135 employment
consistent with the certification pathway followed by airplane and
helicopter pilots.
---------------------------------------------------------------------------

    \192\ The FAA notes that a part 135 instructor who holds an ATP
certificate with powered-lift ratings may utilize the allowance in
Sec.  61.3(d)(3)(ii) to the same extent as currently exercised by
part 135 instructors who hold ATP certificates with other category
ratings.
---------------------------------------------------------------------------

    The FAA understands that permitting a part 135 operator to elect to
provide part 61 training for basic certification is a novel approach
that may conflict with the historical precedent for part 135 training,
which focuses on training a pilot to serve in a particular operational
environment. Nevertheless, the introduction of powered-lift as a new
category presents unique challenges for airman certification. The FAA
encourages comment from part 135 operators on whether they would
provide an approved airman certification training program that results
in commercial pilot certification in a powered-lift and the obstacles
that may prevent part 135 operators from utilizing the proposed
alternate pathway set forth in the SFAR.
v. Checking and Testing
    Part 135 initial training culminates in evaluations of the pilot's
proficiency through the completion of a competency check under Sec.
135.293(b) and, if conducting operations under IFR, a PIC instrument
proficiency check under Sec.  135.297. The FAA is proposing in Sec.
194.243(b)(1) that, at the completion of the certification curriculum
and the part 135 operator training, a pilot may apply to add a powered-
lift category rating concurrently with an instrument-powered-lift
rating and an initial powered-lift type rating to their commercial
pilot certificate if the person successfully completes the written or
oral testing under Sec.  135.293(a)(2) and (3), a competency check
under proposed Sec.  135.293(b), and an instrument proficiency check
under proposed Sec.  135.297 provided certain conditions are met.\193\
---------------------------------------------------------------------------

    \193\ As noted earlier, PICs serving in VFR only operations
under part 135 would not be required to complete an instrument
proficiency check under Sec.  135.297. SICs serving in VFR or IFR
part 135 operations also are not required to complete an instrument
proficiency check under Sec.  135.297. Nevertheless, an operator may
opt to provide a Sec.  135.297 instrument proficiency check to its
pilots to issue an instrument-powered-lift rating to meet the
requirements of proposed Sec.  135.243(b) and existing Sec.
135.245(a).
---------------------------------------------------------------------------

    First, the competency check would be required to include the
maneuvers and procedures required for the issuance of a commercial
pilot certificate with a powered-lift category rating and a powered-
lift type rating.\194\ Since a pilot completing the part 135 competency
check under this proposal would not have previously demonstrated
competence for the powered-lift category, it is crucial that the pilot
complete all maneuvers and procedures required for the issuance of the
powered-lift category rating and powered-lift type rating at the
commercial pilot level.
---------------------------------------------------------------------------

    \194\ See 14 CFR 61.127(b)(5) and 61.157(e)(3) and the
applicable ACS.
---------------------------------------------------------------------------

    Second, the instrument proficiency check would be required to meet
the requirements of Sec.  135.297 as applicable to a PIC holding a
commercial pilot certificate, which includes the maneuvers and
procedures required for the issuance of an instrument-powered-lift
rating.\195\ As described in Sec. Sec.  135.293(e) and 135.297(c),
competent performance of each maneuver and procedure on the competency
check and instrument proficiency check requires that the pilot be the
obvious master of the aircraft, with the successful outcome of the
maneuver never in doubt. Finally, as proposed in Sec.  194.243(c), the
testing, competency check, and instrument proficiency check would be
administered by an ASI, APD who is authorized to perform competency
checks and instrument proficiency checks for the certificate holder, or
a TCE with appropriate certification authority who is also authorized
to perform competency checks and instrument proficiency checks for the
certificate holder.
---------------------------------------------------------------------------

    \195\ The FAA notes that since the instrument proficiency check
is being used to meet the practical test requirements for an
instrument-powered-lift rating, the check must include all
approaches required by the Instrument Rating--Powered-Lift ACS, even
if the pilot will not be authorized to conduct one or more of those
approaches during part 135 operations. For example, an operator may
not be authorized to conduct circling approaches during part 135
operations. However, a pilot completing an instrument proficiency
check for the purposes of adding an instrument-powered-lift rating,
must still satisfactorily complete a circling approach during the
check.
---------------------------------------------------------------------------

    Furthermore, the FAA proposes to exclude the use of certain part
135 regulations that apply to the competency check and instrument
proficiency checks previously discussed in proposed Sec.
194.243(b)(1)(iii). Specifically, under proposed Sec.  194.243(b)(2),
the allowance in Sec.  135.301(b) would not be applicable to the
competency check and instrument proficiency check. Section 135.301(b)
allows that, if a pilot fails a maneuver on a check, the person giving
the check may provide the pilot with additional training during the
check and then the pilot must repeat the failed maneuver. Because the
competency check and instrument proficiency check are meeting the
flight proficiency portion of the practical test and the pilot is
demonstrating competence in the powered-lift category for the first
time, the FAA asserts that it is essential that the pilot be held to
the same standard as required by Sec.  61.43(c) for other pilots
completing a powered-lift practical test. Section 61.43(c) specifies
that, if a pilot fails any area of operation, that pilot fails the
practical test. As such, the FAA proposes that, if a pilot fails a
maneuver on the competency check or instrument proficiency check, the
person giving the check would not be permitted to provide the pilot
with additional training during the check, and the pilot would fail the
practical test. Lastly, the FAA proposes that the allowance in Sec.
135.293(d) is not applicable to the competency check for the powered-
lift category rating. Section 135.293(d) allows the substitution of a
Sec.  135.297 instrument proficiency check for a competency check. The
FAA has determined that the substitution allowance is not appropriate
since the proposal requires both the competency check and instrument
proficiency check to be completed for the reasons previously explained.
2. Part 141 Pilot Schools
    As noted, part 141 pilot schools provide an alternate, structured
way to obtain part 61 certificates and ratings. The holder of a pilot
school certificate must have approved training courses and sufficient
personnel and facilities for the training offered. Under Sec.
141.33(a)(3), a person conducting flight training at a part 141 pilot
school must hold a part 61 flight instructor certificate with ratings
for the approved course of training and any aircraft used in that
course.\196\ The FAA is not proposing any relief from this
requirement.\197\ As such, an instructor at

a part 141 pilot school will be required to hold a powered-lift
category rating and an instrument-powered-lift rating on their
commercial pilot certificate and a flight instructor certificate with a
powered-lift rating or instrument-powered-lift rating.\198\ The
instructor will also be required to hold a type rating on their pilot
certificate that corresponds to the aircraft in which the training will
be provided.
---------------------------------------------------------------------------

    \196\ Part 141 also contains requirements for other personnel
including chief instructors, assistant chief instructors, and check
instructors. Sections 141.35(a)(1), 141.36(a)(1), and
141.37(a)(2)(ii) require that the person hold a commercial pilot
certificate or ATP certificate and a current flight instructor
certificate in addition to other requirements.
    \197\ As discussed in section V.E. of this preamble, the FAA is
proposing an alternate pathway for persons who are selected and
authorized to serve as the initial chief instructors and assistant
chief instructors at part 141 pilot schools for the purpose of
initiating training in a powered-lift. These persons would be
permitted to receive the required training from the powered-lift
manufacturers to obtain the powered-lift ratings that are necessary
to develop sufficient instructors at part 141 pilot schools. The FAA
anticipates that these chief instructors and assistant chief
instructors will conduct the initial powered-lift training for other
instructor personnel at the part 141 pilot school.
    \198\ Under Sec.  61.183, a person must hold either a commercial
pilot certificate or ATP certificate with (1) aircraft ratings
appropriate to the flight instructor rating sought, and (2) an
instrument rating, or privileges on that person's pilot certificate
that are appropriate to the flight instructor rating sought.
---------------------------------------------------------------------------

    Initially, part 141 pilot schools would likely have to obtain the
necessary training for powered-lift ratings from the manufacturers
through the alternate pathways discussed in section V.E of the
preamble. As civil powered-lift operations expand, more pilots will
begin to hold the powered-lift ratings on their commercial pilot
certificates and flight instructor certificates. Part 141 pilot schools
may also begin to draw their initial instructors from the pool of
military instructors \199\ or develop agreements with powered-lift
manufacturers who are looking to promote and expand the use of their
aircraft. The FAA notes also that other manufacturers have obtained
part 142 training center certificates and, in some instances, part 141
pilot school certificates, to facilitate initial training and
certification in their aircraft. The FAA anticipates that the proposed
relief provided to the persons who serve as test pilots and instructor
pilots for powered-lift manufacturers would enable the manufacturers to
support training and qualification of other training providers'
personnel. Pilot schools will be able to deliver courses of training in
accordance with this SFAR that include the alternate experience
requirements pending appropriate approvals by the FAA.
---------------------------------------------------------------------------

    \199\ As discussed, military instructors who have obtained
flight instructor certificates with powered-lift ratings through
military competency will be required to obtain powered-lift type
ratings on their pilot certificates or conduct flight training in a
particular type of powered-lift. See 14 CFR 61.195(d).
---------------------------------------------------------------------------

3. Part 142
    The FAA enabled the expanded use of FFSs and FTDs in 1996 through
the creation of part 142,\200\ warranted by the enormous advancement in
flight simulation technology. At that time, the FAA recognized that the
increased complexity and operating costs of the modern turbine-powered
aircraft and the current operational environment resulted in an
increasing need for the use of FSTDs. The FAA reasoned that FSTDs could
provide more in-depth training than can be accomplished in aircraft,
while correspondingly reducing air-traffic congestion, noise and air
pollution, and training costs.\201\
---------------------------------------------------------------------------

    \200\ Aircraft Flight Simulator Use in Pilot Training, Testing,
and Checking and at Training Centers, 61 FR 34508 (Jul. 2, 1996).
    \201\ Id.
---------------------------------------------------------------------------

    As noted, a part 142 training center provides an alternate means to
accomplish part 61 training and certification.\202\ Part 142 contains
its own requirements for flight instructor eligibility in Sec.  142.47.
Section 142.47(a)(3) requires an instructor who is instructing in an
aircraft in flight to be qualified under the flight instructor
requirements in subpart H of part 61. To the extent that a part 142
training center will obtain approval for a curriculum that includes a
portion of flight training in a powered-lift in flight, the training
center will be required, like the part 141 pilot school, to identify
instructors who hold the appropriate powered-lift ratings on their
pilot and flight instructor certificates. As with part 141 pilot
schools, the FAA anticipates that the training center would establish
its initial cadre of flight instructors using the alternate
requirements for TCEs as discussed in section V.E of this preamble.
Once these TCEs obtain the necessary training for powered-lift
certification from a manufacturer's instructor pilots, the part 142
training center would establish powered-lift training curricula and
utilize the TCEs to provide that training to other instructor personnel
at the training center.
---------------------------------------------------------------------------

    \202\ 14 CFR 142.1(a).
---------------------------------------------------------------------------

    For flight training conducted in an FSTD, a part 142 instructor is
not required to hold a part 61 flight instructor certificate. Rather,
if instructing in an FSTD, Sec.  142.47(a)(5) requires that an
instructor satisfy one of three alternatives to provide instruction:
(1) meet the commercial aeronautical experience requirements of Sec.
61.129(a), (b), (c), or (e), as applicable, excluding the required
hours of instruction in preparation for the commercial pilot practical
test; (2) meet the ATP aeronautical experience requirements of
Sec. Sec.  61.159, 61.161, or 61.163 if instructing in an FSTD that
represents an ``airplane requiring a type rating'' or instructing in a
curriculum leading to the issuance of an ATP certificate or added
rating to an ATP certificate in any category of aircraft; \203\ or (3)
be employed as an FSTD instructor for a training center providing
instruction and testing to meet the requirements of part 61 on August
1, 1996. As such, these part 142 instructors do not need to hold the
pilot certificates and ratings but rather must only meet the
aeronautical experience requirements for those certificates and
ratings.
---------------------------------------------------------------------------

    \203\ Section 142.47(a)(5)(ii) requires an instructor to meet
the aeronautical experience requirements for an ATP certificate if
providing instruction in three distinct scenarios: (1) in an FSTD
that represents an ``airplane'' requiring a type rating at any
certificate level; (2) in a curriculum leading to the issuance of an
ATP certificate (for any category/class/type rating); or (3) in a
curriculum adding a rating to an ATP certificate (for any category/
class/type rating).
---------------------------------------------------------------------------

    In developing this proposed rule, the FAA identified a discrepancy
between the manner in which the regulation addresses instructor
requirements for training in an FSTD representing an airplane requiring
a type rating and training in an FSTD representing a rotorcraft or
powered-lift requiring a type rating. Under Sec.  142.47(a)(5)(ii), all
part 142 instructors who provide training in a curriculum that results
in an ATP certificate or an added rating (including an added type
rating) to an ATP certificate must meet the aeronautical experience
requirements for the ATP certificate appropriate to the rating sought.
However, under the current regulatory framework of Sec.
142.47(a)(5)(ii), an instructor is not required to meet the ATP
aeronautical experience requirements when providing training for a type
rating in an FSTD that represents a powered-lift or rotorcraft if the
type rating is being added at a certificate level other than the ATP
certificate. The requirement in Sec.  142.47(a)(5)(ii) to meet the ATP
experience requirements when providing training to add a type rating to
a certificate other than an ATP certificate is only applicable to FSTDs
that represent airplanes requiring a type rating. Powered-lift and
rotorcraft instructors in this context are required to meet only the
aeronautical experience requirements for a commercial pilot in Sec.
61.129 \204\ as applicable to the type rating for which the training is
provided.\205\
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    \204\ 14 CFR 142.47(a)(5)(i).
    \205\ Id.
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    The FAA proposes to permanently amend the language in Sec.
142.47(a)(5)(ii) to replace the word ``airplane'' with ``aircraft,''
thereby encompassing, first, powered-lift, which would all require a
type rating pursuant to this proposal,\206\ and, second, any rotorcraft
that requires a type rating. The FAA's proposal would align FSTD
instructor experience requirements for powered-lift and rotorcraft
requiring a type rating with

those currently imposed for training in FSTDs representing airplanes
that require a type rating. This proposed amendment is consistent with
the advancements in complexity of rotorcraft and the operational
dissimilarities between powered-lift expected to enter the market,
which is subsequently discussed.
---------------------------------------------------------------------------

    \206\ See section V.A of this preamble.
---------------------------------------------------------------------------

    For airplanes requiring a type rating, the FAA found that it was
appropriate for a part 142 FSTD instructor to meet the aeronautical
experience requirements for an ATP certificate to provide flight
training in an FSTD representing these airplanes. By doing so, the FAA
requires a person who will instruct wholly in an FSTD to have
significant and relevant operational time in the NAS. Under the ATP
aeronautical experience requirements in Sec.  61.159, a person will
have accomplished at least 1,500 hours of flight time, including 250
hours of PIC time or SIC time performing the duties of PIC under
supervision in actual operations in the NAS. This flight time far
exceeds the aeronautical experience required for a commercial pilot
certificate and means that the instructor has extensive experience
interacting with air traffic control, operating in an airport
environment, navigating the operational challenges of flying the
aircraft in weather, utilizing crew resource management, and resolving
maintenance discrepancies, all while complying with FAA regulations,
procedures, manuals, and authorizations.
    In reviewing the part 142 instructor requirements for this
rulemaking, the FAA has determined that the instructor experience
requirements for type-rated airplanes codified in Sec.
142.47(a)(5)(ii) are similarly applicable to powered-lift and
rotorcraft. The aeronautical experience requirements for an ATP
certificate in a powered-lift or rotorcraft far exceed the experience
required for a commercial pilot certificate in those same categories of
aircraft and ensure that part 142 instructors who instruct solely in an
FSTD for a type rating have extensive operational experience.
    This proposed amendment is further supported by the 1992 NPRM that
proposed the creation of part 142. In Sec.  142.51(b) and (d), the FAA
proposed that an instructor must meet the aeronautical experience
requirements for an ATP certificate with an airplane or rotorcraft
category, respectively, if providing training in an FSTD representing
an airplane or rotorcraft requiring a type rating.\207\ The 1996 final
rule preamble explained that the FAA simplified and consolidated
instructor eligibility requirements into Sec.  142.47 and therefore
Sec.  142.51 was no longer needed. The final rule preamble did not
indicate the FAA intended to eliminate the requirement for rotorcraft
instructors proposed in Sec.  142.51(d).\208\ However, when the FAA
consolidated the instructor eligibility requirements into Sec.
142.47(a)(5)(ii), the regulation specified ``airplane'' instead of
``aircraft'' and, thus, rotorcraft instructors were excluded from the
eligibility requirements.
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    \207\ Aircraft Flight Simulator Use in Pilot Training, Testing,
and Checking and at Training Centers, 57 FR 35905, 35932 (Aug. 11,
1992).
    \208\ Aircraft Flight Simulator Use in Pilot Training, Testing,
and Checking and at Training Centers, Final Rule, 61 FR 34532 (Jul.
2, 1996).
---------------------------------------------------------------------------

    Furthermore, the final rule preamble explained that since
publication of the NPRM,\209\ the FAA granted exemptions to allow
individuals to qualify as simulator-only instructors in certain
helicopter FSTDs without holding a flight instructor certificate if
certain alternative requirements were satisfied.\210\ The exemptions
allowed individuals instructing in an FSTD that represented a
helicopter requiring a type rating or instructing in a course of
training leading to the issuance of an ATP certificate or an added
rating to an ATP certificate, to hold an ATP certificate with a
helicopter category, class, and type rating (on the type of helicopter
the simulator represented).\211\ The FAA determined that, in light of
the exemptions, it was appropriate to codify such alternate
qualifications in the 1996 final rule to facilitate training center
employment of persons who are former military pilots, former or current
airline pilots, and other persons who may not hold an instructor
certificate.\212\ As a result, the FAA determined that instructors
providing instruction in an FSTD that represented a rotorcraft that
required a type rating needed to likewise satisfy the ATP rotorcraft
requirements. However, while the exemptions that the FAA considered
were to facilitate instruction in helicopter simulators, the regulation
specified ``airplane'' instead of ``aircraft'' in Sec.
142.47(a)(5)(ii).
---------------------------------------------------------------------------

    \209\ Aircraft Flight Simulator Use in Pilot Training, Testing,
and Checking and at Training Centers, Final Rule, 61 FR 34508 (Jul.
2, 1996).
    \210\ Exemption Nos. 5317D and 5324A.
    \211\ Id.
    \212\ Aircraft Flight Simulator Use in Pilot Training, Testing,
and Checking and at Training Centers, Final Rule, 61 FR 34508, 34540
(Jul. 2, 1996).
---------------------------------------------------------------------------

    In surveying FAA inspectors with oversight of part 142 training
centers, the FAA expects that very few rotorcraft instructors do not
meet the FAA's proposed enhanced requirements in Sec.
142.47(a)(5)(ii).\213\ Notably, since the 1996 rule was published, very
few training centers have integrated a type-rated rotorcraft
curriculum. These training centers often also have an ATP curriculum
for the type-rated rotorcraft. Often, the training center uses the same
instructors in the ATP and non-ATP curriculum for the type-rated
rotorcraft. As a result, these instructors may already meet the ATP
experience requirements or hold an ATP certificate. The FAA proffers
that this permanent amendment would merely align industry practice with
the regulatory framework and eliminate any possible confusion on the
appropriate application of this section.
---------------------------------------------------------------------------

    \213\ In support of this proposal, the FAA also conducted a
search of the NTSB database to ascertain whether accidents or
incidents resulted from this lower safety standard. At present,
there are no accidents or incidents reported. The FAA finds that
this conclusion may be the result of rotorcraft instructors already
satisfying the ATP aeronautical experience requirements.
---------------------------------------------------------------------------

    The FAA maintains that this amendment is consistent with the
technological advancements in rotorcraft over the last two decades
since promulgation of the 1996 final rule. For example, since the final
rule's publication, rotorcraft have entered the market with ten or more
seats. These larger aircraft, carrying significantly more passengers
than was contemplated in the 1996 final rule, include complex
operational characteristics necessitating a correspondingly higher
experience threshold for instruction. Not only have technology and
engineering advancements aided in the development of increasingly
complex helicopters, but industry has also recognized a substantial
increase in helicopter operations. These developments have subsequently
required the development and implementation of helicopter simulators
for use in part 142 training centers to meet part 135 training program
requirements.
    For each of these reasons, the FAA proposes to permanently amend
Sec.  142.47(a)(5)(ii) to reference ``aircraft'' rather than
``airplane.'' In this regard, the FAA proposes to impose identical
standards for powered-lift and rotorcraft training center instructors
as those required for airplanes. As noted, most existing rotorcraft
training center instructors already meet the aeronautical experience
requirements of Sec.  142.47(a)(5)(ii) for rotorcraft that require type
ratings. However, to facilitate integration of this regulatory change
while not disrupting current practice for those instructors who may

not currently satisfy this standard, the FAA proposes to except
instructors that are currently instructing in an FSTD that represent a
rotorcraft requiring a type rating from this proposed requirement.
    In addition to excepting current instructors from the ATP
aeronautical experience requirements for FSTDs that represent a
rotorcraft requiring a type rating, the FAA also notes the availability
of deviation authority in Sec.  142.9 for both powered-lift and
rotorcraft instructors. Initially, the FAA does not anticipate that
powered-lift pilots will be able to satisfy the aeronautical experience
requirements for an ATP certificate. For this initial cadre of powered-
lift pilots, Sec.  142.9 may provide an avenue for relief from the ATP
experience requirements of Sec.  142.47(a)(5)(ii) if the FAA determines
that it would not adversely affect the quality of instruction or
evaluation.
    In particular, a request for deviation requires a detailed
description of the proposed alternative plan that enables the
certificate holder to achieve the same level of safety as that mandated
by the regulation.\214\ After the certificate holder submits its
request for deviation authority, the FAA may consider the level of
safety purportedly achieved by the request, the proposed revisions to
the training center's operating procedures and Quality Management
Systems, and any accompanying justification, procedures, or policies
that the training center proffers in support of its request for relief.
After conducting this review, the FAA may grant the certificate holder
deviation from compliance with the proposed requirements in Sec.
142.47(a)(5)(ii). As powered-lift pilots acquire additional
aeronautical experience, the FAA anticipates that fewer certificate
holders will need to utilize the deviation authority available under
this section to request relief from Sec.  142.47(a)(5)(ii).
---------------------------------------------------------------------------

    \214\ FAA Order 8900.1, Vol. 3, Ch. 54, Sec. 4.
---------------------------------------------------------------------------

G. Practical Tests

1. Practical Test Equipment and Waiver Authority
    Section 61.43 provides the general procedures for a practical test
\215\ for an applicant to receive a certificate or rating.
Specifically, Sec.  61.43(a)(1) currently requires that the completion
of a practical test for a certificate or rating include the performance
of the tasks specified in the areas of operation for the airman
certificate or rating sought. These tasks are set forth in either a
Practical Test Standard (PTS) or ACS for the appropriate certificate or
rating that the applicant is seeking. The FAA currently has an ongoing
rulemaking project that proposes to amend Sec.  61.43(a)(1) to
incorporate by reference (IBR) the PTSs and ACSs.\216\ The NPRM for the
ACS/PTS rulemaking was published on December 12, 2022,\217\ and
proposed to revise Sec.  61.43(a)(1) to delineate successful completion
of the practical test as performing the tasks specified in the areas of
operation contained in the applicable ACS or PTS. In light of the
transition from PTS to ACS,\218\ as discussed in that NPRM, the FAA has
drafted ACSs for powered-lift practical tests. Specifically, the FAA
proposed to IBR six newly drafted powered-lift ACSs into part 61: (1)
ATP and Type Rating for Powered-Lift Category, (2) Commercial Pilot for
Powered-Lift Category, (3) Private Pilot for Powered-Lift Category, (4)
Instrument Rating--Powered-Lift,\219\ (5) Flight Instructor for
Powered-Lift Category, and (6) Flight Instructor Instrument for
Powered-Lift Category.\220\ The six powered-lift ACSs specify the tasks
within the given areas of operation that must be accomplished for
purposes of receiving a powered-lift category rating, type rating, and/
or instrument rating.
---------------------------------------------------------------------------

    \215\ A practical test means a test on the areas of operation
for an airman certificate, rating, or authorization that is
conducted by having the applicant respond to questions and
demonstrate maneuvers in flight, in a flight simulator, or in an
FTD. 14 CFR 61.1.
    \216\ IBR allows Federal agencies to comply with the requirement
to publish rules in the Federal Register and the Code of Federal
Regulations (CFR) by referring to material already published
elsewhere. IBR Handbook, Office of the Federal Register, July 2018.
    \217\ Airman Certification Standards and Practical Test
Standards for Airmen; Incorporation by Reference, NPRM, 87 FR 75955
(Dec. 12, 2022).
    \218\ The FAA began to establish the ACSs in 2011 to enhance the
testing standard for the knowledge and practical tests in
collaboration with the aviation industry. The goal in creating the
ACS was to drive a systematic approach to the airman certification
process, including knowledge test question development and the
conduct of the practical test. In cooperation with the ACS Working
Group, established through the Aviation Rulemaking Advisory
Committee (ARAC), the FAA integrated ``aeronautical knowledge'' and
``risk management'' elements into the existing areas of operations
and tasks set forth in the PTS. Therefore, the ACS is a
comprehensive presentation integrating the standards for what an
applicant must know, consider, and do to demonstrate proficiency to
pass the tests required for issuance of the applicable airman
certificate or rating.
    \219\ Currently, the FAA has one powered-lift PTS, Instrument
Rating Practical Test Standards for Airplane, Helicopter, and
Powered-Lift, available on the FAA website at https://www.faa.gov/training_testing/testing/test_standards. The powered-lift portion of
the PTS was utilized in drafting the Instrument Rating--Powered-Lift
ACS.
    \220\ The six draft ACSs may be found in the docket for the ACS
IBR NPRM: FAA-2022-1463., which is docket FAA-2022-1463.
---------------------------------------------------------------------------

    While Sec.  61.43 sets forth the general procedures for the
practical test, including directing compliance with the powered-lift
ACSs in administering testing, the requirements for the aircraft and
equipment utilized by an applicant during the flight increment of the
practical test for a certificate and/or rating are found in Sec.
61.45. Specifically, Sec.  61.45(b) stipulates the equipment, other
than controls, required of an aircraft used on the practical test and
allows the use of an aircraft with operating characteristics that
preclude the applicant from performing all the tasks for the practical
test.\221\ However, when an applicant for a certificate or rating is
unable to perform a required task due to aircraft capabilities, an
appropriate limitation is placed on the applicant's certificate or
rating. This limitation ensures the pilot cannot act as PIC of an
aircraft that has capabilities that are inconsistent with the
limitation on the pilot's certificate until the pilot satisfactorily
demonstrates the task they have not performed.
---------------------------------------------------------------------------

    \221\ 14 CFR 61.45(b)(2).
---------------------------------------------------------------------------

    For example, this situation arises when an applicant is taking a
practical test in the Cessna 336 or 337 (C-336/337) series airplanes to
add an airplane multiengine land rating onto a commercial pilot
certificate for which an applicant holds an airplane single engine land
rating. The C-336/337 series do not have a published minimum control
speed with the critical engine inoperative (VMC). Thus, an
applicant would not be able to perform the VMC demonstration
task required by an airplane ACS \222\ if a C-336/337 series airplane
was used to take the practical test. Therefore, an applicant who
successfully completed the practical test in a C-336/337 series
airplane would receive a certificate with an appropriate limitation
(i.e., Limited to Center Thrust limitation). A pilot may remove this
limitation by completing a practical test in an aircraft that is
capable of performing the task(s). For example, in the above scenario,
a pilot who completes a commercial pilot practical test in a
multiengine airplane with a published VMC (i.e., performs
the tasks that were not formerly performed) would have the limitation
removed.
---------------------------------------------------------------------------

    \222\ For example, VMC demonstration is Task B in
Area of Operation X, Multiengine Operations, in the Private Pilot
for Airplane Category ACS.
---------------------------------------------------------------------------

    As discussed in section V.A of this preamble, the FAA is proposing
to require that all pilots seeking to act as PIC of a powered-lift hold
a type rating on their pilot certificate for the type of powered-lift
they intend to operate. This proposal would require the successful

completion of a practical test for the type rating sought. Through the
aircraft type certification and evaluation processes, the FAA
recognizes that because there may be differing powered-lift aircraft
produced, it is possible certain powered-lift might be precluded from
accomplishing certain tasks due to the powered-lift's design (e.g.,
stalls) that are required by the appropriate ACS. Traditionally, as
discussed, this would result in the appropriate limitation on a pilot's
certificate.\223\ However, due to the proposed type rating requirement,
any limitation issued pursuant to Sec.  61.45(b) to a pilot operating a
powered-lift as PIC would be unnecessary because the pilot would not be
able to perform the maneuver for which the limitation would apply in
the aircraft for which they hold the type rating. Further, a person
could not act as PIC of a different powered-lift type that may exhibit
the limited characteristic without testing in that type of powered-lift
first, which would thereby require the pilot to be tested on the
specific task or maneuver that was omitted during the prior practical
test if the powered-lift for the additional type rating is able to
perform that task or maneuver.
---------------------------------------------------------------------------

    \223\ 14 CFR 61.45(b)(2).
---------------------------------------------------------------------------

    For example, if type A powered-lift could not perform a stall, but
type B powered-lift could, then a pilot seeking a type rating in type A
would not be tested on stalls but would not receive a limitation on the
type rating for type A. The absence of a limitation would not present a
safety concern if the pilot wished to act as PIC of type B powered-lift
because the pilot would need to take a practical test for a type rating
in type B powered-lift, which would include the previously omitted
evaluation on stalls. By proposing to require a type rating for each
type of powered-lift, the type rating itself contains the limitation
contemplated in Sec.  61.45(b)(2) for an aircraft not able to perform
all tasks in the ACS. Therefore, proposed Sec.  194.207(a) would permit
an applicant to use a powered-lift that is precluded from performing
all of the tasks required for the practical test without receiving a
limitation on the applicant's certificate or rating.\224\
---------------------------------------------------------------------------

    \224\ If an applicant for a flight instructor certificate with a
powered-lift category rating brings a powered-lift to the practical
test that is incapable of performing a task required for the
practical test, an examiner may waive the task in accordance with
waiver authority provided by the FAA. Upon passing the practical
test, the flight instructor would be qualified to provide
instruction in a powered-lift that is capable of performing the task
that was waived on the test. The FAA considered restricting a flight
instructor from providing instruction in a powered-lift that is
capable of performing a task for which the flight instructor has not
demonstrated instructional ability. However, to provide training in
a powered-lift, the flight instructor would be required to hold a
type rating for the powered-lift on their pilot certificate. 14 CFR
61.195(e). The FAA has determined that the flight instructor would
be qualified to provide training in the powered-lift based on their
demonstration of instructional ability on the flight instructor
practical test and their demonstration of pilot skills in the
powered-lift on the type rating practical test. However, as the FAA
gains more knowledge about tasks that certain powered-lift may be
incapable of performing, the FAA may reconsider whether a limitation
on the flight instructor certificate is necessary.
---------------------------------------------------------------------------

    Because there are currently no type-certificated powered-lift, the
FAA does not have the requisite information at this time to determine
which tasks might be deemed prohibited or unsafe by the aircraft
certification and evaluation processes to delineate such tasks in this
proposed SFAR or the draft powered-lift ACSs. In fact, there may be no
such tasks that emerge. The FAA will identify this information through
the type certification process, as well as FSBs. FSBs are established
when the responsible FAA Aircraft Certification office issues a Type
Certificate for large aircraft, turbojet-powered airplanes, and other
aircraft specified by the Administrator through the aircraft
certification process. Powered-lift types will be evaluated under the
existing FSB process, which will determine the requirements for a pilot
type rating, develop training objectives for the type rating, and
conduct initial training for the manufacturer's pilots and FAA
inspectors.
    The FSB is composed of pilot candidates who have varied backgrounds
conducting airman testing, evaluating training programs, and reviewing
operator manuals. FAA pilots (e.g., FAA flight test pilots, Aircraft
Evaluation operations inspectors, FSDO operations inspectors) attend
the manufacturer's proposed training program as test subjects and, upon
completion, are administered the type rating test, in accordance with
the applicable part 61 regulations. The FAA determines the appropriate
type rating designation, the adequacy of proposed training and checking
requirements, and determination of airman competency. Additionally, the
manufacturer, Aircraft Certification Office, and FAA test pilots
validate those tasks applicable to each powered-lift and provide their
analysis to the members of the FSB. An assigned FSB member collates the
findings into a Flight Standardization Board Report (FSBR). Based off
of these determinations, in conjunction with the FAA's determinations
of the adequacy of training, the FSBR will identify those tasks that
are applicable to the specific type of powered-lift to inform examiners
\225\ conducting a practical test.\226\ A multitude of industry
stakeholders use these reports to inform their training programs and
POI use the FSBR as a reference when approving operator training,
checking, and currency programs.
---------------------------------------------------------------------------

    \225\ ASIs and authorized designees administer practical tests
for applicants seeking airman certificates and ratings, including
conducting evaluations, testing, certification, and the issuance of
ratings in accordance with part 61. While ASIs are employees of the
FAA, designees are non-employees to whom the Administrator may
delegate a matter related to the examination, testing, and
inspection necessary to issue a certificate. See 49 U.S.C. 44702(d).
Designee authority is established under 14 CFR part 183, and the
general qualifications for each authorization are set forth in FAA
Order 8000.95, as amended. Pilot designees include DPEs under part
61, TCEs under part 142, and APDs under parts 121 and 135.
    \226\ While the FAA has drafted powered-lift ACSs with input and
expertise from industry and working groups, the FAA is uncertain if
discrete additional tasks will be required for certain powered-lift
type ratings based on the powered-lift's unique characteristics.
Should the FSBR and type certification process reveal any additional
tasks that are not accounted for the in the ACS but are essential to
the operation of the specific type of powered-lift, the FAA may set
forth these tasks in a type-specific appendix to the ACS, which
would be incorporated by reference in accordance with the
Administrative Procedure Act.
---------------------------------------------------------------------------

    As discussed, during the type certification and evaluation process,
operational limitations of the powered-lift would be identified. The
FSBR would subsequently ascertain what tasks in the ACS are
inapplicable to the specific type of powered-lift. To account for the
potential need to deviate from ACS tasks that cannot be performed, the
FAA proposes in Sec.  194.207(b) to temporarily delegate waiver
authority to the pilot examiner conducting the practical test. This
waiver authority would not be unfettered or at the examiner's
discretion; rather, the waived tasks would be set forth on a designee's
Certificate and Letter of Authority (CLOA) \227\ specific to each type
of powered-lift in which the designee is authorized to conduct
practical tests. Specifically, the CLOA will identify the type of
powered-lift in which the examiner is authorized to conduct a practical
test and the specific

tasks that the examiner is authorized to waive for the practical test,
which will be set forth in the limitations section of the CLOA.
---------------------------------------------------------------------------

    \227\ As new powered-lift are integrated into the market, the
FAA anticipates the need for designees and ASIs to administer
practical tests to pilot applicants. To serve as a designee for
airman testing and certification, an individual must be
appropriately qualified and rated in the aircraft type and be
authorized through a CLOA. The CLOA provides a description of the
designee's authorities, limitations, and associated expiration. See
FAA Order 8000.95B, vol. 3, chapt. 5, para. (2)(d). The FAA will
continue to identify and designate persons who are qualified
consistent with the current policy for other categories of aircraft.
As employees of the FAA, an ASI's discretion to waive tasks during a
practical test is established in FAA Orders.
---------------------------------------------------------------------------

    In addition to the requirement to be tested on the tasks specified
in the areas of operation for the airman certificate and rating
sought,\228\ the FAA's regulations require an applicant for a
certificate or rating to receive and log flight training on the
applicable areas of operation that apply to the aircraft category and
class rating sought.\229\ If the FAA authorizes an examiner to waive a
specific task during the practical test because the powered-lift is
incapable of performing the task, the FAA finds that the applicant
should also be relieved from the requirement to receive flight training
on that task. Therefore, in proposed Sec.  194.207(c), the FAA proposes
to relieve an applicant for a private pilot certificate or commercial
pilot certificate with a powered-lift category rating concurrently with
a powered-lift type rating from the requirement to receive flight
training on a task specified in an area of operation if the powered-
lift is not capable of performing the task, provided the FAA has issued
waiver authority for the task in accordance with the SFAR. The same
reasons that support waiving the task on the practical test, which were
previously discussed, also apply to relieving the applicant from the
requirement to receive flight training on the task. For those reasons,
the FAA finds that this proposed provision would not adversely affect
safety.
---------------------------------------------------------------------------

    \228\ 14 CFR 61.43(a)(1).
    \229\ 14 CFR 61.107(a), 61.127(a). Section 61.157(b) requires
that a person who applies for an aircraft type rating added to an
ATP certificate or applies for a type rating to be concurrently
completed with an ATP certificate requires flight training from an
authorized instructor on the areas of operation that apply to the
aircraft type rating; the FAA does not find that additional relief
is needed from Sec.  61.157(b) since the tasks would be not be
applicable to the given aircraft type by existing regulation.
---------------------------------------------------------------------------

    Because the areas of operation listed for issuance of a commercial
pilot certificate with a powered-lift category rating in accordance
with part 61 mirror those required as certain appendixes that set forth
minimum curriculum content, the FAA proposes to extend this same
flexibility to part 141 pilot schools seeking approval of a powered-
lift course. Therefore, the FAA proposes in Sec.  194.239(a) to allow a
part 141 pilot school seeking approval of a course in a powered-lift
resulting in a private or commercial pilot certificate to waive
training on a task specified in an area of operation if the powered-
lift to be used in the course is not capable of performing the task and
the FAA has issued waiver authority for that task in accordance with
Sec.  194.207(b).
    While the FAA determined that there is no need to issue a
limitation pursuant to Sec.  61.45(b) due to the type rating
requirement proposed in the SFAR, as discussed above, the FAA
recognizes that the ability for an examiner to waive a task on a
practical test for a powered-lift category rating creates a unique
situation for persons who may seek to act as SIC in accordance with
Sec.  61.55. As discussed in section V.C of this preamble, a person
seeking to act as SIC of a powered-lift type-certificated for more than
one required pilot flightcrew member or in operations requiring an SIC
pilot flightcrew member would not be required to hold a type rating.
Rather, pursuant to Sec.  61.55(a), the person would be required to
hold at least a private pilot certificate with the appropriate category
and class rating.
    In the case of powered-lift, the initial pool of pilots obtaining
powered-lift ratings would obtain a commercial pilot certificate with a
powered-lift category rating and a type rating. The FAA expects certain
persons from this initial pool of commercial pilots to obtain powered-
lift category ratings on their flight instructor certificates, thereby
enabling these persons to eventually provide flight training to
students seeking private pilot certificates with powered-lift category
ratings. If a pilot passes the practical test for a private or
commercial pilot certificate with a powered-lift category rating in a
powered-lift that was precluded from conducting certain tasks that are
required by the applicable powered-lift category ACS, the examiner
would waive those tasks on the practical test as previously discussed.
    For the reasons explained previously, this would not cause a safety
concern because the pilot would have to test for the new powered-lift
type rating before acting as PIC. However, because the powered-lift
category rating on the private or commercial pilot certificate enables
the person to serve as SIC of another powered-lift type in accordance
with Sec.  61.55, there could be safety implications should the person
seek to serve as SIC of a powered-lift that is capable of performing
tasks for which the person was never trained and tested. As explained
in section V.C of this preamble, the FAA finds that the current SIC
qualification requirements set forth in Sec.  61.55 are sufficient for
pilots seeking to act as SIC of a powered-lift, provided those pilots
satisfactorily complete a practical test on each task required by Sec.
61.43(a)(1) (i.e., the tasks specified in the areas of operation
contained in the applicable Powered-Lift Category ACS).
    To the extent a pilot completes a practical test in a powered-lift
that was precluded from performing each task required by Sec.
61.43(a)(1), the FAA is proposing in Sec.  194.209(a) to prohibit that
pilot from serving as SIC of a powered-lift that is capable of
performing the tasks that were waived on the person's practical test
until certain requirements are met. Specifically, the FAA is proposing
to require the person to receive and log ground and flight training
from an authorized instructor on the specific tasks that were waived.
Additionally, the FAA is proposing to require the person to receive a
logbook or training record endorsement from the authorized instructor
certifying that the person has satisfactorily demonstrated proficiency
in those tasks.
    These requirements would ensure the person has received training on
the specific tasks for which the person was not previously trained or
tested. Additionally, these proposed requirements would ensure the
person has demonstrated the ability to successfully perform the tasks
to an authorized instructor prior to serving as SIC of the powered-
lift. In determining whether a pilot has demonstrated proficiency of a
task, the FAA recommends the authorized instructor use the appropriate
ACS, which specifies the approved standards for the specific task. For
the same reasons discussed in section V.C of this preamble concerning
the role of a PIC, the FAA finds that these additional requirements
combined with the SIC qualification requirements prescribed in Sec.
61.55 would ensure the person seeking to serve as SIC of a powered-lift
is qualified to do so.
    The FAA recognizes that a person employed by a fractional ownership
program as set forth in subpart K of part 91 or a person employed by a
certificate holder authorized to conduct operations under part 135 may
receive training and a competency check in a powered-lift that includes
the tasks that were waived on the person's practical test for a
commercial pilot certificate with a powered-lift category rating. In
accordance with Sec.  135.323, a part 135 air carrier or operator is
required to establish and implement an approved training program that
ensures each pilot is adequately trained to perform their assigned
duties. Therefore, to act as SIC of a powered-lift under part 135, a
person would be required to receive ground and flight training in the
type of powered-lift to ensure the person is adequately trained to
perform the duties

of SIC. Additionally, all part 135 pilots are required to complete a
Sec.  135.293 competency check every 12 calendar months. Similarly,
under part 91 subpart K, Sec.  91.1073 requires each program manager to
establish and implement an approved training program that ensures each
crewmember is adequately trained to perform their assigned duties, and
Sec.  91.1065 requires each pilot to pass a competency check every 12
calendar months. A situation could arise where a person receives
training on the task that was previously waived on the person's
practical test and a competency check that includes the task.
    For persons that receive such training and checking under part 135
or subpart K of part 91, it would be redundant to require the person to
also receive training and an endorsement under part 61. The FAA is
therefore proposing in Sec.  194.209(b)(2) an exception to the training
and endorsement requirements for those pilots who have received ground
and flight training under an approved training program and have
satisfactorily completed a competency check under Sec.  135.293 or
Sec.  91.1065 in a powered-lift, provided the approved training program
and competency check include each task that was previously waived on
the person's practical test.\230\
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    \230\ This proposed exception is consistent with that in Sec.
61.31(e)(2)(ii) and (f)(2)(ii) for complex and high-performance
airplanes.
---------------------------------------------------------------------------

    Furthermore, the FAA recognizes that certain powered-lift pilots
may seek to obtain additional type ratings on their pilot certificate.
Under proposed Sec.  194.209(b)(1), a person seeking an additional type
rating may forgo the training and endorsement requirements described
above if that person subsequently passes a practical test for a type
rating in a powered-lift that is capable of performing all the tasks
specified in the ATP and Type Rating for Powered-Lift Category ACS. The
type rating practical test would be required to include each task
required by Sec.  61.43(a)(1) (i.e., the tasks specified in the areas
of operation contained in the ATP and Type Rating for Powered-Lift
Category ACS \231\).
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    \231\ Airman Certification Standards and Practical Test
Standards for Airmen; Incorporation by Reference NPRM, 87 FR 75955
(Dec. 12, 2022).
---------------------------------------------------------------------------

    The FAA proposes to adopt these requirements in the SFAR because
they are temporary in nature and are intended to enable the FAA to
ensure an appropriate level of safety while acquiring additional
information concerning powered-lift, including any unique operating
characteristics that may preclude certain powered-lift from performing
each task specified in the applicable Powered-Lift Category ACS. The
FAA is, however, proposing to permanently amend Sec.  61.55(a) to
cross-reference the additional training and endorsement requirements
proposed in Sec.  194.209(a) by adding new Sec.  61.55(a)(4). This
amendment is intended only to ensure that all persons seeking to act as
SIC of a powered-lift pursuant to Sec.  61.55 are aware of the new
temporary requirements and the situation under which they would
apply.\232\
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    \232\ The FAA notes that the proposed addition of Sec.
61.55(a)(4) would be temporary in nature because it would be
obsolete upon the expiration date set forth in proposed Sec.
194.107. When the SFAR expires, the FAA would remove the proposed
provision in Sec.  61.55(a)(4) concurrently with the temporary
provisions of part 194.
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2. Permit Applicants To Take a Powered-Lift Type Rating Practical Test
Without Concurrently Obtaining an Instrument-Powered-Lift Rating (Sec.
61.63(d))
    Section 61.63(d) contains the eligibility requirements for a person
seeking an aircraft type rating. Currently, Sec.  61.63(d)(1) requires
an applicant for an aircraft type rating or an aircraft type rating to
be completed concurrently with an aircraft category rating to hold or
concurrently obtain an appropriate instrument rating, except as
provided in Sec.  61.63(e). Additionally, Sec.  61.63(d)(4) requires
the applicant to perform the type rating practical test in actual or
simulated instrument conditions, except as provided in Sec.  61.63(e).
Under Sec.  61.63(e), an applicant who provides an aircraft that is not
capable of the instrument maneuvers and procedures required on the
practical test may apply for the type rating or a type rating in
addition to the category rating, but the type rating will be limited to
``VFR only.''
    For an applicant seeking a type rating in a powered-lift capable of
instrument maneuvers and procedures, the FAA has determined that there
are two circumstances under which the applicant should not be required
to hold or concurrently obtain an appropriate instrument rating.\233\
These two circumstances are discussed in detail in the following
subsections.
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    \233\ Proposed Sec.  194.211(b) and (c) address the two
circumstances discussed in this preamble section. To avoid confusion
with the current ``VFR only'' provisions codified in Sec.  61.63(e),
which apply only to aircraft not capable of instrument maneuvers and
procedures, the FAA is proposing an applicability provision in Sec.
194.211(a) to make clear that the temporary provisions in paragraphs
(b) and (c) apply only to persons seeking a type rating in a
powered-lift that is capable of performing instrument maneuvers and
procedures.
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i. Applicants for an Initial Powered-Lift Type Rating To Be Obtained
Concurrently With a Powered-Lift Category Rating
    Because the FAA is proposing that all powered-lift would require
type ratings, the FAA's current regulations would require an applicant
for a powered-lift type rating to take three practical tests
concurrently: the practical tests for (1) a powered-lift type rating,
(2) powered-lift category rating, and (3) an instrument-powered-lift
rating.\234\ To serve as PIC of a powered-lift, a person would be
required to hold both a powered-lift category rating and a powered-lift
type rating pursuant to Sec.  61.31(d).\235\ If a person does not yet
hold a powered-lift category rating on their pilot certificate through
military competency, they would be required to apply for a powered-lift
type rating concurrently with a powered-lift category rating pursuant
to Sec.  61.63(d).\236\ Additionally, Sec.  61.63(d)(1) requires an
applicant for a type rating to either hold or concurrently obtain an
appropriate instrument rating. The only pilots who hold commercial
pilot certificates with powered-lift category ratings and instrument-
powered-lift ratings are military pilots who qualified for the ratings
pursuant to Sec.  61.73 based on their military pilot qualifications.
All other pilots would be required to apply for a powered-lift type
rating concurrently with a powered-lift category rating and instrument-
powered-lift rating. Therefore, to obtain all three ratings, the
applicant would be required to satisfactorily complete three practical
tests concurrently.\237\
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    \234\ As discussed in more detail, if an applicant seeks a type
rating in a powered-lift that is not capable of performing
instrument maneuvers and procedures, that applicant would not be
required to take three practical tests concurrently because the
exception to Sec.  61.63(d)(1) and (4), which is contained in Sec.
61.63(e), would apply.
    \235\ Section 61.31(d) prescribes that, to serve as PIC of an
aircraft, a person must hold the appropriate category, class, and
type rating (if a class or type rating is required) for the aircraft
to be flown.
    \236\ As discussed in more detail later in this section, the FAA
is proposing to revise Sec. Sec.  61.45 and 61.64 to clarify its
position that a person may not take a practical test in an aircraft
that requires a type rating without obtaining a type rating.
    \237\ Ratings are placed on a pilot certificate (other than
student pilot) when an applicant satisfactorily accomplishes the
training and certification requirements for the rating sought. 14
CFR 61.5. To obtain an aircraft type rating, an applicant must pass
the practical test for the type rating at the ATP certification
level. 14 CFR 61.63(d)(3). To obtain a powered-lift category rating
on a commercial pilot certificate, the applicant must pass the
practical test on the areas of operation listed in Sec.  61.127(b)
that apply to the powered-lift category rating sought. 14 CFR
61.63(b); 61.123(g). To obtain an instrument-powered-lift rating,
the applicant must pass a practical test on the areas of operation
in Sec.  61.65(c).

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    Under FAA regulations, a person seeking an airplane or helicopter
type rating has the flexibility to take the type rating practical test
independent of the other practical tests. For example, an applicant for
an airplane or helicopter type rating may obtain an instrument-airplane
or instrument-helicopter rating in an airplane or helicopter for which
a type rating is not required prior to applying for a type rating in an
airplane or helicopter. As a result, an applicant for an airplane or
helicopter type rating is not required to take a type rating practical
test concurrently with an instrument rating practical test. Similarly,
because there are airplanes and helicopters for which a type rating is
not required, an applicant for an airplane or helicopter type rating
may obtain the appropriate category and class ratings on their pilot
certificate prior to taking the type rating practical test.\238\ Thus,
an applicant for an airplane or helicopter type rating is not required
to take the type rating practical test concurrently with the practical
test for an aircraft category or class rating.
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    \238\ To act as PIC of an airplane that requires a type rating,
the pilot must hold an airplane category rating with the appropriate
class rating on their pilot certificate. Similarly, to act as PIC of
a helicopter that requires a type rating, the pilot must hold a
rotorcraft category and helicopter class rating on their pilot
certificate. 14 CFR 61.31(d).
---------------------------------------------------------------------------

    If the FAA requires the PIC to hold a type rating for each type of
powered-lift, as proposed, there would be no powered-lift for which a
type rating is not required. As a result, the current regulations would
preclude a pilot from obtaining a powered-lift category rating or an
instrument-powered-lift rating prior to applying for their initial
powered-lift type rating practical test. Requiring applicants for an
initial powered-lift type rating to take three practical tests
concurrently would be both burdensome and inconsistent with the
flexibility that the regulations currently provide to applicants for
airplane and helicopter type ratings. Pursuant to Sec.  61.31(d), a
person may not act as PIC of a powered-lift unless that person obtains
both a powered-lift type rating and a powered-lift category rating on
their pilot certificate. The FAA therefore is not proposing any change
that would allow an applicant to apply for their initial powered-lift
type rating without concurrently obtaining a powered-lift category
rating. The FAA is proposing in Sec.  194.211(b)(1) to enable an
applicant to take the instrument-powered-lift rating independent from
the practical tests for the powered-lift category and type ratings. The
FAA has concluded that this temporary allowance as proposed would not
adversely affect safety.
    Currently, Sec.  61.63(e) contains an exception to the requirement,
in Sec.  61.63(d)(1), for a type-rating applicant to hold or
concurrently obtain an appropriate instrument rating. Under Sec.
61.63(e), an applicant for a type rating who provides an aircraft that
is not capable of the instrument maneuvers and procedures required on
the practical test may receive a type rating upon completion of the
practical test with a ``VFR only'' limitation. The applicant may have
the ``VFR only'' limitation removed for that aircraft type by: (1)
passing a practical test in that type of aircraft in actual or
simulated instrument conditions; (2) passing a practical test in that
type of aircraft on the appropriate instrument maneuvers and procedures
in Sec.  61.157; or (3) becoming qualified under Sec.  61.73(d) for
that type of aircraft. Additionally, Sec.  61.63(e)(2) states that when
an instrument rating is issued to a person who holds one or more type
ratings, the amended pilot certificate must bear the ``VFR only''
limitation for each aircraft type rating that the person did not
demonstrate instrument competency.
    The FAA is not proposing to amend Sec.  61.63(e). Therefore, if a
powered-lift is not capable of performing instrument maneuvers and
procedures, an applicant for a type rating in that powered-lift may
obtain a ``VFR only'' limitation in accordance with Sec.  61.63(e). The
FAA finds, however, that powered-lift that are capable of instrument
maneuvers and procedures would present a situation that differs from
other categories of aircraft because the FAA has not previously
required a type rating for each type of aircraft that falls within a
broad category of aircraft. To provide flexibility consistent with that
provided to applicants for an airplane or helicopter type rating, the
FAA is proposing Sec.  194.211(b), which would allow an applicant for a
powered-lift type rating to take the type rating practical test
independent of the practical test for the instrument-powered-lift
rating. Regarding the type rating practical test, proposed Sec.
194.211(b)(2) would also relieve an applicant from being tested on the
areas of operation listed in Sec.  61.157(e) that consist of performing
instrument maneuvers and procedures in actual or simulated instrument
conditions. The FAA is proposing to leverage the regulatory framework
that exists in Sec.  61.63(e), including the ``VFR only'' limitation,
to implement the desired flexibility.
    Under proposed Sec.  194.211(b), an applicant for a powered-lift
type rating in addition to a powered-lift category rating may apply for
the type rating without holding or concurrently obtaining the
appropriate instrument rating. Consistent with current Sec.
61.63(d)(4) and (e), the applicant would not be required to perform the
type rating practical test in actual or simulated instrument
conditions. As stated in the draft ATP and Type Rating for the Powered-
Lift Category ACS, the applicant seeking a ``VFR only'' type rating
would conduct tasks that are normally performed by reference to the
instruments using visual references.\239\ Upon successfully completing
the practical test for the type rating, the applicant would receive the
powered-lift type rating with a ``VFR only'' limitation on their pilot
certificate.
---------------------------------------------------------------------------

    \239\ FAA-S-ACS-17, Appendix 1.
---------------------------------------------------------------------------

    The aeronautical experience requirements for an instrument-powered-
lift rating require the applicant to receive 3 hours of instrument
flight training from an authorized instructor in a powered-lift that is
appropriate to the instrument-powered-lift rating within 2 calendar
months before the date of the instrument rating practical test.\240\
The purpose of issuing the ``VFR only'' type rating to an applicant who
is applying for a powered-lift type rating concurrently with a powered-
lift category rating is to enable the applicant to take the instrument
rating practical test at a later date. Because the applicant will be
eligible to apply for the instrument rating practical test at the time
that they apply for the type rating and category rating practical
tests, the applicant will have already obtained 3 hours of flight
training in preparation for the instrument rating practical test within
the 2 calendar months preceding the month of the practical tests for
the type rating and category rating. The FAA therefore finds it
reasonable to propose a requirement, as set forth in proposed Sec.
194.211(b)(3), that would require the applicant to obtain the
instrument-powered-lift rating and remove the ``VFR only'' limitation
for the type rating within 2 calendar months from the month in which
the applicant passes the type rating practical test. The FAA believes
permitting persons to exercise the privileges of a ``VFR only''
powered-lift type rating for 2 calendar months would not adversely
affect safety. While the powered-lift would be capable of performing
instrument procedures and maneuvers, the ``VFR only'' limitation would
restrict the pilot from operating the powered-lift under IFR. As a
result, the pilot would be permitted to operate

the powered-lift only under the conditions for which the pilot
demonstrated mastery of the powered-lift on the practical test.\241\
Furthermore, current Sec.  61.133(b)(1) serves as a sufficient
safeguard to prevent any reduction in safety with respect to powered-
lift operations that would carry passengers for hire. Specifically,
under Sec.  61.133(b)(1), a person who applies for a commercial pilot
certificate with a powered-lift category rating would receive a
limitation if that person does not hold an instrument-powered-lift
rating. The limitation would prohibit the commercial pilot from
carrying passengers for hire in powered-lift on cross-country flights
in excess of 50 nautical miles or at night.
---------------------------------------------------------------------------

    \240\ 14 CFR 61.65(f)(2)(i).
    \241\ 14 CFR 61.43(a)(2).
---------------------------------------------------------------------------

    To remove the ``VFR only'' limitation, pursuant to proposed Sec.
194.211(b)(4), the pilot would be required to: (1) pass an instrument
rating practical test in a powered-lift in actual or simulated
conditions, and (2) pass a practical test in the powered-lift for which
the ``VFR only'' limitation applies on the appropriate areas of
operation listed in Sec.  61.157(e) that consist of performing
instrument maneuvers and procedures in actual or simulated instrument
conditions. The FAA recognizes that the conditions for removing a ``VFR
only'' limitation from a powered-lift type rating would differ from the
conditions that currently exist in Sec.  61.63(e)(1)(ii), which apply
to the removal of a ``VFR only'' limitation from a type rating for an
aircraft that was not capable of performing instrument maneuvers and
procedures at the time of the type rating practical test.
    Because the intent of the proposal is to permit the applicant to
complete the instrument rating practical test at a later date, the FAA
is proposing to require the satisfactory completion of the instrument
rating practical test as a condition of removing the ``VFR only''
limitation from the type rating. Additionally, because the applicant
was not required to perform the appropriate instrument maneuvers and
procedures for a type rating when they passed the practical test for a
``VFR only'' type rating, the FAA is also proposing to require the
satisfactory completion of the instrument portion of the type rating
practical test as a condition of removing the ``VFR only'' limitation.
After the FAA has had sufficient time to analyze the removal of a ``VFR
only'' limitation pursuant to Sec.  61.63(e)(1)(ii), the FAA may
contemplate future rulemaking to update the conditions specified
therein.
    As previously stated, to remove the ``VFR only'' limitation for a
powered-lift type rating, a person would be required to take two
practical tests in actual or simulated instrument conditions: (1) the
instrument rating practical test, and (2) the portion of the type
rating practical test that includes performing instrument maneuvers and
procedures in actual or simulated conditions. The draft Instrument
Rating--Powered-Lift ACS specifies which tasks an applicant must
satisfactorily perform for the issuance of an instrument rating in the
powered-lift category. Similarly, the draft ATP and Type Rating
Powered-Lift Category ACS specifies which areas of operation and tasks
an applicant must satisfactorily perform on the type rating practical
test to remove the ``VFR only'' limitation for a powered-lift type.
Upon reviewing the proposed tasks required for each practical test, the
FAA has determined that a person would encounter several overlapping
tasks when taking the practical tests concurrently. The FAA has
evaluated the standards for each of the overlapping tasks and has
determined that it is unnecessary to require a person to perform the
same task more than once, provided the task is performed to the highest
standard set forth in the respective ACSs.
    For example, a person would be required to perform a circling
approach procedure on both the instrument rating practical test and the
type rating practical test. The draft Instrument Rating--Powered-Lift
ACS requires the applicant to perform the procedures while maintaining
airspeed +/-10 knots and desired heading/track +/- 10 degrees. The
draft ATP or Type Rating Powered-Lift Category ACS also requires the
applicant to perform the circling approach procedure, but to more
exacting standards (i.e., maintain airspeed +/- 5 knots and desired
heading/track +/- 5 degrees). If a pilot demonstrates their ability to
perform the circling approach procedure to the more exacting standards
specified in the draft ATP or Type Rating Powered-Lift Category ACS,
the FAA finds it unnecessary to require that pilot to perform the same
task a second time to the less stringent standards specified in the
draft Instrument Rating--Powered-Lift ACS. Accordingly, when a task
required for the instrument rating practical test overlaps with a task
required for the type rating practical test, proposed Sec.  194.211(d)
would permit a person to perform the task a single time provided the
person performs the task to the highest standard required for the task.
    The proposed language in Sec.  194.211(b)(4) concerning the
completion of the type rating practical test differs slightly from the
language in Sec.  61.63(e)(1)(ii)(B). The FAA's proposed language is
intended to clarify that the cross-reference to Sec.  61.157 refers to
the areas of operation of which the practical test for a type rating is
comprised. The areas of operation for a person seeking a powered-lift
type rating are contained in Sec.  61.157(e).\242\ A person who holds a
type rating with a ``VFR only'' limitation is required to pass the
portion of the type rating practical test that includes the instrument
maneuvers and procedures (e.g., the portion of the practical test that
was not previously completed). Therefore, only certain areas of
operation listed in Sec.  61.157(e) are appropriate. The draft ATP and
Type Rating for Powered-Lift Category ACS specifies which areas of
operation and which tasks must be completed for the removal of a ``VFR
only'' limitation. Furthermore, the FAA notes that, pursuant to Sec.
61.63(d)(4), the type rating practical test must be performed in actual
or simulated instrument conditions. For consistency with current Sec.
61.63(d)(4), proposed Sec.  194.211(b)(4)(ii) would make clear that the
practical test required to remove the ``VFR Only'' limitation for a
powered-lift type, which is a component of the powered-lift type rating
practical test, must be completed in actual or simulated instrument
conditions.\243\
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    \242\ Section 61.63(d)(3) requires a person who applies for an
aircraft type rating or an aircraft type rating to be completed
concurrently with an aircraft category or class rating to pass the
practical test at the ATP certification level. Section 61.157(a)(1)
states that the practical test for an ATP certificate is given for
an aircraft type rating. The ATP practical test consists of the
areas of operation listed in Sec.  61.157(e) that apply to the
aircraft category and class rating sought. 14 CFR 61.153(h).
    \243\ See also 14 CFR 61.157(b)(3).
---------------------------------------------------------------------------

    Pursuant to proposed Sec.  194.211(b)(5), if a person who obtains a
powered-lift type rating with a ``VFR only'' limitation pursuant to
Sec.  194.211(b)(1) does not remove the limitation within 2 calendar
months from the month in which the person completed the type rating
practical test, then the powered-lift type rating for which the ``VFR
only'' limitation applies will become invalid for use until the person
removes the limitation in accordance with Sec.  194.211(b)(4). Upon
becoming ``invalid,'' a person may no longer exercise the privileges
associated with the type rating and the ``VFR only'' limitation. For
powered-lift that are not large aircraft or turbojet-powered, the FAA
considered allowing a pilot after the two months had elapsed to
continue to exercise private pilot privileges until the limitation
could be removed and seeks comment on whether such relief would be
appropriate.

    The FAA recognizes that, for aircraft that were not capable of
instrument maneuvers and procedures at the time of the type rating
practical test, Sec.  61.63(e)(1)(ii)(C) permits a person to remove the
``VFR only'' limitation for the aircraft type by becoming qualified
under Sec.  61.73(d) for that type of aircraft. Section 61.73(d)
permits a person to obtain an instrument-powered-lift rating based on
military pilot qualifications. A military powered-lift pilot seeking a
powered-lift type rating may obtain their powered-lift category rating
and instrument-powered-lift rating pursuant to the military competency
provisions of Sec.  61.73 prior to applying for a powered-lift type
rating practical test. As a result, these pilots would not encounter
the obstacle of taking all three practical tests simultaneously.
Because these pilots do not need the flexibility provided by the
proposal, which would permit the instrument rating practical test to be
completed at a later date, there are no circumstances under which these
pilots would be issued a ``VFR only'' limitation under the SFAR.\244\
The FAA therefore finds it unnecessary to enable persons to remove the
``VFR only'' limitation for a type of powered-lift by obtaining an
instrument-powered-lift rating pursuant to Sec.  61.73(d).
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    \244\ These pilots could potentially receive a ``VFR only''
limitation for a powered-lift that is not capable of performing
instrument maneuvers and procedures pursuant to current Sec.
61.63(e).
---------------------------------------------------------------------------

    The FAA emphasizes that the proposed rule would not amend Sec.
61.63(d)(1). It would only add an option in the SFAR (i.e., part 194)
for applicants to take the instrument rating practical test separate
from the practical tests for a powered-lift type rating and a powered-
lift category rating. Thus, applicants for a powered-lift type rating
would still have the option to take all three practical tests
concurrently pursuant to Sec.  61.63(d)(1).
ii. Obtaining Powered-Lift Type Ratings With ``VFR only'' Limitations
on a Private Pilot Certificate
    Under current Sec.  61.63(d)(1), a private pilot who applies for an
airplane or helicopter type rating is required to hold or concurrently
obtain an appropriate instrument rating. An airplane or helicopter,
however, only requires a type rating if the aircraft is large or
turbojet-powered. Thus, under the current regulations, a private pilot
may obtain the appropriate category and class ratings to operate
airplanes and helicopters that do not require a type rating under Sec.
61.31(a) without ever obtaining an appropriate instrument rating.\245\
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    \245\ There are circumstances under which a private pilot would
be required to hold an instrument rating. To act as PIC of a civil
aircraft under IFR or in weather conditions less than the minimums
prescribed for VFR flight, a person must hold the appropriate
instrument rating on that person's pilot certificate. 14 CFR
61.3(e)(1). Additionally, to act as SIC of an aircraft type
certificated for more than one required pilot flightcrew member or
in operations requiring a SIC pilot flightcrew member, a person must
hold an instrument rating or privilege that applies to the aircraft
being flown if the flight is conducted under IFR. 14 CFR
61.55(a)(2).
---------------------------------------------------------------------------

    As discussed previously, the FAA's proposal would require a type
rating for each type of powered-lift. As a result, the current
requirement in Sec.  61.63(d)(1) to hold or concurrently obtain an
instrument rating would apply to every person seeking to operate a
powered-lift, including private pilots.
    Due to the FAA's inability to establish classes of powered-lift at
this time, the underlying reasons for requiring a type rating for a
powered-lift differ, in part, from the reasons for requiring a type
rating for large aircraft and turbojet-powered airplanes. For example,
as explained further in section V.A of this preamble, there is a lack
of commonality between powered-lift, which makes it infeasible for the
FAA to establish classes of powered-lift at this time. By requiring a
type rating for each type of powered-lift, the FAA would ensure that
persons are trained and tested on the unique design and operating
characteristics of each powered-lift. If the FAA were able to establish
classes of powered-lift, private pilots would be permitted to obtain
powered-lift category and class ratings without concurrently obtaining
an instrument rating, similar to what is currently permitted for
airplanes and helicopters under part 61. These private pilots would be
required to obtain an appropriate instrument rating only if the
powered-lift required a type rating pursuant to the current
requirements in Sec.  61.31(a) (e.g., large aircraft or turbojet-
powered).\246\
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    \246\ Currently, Sec.  61.31(a)(2) applies to turbojet-powered
airplanes. However, in the future, if the FAA proposes an amendment
to establish classes for powered-lift, it would also propose a
corresponding amendment to Sec.  61.31(a)(2) to include turbojet-
powered powered-lift.
---------------------------------------------------------------------------

    The FAA recognizes that there may be private pilots who seek to
operate a powered-lift under VFR without ever obtaining an instrument-
powered-lift rating. In light of the current regulatory framework for
private pilots with airplane and helicopter ratings, the limited
privileges associated with the private pilot certificate, and the
underlying reasons for requiring type ratings for all powered-lift, the
FAA is proposing in Sec.  194.211(b)(6) to except certain private
pilots from the requirement to remove the ``VFR only'' limitation set
forth in proposed Sec.  194.211(b)(3). Specifically, a private pilot
who obtains a ``VFR only'' type rating for a powered-lift that is less
than (or equal to) 12,500 pounds,\247\ maximum certificated takeoff
weight, and not turbojet-powered would not be required to remove the
``VFR only'' limitation within a certain timeframe.
---------------------------------------------------------------------------

    \247\ This aligns with the definition of large aircraft,
provided in Sec.  1.1 as aircraft more than 12,500 pounds, maximum
certificated takeoff weight.
---------------------------------------------------------------------------

    The FAA finds that this proposal would not adversely affect safety.
The proposed exception for the aforementioned private pilots would
result in an outcome consistent with airplane and helicopter pilots
under current Sec.  61.63(d)(1), as a private pilot seeking a powered-
lift type rating would be required to hold or concurrently obtain an
instrument-powered-lift rating only if the aircraft is large or
turbojet-powered. This would enable private pilots seeking to operate a
powered-lift under VFR only to obtain the required category and type
ratings for the powered-lift without also obtaining the appropriate
instrument rating. Additionally, a private pilot has limited privileges
compared to a commercial pilot. Current Sec.  61.113(a), which sets
forth private pilot privileges and limitations, serves as a sufficient
safeguard to ensure an appropriate level of safety. Specifically, a
person who holds a private pilot certificate is generally prohibited
from acting as PIC of an aircraft that is operating for compensation or
hire, or that is carrying passengers or property for compensation or
hire.\248\ Therefore, a private pilot with a ``VFR only'' type rating
would not be permitted to operate the powered-lift for compensation or
hire or carry persons or property for compensation or hire.\249\
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    \248\ 14 CFR 61.113(a).
    \249\ Section 61.113(a) prohibits private pilots from acting as
PIC for compensation or hire or from acting as PIC carrying persons
or property for compensation or hire. Section 61.113(b) through (h)
contain limited exceptions to these general prohibitions (e.g.,
expense-sharing with passengers).
---------------------------------------------------------------------------

    Furthermore, recognizing the reasons for requiring a type rating
for each type of powered-lift, the FAA concludes that a private pilot
who passes a ``VFR only'' type rating practical test would still be
required to be trained and tested on the unique design and operating
characteristics of each powered-lift. While the private pilot would not
be required to perform the instrument maneuvers and procedures required
for

a type rating on the practical test, the pilot would still be required
to demonstrate mastery of the powered-lift on the type rating practical
test while performing the required tasks using visual references.
Additionally, because the private pilot would hold a ``VFR only''
limitation for the powered-lift type, the pilot would be authorized to
operate the powered-lift only under the conditions for which the pilot
demonstrated proficiency of the aircraft, meaning the pilot could not
act as PIC under IFR or weather conditions less than the minimums for
VFR.
    In addition to proposing an exception in proposed Sec.
194.211(b)(6) that would enable private pilots of certain powered-lift
to retain the ``VFR only'' type rating indefinitely, the FAA is
proposing Sec.  194.211(c)(1), which would allow for these private
pilots to obtain additional ``VFR only'' type ratings on their private
pilot certificates, provided the powered-lift are not large or
turbojet-powered. Consistent with current Sec.  61.63(d)(4) and (e) and
proposed Sec.  194.211(b)(2), the applicant would not be required to
perform the VFR only type rating practical test in actual or simulated
instrument conditions.
    While the FAA is not proposing to require private pilots to remove
``VFR only'' limitations when those limitations apply to powered-lift
that are not large aircraft and not turbojet-powered, the FAA is
proposing rule language that would provide these private pilots with
the option to do so. A private pilot would remove the ``VFR only''
limitation in the same manner as discussed in this section (i.e.,
through proposed Sec.  194.211(b)(4)).
iii. Clarification of Requirements for a Practical Test in an Aircraft
That Requires a Type Rating
    As previously discussed, the FAA is proposing relief to prevent a
pilot seeking powered-lift ratings from having to complete three
practical tests simultaneously. The proposed relief is consistent with
the FAA's longstanding view that a person who uses an aircraft that
requires a type rating for the practical test cannot complete the
practical test if it does not include the tasks and maneuvers for the
type rating (which are the same tasks and maneuvers required for an ATP
certificate with category and class ratings). In essence, it is not
possible to demonstrate mastery of the aircraft as required by Sec.
61.43(a) in an aircraft that requires a type rating by performing the
tasks and maneuvers for a category and class rating alone. As such,
when an applicant furnishes an aircraft that requires a type rating (or
an FSTD that represents an aircraft requiring a type rating) for a
practical test, the applicant must meet the requirements for the type
rating under Sec.  61.63(d) for a private pilot or commercial pilot
certificate or Sec.  61.157(b) for an airline transport pilot
certificate.\250\ The FAA notes that the Fifth Circuit recently
concluded that FAA's regulations do not currently require an applicant
furnishing an aircraft that requires a type rating to also satisfy all
of the requirements for the type rating.\251\ Therefore, the FAA is
proposing to add language to make completely clear that a person may
not furnish an aircraft that requires a type rating (or an FSTD
representing an aircraft requiring a type rating) for the practical
test without being eligible for a type rating and applying for a type
rating, unless the person already has the type rating.
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    \250\ To be eligible for a type rating practical test, a pilot
must receive training on the areas of operation listed in Sec.
61.157(e) that apply to the aircraft type rating. 14 CFR 61.63(d)(2)
and 61.157(b). The detailed tasks associated with each area of
operation are provided in the ATP and Type Rating ACS. How a task is
performed may vary depending on the systems and capabilities of the
aircraft type. Therefore, to satisfactorily complete a type rating
practical test, a pilot should be trained on how to perform the
tasks specified for each area of operation in the aircraft for which
a type rating sought. The flight training should prepare the pilot
to demonstrate mastery of the aircraft by performing each task
successfully. 14 CFR 61.43(a).
    \251\ See Flight Training Int'l, Inc. v. Fed. Aviation Admin. 58
F.4th 234 (5th Cir. 2023).
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    Given the relevancy of the issue to this rulemaking, the FAA
proposes three amendments in part 61. First, the FAA proposes to
clarify certain prerequisites for practical tests by revising Sec.
61.39(a)(3). Specifically, paragraph (a)(3) requires an applicant for a
practical test for a certificate or rating issued under part 61 to
accomplish the required training and obtain certain aeronautical
experience. The FAA proposes to revise paragraph (a)(3), which requires
a person applying for a practical test to meet the training and
aeronautical experience for the certificate or rating sought. The FAA
proposes to create paragraphs (a)(3)(i) and (ii). Paragraph (a)(3)(i)
would retain the currently situated requirement that if an applicant
applies for a practical test with flight time accomplished under Sec.
61.159(c), the applicant must present certain records required by part
135. The FAA proposes to add new paragraph (a)(3)(ii), which would
require an applicant seeking an initial category and class rating, if a
class rating is required, on a private, commercial, or ATP certificate
in an aircraft that requires a type rating (or a FSTD that represents
an aircraft that requires a type rating) to either meet the eligibility
requirements for a type rating in that aircraft or already hold that
type rating on the person's pilot certificate. In other words,
regardless of whether an applicant tests in an aircraft or tests in an
FSTD, if the applicant furnishes an aircraft (or aircraft represented)
that requires a type rating for the practical test, then the applicant
must be eligible for the type rating practical test \252\ unless the
applicant already holds the type rating.
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    \252\ The FAA notes that the practical test for an ATP
certificate with category and class ratings is the same test for a
type rating. The FAA speaks in its regulations to ``concurrent''
tests because it is not possible to have successfully completed the
testing requirements for category and class ratings at the ATP
certificate level in an aircraft requiring a type rating without
also completing the requirements for a type rating.
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    The general procedures for practical tests are set forth in Sec.
61.43. The FAA finds this is the most appropriate place to clarify the
relationship between an ATP practical test and a type rating practical
test. Therefore, the FAA proposes new paragraph (g) to clarify that a
practical test for an ATP certificate with category and class ratings
(if a class rating is required) in an aircraft that requires a type
rating, or in an FSTD that represents an aircraft that requires a type
rating, includes the same tasks and maneuvers as a practical test for a
type rating. This proposed change would foreclose the concept that a
lesser test can be administered for category and class ratings at the
ATP certificate level.
    Finally, the FAA proposes a conforming amendment applicable to
those examiners who are authorized by the Administrator to conduct
practical tests.\253\ Specifically, the proposed new Sec.  61.47(d)
would restrict an examiner from conducting a practical test for the
issuance of an initial category and class rating (if a class rating is
required) in an aircraft that requires a type rating (or corresponding
FSTD) to an applicant who does not already have the type rating unless,
first, the applicant meets the eligibility requirements for a type
rating and, second, the practical test contains the tasks for a type
rating specified for the areas of operation at the airline transport
pilot certificate level. The FAA also proposes to revise the heading of
Sec.  61.47 to more accurately describe the regulations set forth in
the section. The FAA notes that an examiner may never conduct a
practical test if an applicant does not meet the eligibility
requirements for the

certificate or rating sought.\254\ However, the FAA wishes to clarify
that an applicant cannot avoid the training requirements for a type
rating by ``seeking'' only a category and class rating at the ATP
certificate level. The proposed change would make clear that an
examiner may not conduct a practical test in an aircraft that requires
a type rating unless the applicant is eligible for the type rating.
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    \253\ See 49 U.S.C. 44702(d), which gives the Administrator the
authority to delegate a matter related to the examination, testing,
and inspection necessary to issue a certificate under part 61.
    \254\ For example, if an examiner is presented with an applicant
for a commercial pilot certificate who has only 100 hours total
flight time, no test may be administered due to the applicant's
ineligibility for the practical test.
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    The FAA finds that the three regulations, in tandem, will
sufficiently ensure that a scenario is avoided where someone seeks a
category or class rating in an aircraft that requires a type rating
without fully demonstrating mastery of the aircraft furnished for the
practical test. The FAA notes that in the case of an airplane or
rotorcraft, an applicant retains the option of furnishing an aircraft
that does not require a type rating if the applicant seeks only
category and class ratings. For powered-lift, which as proposed would
all require type ratings, an applicant would be foreclosed from seeking
a powered-lift category rating without concurrently obtaining a type
rating.

H. Miscellaneous Amendments

1. Aeronautical Experience for Private Pilot Applicants (Sec.
61.109(e)(5))
    Section 61.109 sets forth the aeronautical experience requirements
that an applicant must meet to be eligible for a private pilot
certificate. Section 61.109 contains several paragraphs that prescribe
specific aeronautical experience requirements for the respective rating
sought. Specifically, for airplane single-engine and helicopter
ratings, Sec.  61.109(a) and (c) require 10 hours of solo flight time
in the category and class of aircraft for which the rating is sought.
Similarly, for an airplane multiengine rating, Sec.  61.109(c) requires
10 hours of solo flight time in any airplane. However, for a powered-
lift category rating, Sec.  61.109(e)(5) currently allows an applicant
to obtain 10 hours of solo flight time in either an airplane or a
powered-lift.\255\
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    \255\ Specifically, Sec.  61.109(e)(5) requires 10 hours of solo
flight time in an airplane or powered-lift consisting of at least:
(1) five hours of cross-country time; (2) one solo cross-country
flight of 150 nautical miles total distance with three full-stop
landings at three points and one segment of the flight consistent of
a straight-line distance of more than 50 nautical miles between
takeoff and landing locations; and (3) three takeoffs and landings
to a full stop (with each landing involving a flight in the traffic
pattern) at an airport that has an operating control tower.
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    As discussed, the FAA added the aeronautical experience
requirements for powered-lift in the 1997 final rule.\256\ In the
preamble to that final rule, the FAA explained that it was permitting
an applicant for a powered-lift rating to accomplish solo flight time
in an airplane or powered-lift in response to concerns raised by
commenters regarding the ability for a pilot to rent or be insured to
fly solo in a multiengine aircraft without holding a multiengine
rating.\257\ At the time of the 1997 final rule, the FAA could not
anticipate the manner in which the powered-lift category would emerge.
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    \256\ Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certification Rules, Final Rule, 62 FR 16220 (Apr. 4, 1997).
    \257\ Id. at 16264-65.
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    As noted earlier in the preamble, the FAA anticipates that the
initial powered-lift that will obtain type certification are intended
for commercial purposes. However, a number of manufacturers are also
engaged in developing powered-lift that would be for personal use. As
explained in section V.A of this preamble, the FAA proposes to require
a type rating for each powered-lift because it is not feasible to
establish classes of powered-lift due to their significantly different
flight characteristics. Because there are no powered-lift classes, and
the FAA declines at this time to differentiate between multiengine and
single engine powered-lift classes,\258\ the FAA finds that the lack of
a multiengine powered-lift class rating would not preclude a pilot from
renting a powered-lift. Additionally, to the extent a pilot may obtain
a multiengine airplane rating, the FAA finds that holding such a rating
would not provide any assurance that the pilot has the skills necessary
to operate a powered-lift. The FAA, therefore, finds that the concerns
noted in the 1997 preamble are no longer valid. Furthermore, permitting
a private pilot applicant to obtain 10 hours of solo flight time in an
airplane for the purpose of obtaining a powered-lift category rating
presents a significant safety issue because airplane and powered-lift
are two very different categories of aircraft.
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    \258\ See section VII.A of this preamble for additional
discussion.
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    As discussed in section V.A of this preamble, not only do different
powered-lift vary widely within the respective category, they are
essentially a hybrid between an airplane and a helicopter. When flying
an airplane, the applicant will never encounter the vertical take-off
and landing characteristics fundamental to a powered-lift. The most
critical phases of flight for airplanes and helicopters, and where most
accidents occur, are during the takeoff and landing phases of
flight.\259\ For example, improper application of an airplane's flight
controls at slow airspeeds could result in a stall and spin event,
oftentimes resulting in accidents. Similarly, improper application of
flight control inputs during the takeoff and landing in a helicopter
can result in loss of control. For example, during takeoff, a
helicopter encounters aerodynamics events such as effective
translational lift and transverse flow effect that are specific to a
rotor system transitioning from hovering to forward flight.\260\ These
anomalies require specific inputs to assure that a safe transition to
forward flight can occur during takeoff and transition to en route
flight. The FAA anticipates that the most critical phases of flight for
powered-lift will also be during the takeoff and landing phases of
flight. It is important for a private pilot applicant to gain
experience with the operating characteristics of a powered-lift as the
sole occupant onboard during the takeoff and landing phases of flight.
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    \259\ Phase of Flight for General Aviation Accidents, 2018
Aviation: Data & Stats (ntsb.gov).
    \260\ Helicopter Flying Handbook, Helicopter Flying Handbook
(FAA-H-8083-21B) Chapter 2, pages 2-22 and 2-23.
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    In light of the different operating capabilities of airplanes
compared to powered-lift, the FAA concludes that the skills acquired
during solo flight time in an airplane are not interchangeable with the
skills acquired during solo flight time in a powered-lift.\261\ An
applicant for a private pilot certificate seeking a powered-lift rating
must obtain experience operating the powered-lift on solo flights to
ensure the applicant has a sufficient amount of aeronautical experience
manipulating the controls of the powered-lift as the sole occupant.
This flight time is critical to the development of a skilled, safe
pilot as it fosters the applicant's decision-making skills, enables the
applicant to reinforce the skills acquired during training as the sole
manipulator

of the controls, and ensures the applicant develops the skills
necessary to operate the powered-lift during the critical phases of
flight.
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    \261\ The FAA acknowledges that a recent final rule permits
military powered-lift pilots to credit time in horizontal flight in
a powered-lift toward the airplane requirements for an ATP
certificate. This final rule was based on the operational
similarities between military powered-lift in horizontal flight and
airplanes. Allowing an experienced military powered-lift pilot to
credit a portion of flight time in powered-lift toward a subset of
the time required for an airplane rating at the ATP certificate
level is wholly distinguishable from allowing training time in an
airplane to be used to satisfy time in a powered-lift at the start
of a person's flying experience. Recognition of Pilot in Command
Experience in the Military and Air Carrier Operations, Final Rule,
87 FR 57578 (Sep. 21, 2022).