D. Supervised Operating Experience Requirements of Sec.  61.64

    Section 61.64 addresses the use and limitations of full flight
simulators (FFSs) and FTDs for training or any portion of a practical
test for certificates and ratings, including aircraft type ratings. As
discussed in section IV.C, there are currently no FSTD

representing powered-lift that have been qualified under part 60. The
FAA anticipates, however, that a powered-lift FSTD could obtain
qualification under proposed Sec.  194.105 within the 10-year period
that the SFAR would be effective. As such, the FAA has evaluated the
requirements in Sec.  61.64 and is proposing changes.
    Pursuant to Sec.  61.64(a), an applicant for an aircraft type
rating may use an FFS for training and testing, provided the FFS meets
certain requirements. Section 61.64(a)(1) requires the FFS to represent
the category, class, and type of aircraft for the rating sought.\86\
Section 61.64(a)(2) requires the FFS to be qualified and approved by
the Administrator and used in accordance with an approved course of
training under part 141 or 142, or under part 121 or 135 if the
applicant is a pilot employee of that air carrier operator.
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    \86\ The FAA recognizes that ``class'' is not applicable to
powered-lift, as proposed. Section I.H. of this preamble discusses
the FAA's proposal to update various references to category and
class to ensure each reference appropriately accounts for powered-
lift.
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    Under Sec.  61.64, an applicant for an aircraft type rating may
accomplish the entire practical test (except for preflight inspection)
in a Level C or higher FFS, the qualification of which is governed by
14 CFR part 60. However, to ensure the applicant has sufficient
experience operating the aircraft prior to serving as PIC of that
aircraft, Sec.  61.64 requires the applicant to satisfy one of the
aeronautical experience requirements set forth in Sec.  61.64(b)(1)
through (5) for turbojet airplanes, (c)(1) through (5) for turbo-
propeller airplanes, (d)(1) through (4) for helicopters, or (e)(1)
through (4) for powered-lift, as appropriate to the type rating sought.
If the applicant meets one of the aeronautical experience requirements
set forth in Sec.  61.64(b), (c), (d), or (e), as appropriate to the
type rating sought, then the applicant receives a type rating without
limitation. If the applicant does not satisfy one of the aeronautical
experience requirements, then the applicant receives a PIC limitation
on the applicant's pilot certificate in accordance with Sec.
61.64(f)(2).\87\ The PIC limitation restricts the applicant from
serving as PIC in the type of aircraft for which the applicant has
obtained a type rating until the limitation is removed from the pilot
certificate by completing the SOE requirements set forth in Sec.
61.64(g). Specifically, the applicant must perform 25 hours of flight
time in an aircraft of the category, class, and type for which the
limitation applies under the direct observation of a qualified PIC who
holds the appropriate ratings, without limitations, for the
aircraft.\88\ The applicant must obtain this SOE while performing the
duties of PIC.\89\
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    \87\ Section 61.64(f)(1) provides an alternative to the PIC
limitation specified in Sec.  61.64(f)(2). Under Sec.  61.64(f)(1),
an applicant may obtain a type rating, without limitation, by
completing the following tasks on the practical test in an aircraft
appropriate to category, class, and type for the rating sought:
preflight inspection, normal takeoff, normal instrument landing
system approach, missed approach, and normal landing.
    \88\ 14 CFR 61.64(g)(1).
    \89\ 14 CFR 61.64(g)(3). Additionally, Sec.  61.64(g)(2)
requires the applicant to log each flight and the PIC who observed
the flight to attest in writing to each flight. To have the
limitation removed, the applicant must present evidence of the SOE
to any examiner or Flight Standards office pursuant to Sec.
61.64(g)(4).
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    The FAA has long required SOE for newly rated pilots who used FFS
to accomplish the training and testing required for the new rating. The
SOE requirements in part 61 originated from exemptions that the FAA
issued in the 1990s.\90\ In those exemptions, the FAA permitted
applicants to exclusively use FFS for training and checking, provided
the applicants met certain experience requirements specified in the
conditions and limitations of the exemption. Applicants who met the
experience requirements in an aircraft were entitled to a pilot
certificate without limitation. For applicants who met only half of the
prerequisite experience, the FAA permitted the issuance of a
certificate with a limitation that restricted PIC privileges in the
aircraft until the applicant accomplished 15 hours of SOE in the actual
aircraft. In subsequent exemptions, the FAA extended the use of FFS to
a greater number of pilots by permitting pilots to satisfy 25 hours of
SOE in lieu of meeting the experience requirements in an aircraft.\91\
The FAA stated that the 25 hours of SOE paralleled the initial
operating experience (IOE) requirements of Sec.  121.434.
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    \90\ Exemption Nos. 3931E, 5158, 5169, 4652B.
    \91\ Exemption Nos. 5232D, 5988.
---------------------------------------------------------------------------

    In 1992, the FAA issued an NPRM that proposed to increase the use
of FFS and FTDs by persons other than air carrier certificate holders
and reduce the number of exemption petitions seeking to use FFS for
part 61 training.\92\ Specifically, the FAA proposed to permit an
applicant seeking an additional rating to obtain the training for that
rating in an FFS or FTD, provided the training was given in an approved
course conducted by a part 142 certificated training center.\93\ The
FAA explained that it had permitted this practice for years pursuant to
exemptions,\94\ and the training had proven to be effective.\95\
However, at that time, the FAA did not propose to require applicants to
perform any SOE after obtaining the additional aircraft rating in the
FFS or FTD.
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    \92\ Aircraft Flight Simulator Use in Pilot Training, Testing,
and Checking and at Training Centers, NPRM, 57 FR 35888 (Aug. 11,
1992).
    \93\ Id., at 35894.
    \94\ At the time of the 1992 NPRM, there were 32 exemption
holders that were permitted to use flight simulators to satisfy part
61 training and checking requirements. Id., at 35888.
    \95\ Id., at 35894.
---------------------------------------------------------------------------

    In response to that proposal, the FAA received several comments
pertaining to the importance of actual aircraft flight experience.\96\
The National Transportation Safety Board (NTSB) acknowledged the
limitations to simulation and stated that the proposed regulations must
be sensitive to the safety needs served by retaining some aspects of
actual flight experience. The NTSB explained that experience in
training devices cannot fully replicate operational experience in the
actual flight environment and the ``seasoning'' that such experience
provides. The NTSB urged the FAA to review the proposed regulations to
ensure that they achieve the intent while still safeguarding basic
pilot and instructor skills provided by the physical operating
environment. Similarly, the Air Line Pilots Association (ALPA)
supported increased use of advanced simulation but cautioned against
relying too heavily on simulator training in a pilot's early years and
experience due to important safety factors. ALPA stated that one factor
is a pilot's familiarity with and management of the air traffic control
(ATC) environment, specifically the operation, decision-making
experience, and interaction with other aircraft.
---------------------------------------------------------------------------

    \96\ Aircraft Flight Simulator Use in Pilot Training, Testing,
and Checking and at Training Centers, Final Rule, 61 FR 34508, 34522
(Jul. 2, 1996).
---------------------------------------------------------------------------

    In the subsequent 1996 final rule,\97\ the FAA agreed with the
commenters' analysis of the importance of actual aircraft experience
when an applicant uses flight simulation for a large portion of
required training and testing. The FAA explained that, for years, it
had mechanisms for part 121 air carriers and for operators under parts
91 and 125 to ensure that PICs obtain actual aircraft experience prior
to acting as PIC for aircraft requiring a type rating. The FAA
referenced the requirement in Sec.  121.434 for a potential ATP-
certificated PIC to receive IOE under the supervision of a check pilot.
Additionally, the FAA referenced the terms of the exemptions, which
imposed SOE requirements similar to those required by Sec.  121.434

on relatively inexperienced pilots who sought to obtain a type rating
entirely by training and testing in an FFS for purposes of operating
under parts 91 and 125. The FAA determined that it was essential to
continue to require newly certificated or rated pilots to accomplish
SOE prior to acting as PIC for the first time in the NAS in an aircraft
that requires a type rating. As a result, the FAA adopted the first SOE
requirements in Sec.  61.64 for persons seeking to use FFS and FTDs to
obtain additional aircraft ratings.\98\
---------------------------------------------------------------------------

    \97\ Id.
    \98\ When Sec.  61.64 was adopted in 1996, the requirements
therein applied to additional aircraft ratings for other than ATP
certificates and for other than use under parts 121 and 135.
---------------------------------------------------------------------------

    Originally, the requirements of Sec.  61.64 applied only to
applicants seeking an airplane type rating. However, in 1997, the FAA
expanded the regulation to permit applicants to use a Level C or higher
FFS to obtain an aircraft type rating in a helicopter or powered-
lift.\99\ As a result, the FAA added regulatory provisions for
helicopter and powered-lift type ratings that largely mirrored the
requirements that existed for airplane type ratings. Subsequently, in
2009, the FAA issued a final rule that established 25 hours as the
standard for SOE.\100\ The FAA explained that 25 hours is an
appropriate amount of time to ensure a pilot's qualifications.
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    \99\ In 1997, the FAA consolidated the requirements of Sec.
61.64 into Sec.  61.63, which was revised and reorganized for
clarity. 62 FR 16220, 16254.
    \100\ Pilot, Flight Instructor, and Pilot School Certification,
Final Rule, 74 FR 42500, 42522 (Aug. 21, 2009). The 2009 final rule
removed the regulatory provisions that permitted a newly rated pilot
to remove the PIC limitation on their certificate by satisfying
certain experience requirements and accomplishing only 15 hours of
SOE. Additionally, the 2009 final rule added new Sec.  61.64 to
contain all use and limitation requirements for FFS and FTD. Thus,
the requirements that were previously found in Sec.  61.63(e), (f),
and (g) (for other than ATP certification) were relocated to new
Sec.  61.64.
---------------------------------------------------------------------------

    As discussed in section V.F of this preamble, an applicant for a
powered-lift type rating would be required to satisfactorily complete
the training and testing for a type rating under an approved training
program at a part 141 pilot school, a part 142 training center, or a
part 135 operator. Upon completing the approved training program, the
applicant may accomplish the practical test in an FFS. The requirements
of Sec.  61.64 would, therefore, be applicable. Upon consideration of
the current requirements in Sec.  61.64 and their applicability to
applicants seeking a powered-lift type rating, the FAA finds it
necessary to: (1) propose an amendment to Sec.  61.64(e) that would
require SOE for all powered-lift type rating applicants who do not have
500 hours of flight time in the powered-lift for which they are seeking
a type rating; and (2) explain the FAA's expectations for the powered-
lift that newly rated pilots would use to perform their SOE. Each of
these items are subsequently discussed in detail.
    Currently, under Sec.  61.64(e), an applicant may accomplish the
entire practical test for a powered-lift type rating in a Level C or
higher FFS and obtain the powered-lift type rating without a PIC
limitation on their pilot certificate if the applicant satisfies one of
the experience requirements set forth in Sec.  61.64(e)(1) through (4).
Section 61.64(e) contains the following options to meet the experience
requirement: (1) hold a type rating in a powered-lift without an SOE
limitation; (2) have been appointed by the U.S. Armed Forces as PIC of
a powered-lift; (3) have 500 hours of flight time in the type of
powered-lift for which the rating is sought; or (4) have 1,000 hours of
flight time in two different types of powered-lift. An applicant who
does not satisfy one of these experience requirements must perform 25
hours of SOE in a powered-lift of the type for which the limitation
applies under the direct observation of a qualified PIC prior to
serving as PIC of the powered-lift.
    The FAA recognizes the significant advancements in flight
simulation technology that have contributed to the levels of realism
experienced in simulation today. Additionally, the FAA has long
recognized that the use of simulation in flight training provides an
opportunity to train, practice, and demonstrate proficiency in a safe,
controlled environment. For example, this environment enables
comprehensive and in-depth training for the efficient application of
critical emergency procedures. It is important to emphasize, however,
that as powered-lift are coming to the civilian market for the first
time, the only pilots with powered-lift experience are military pilots
and test pilots, and there is a lack of commonality in the operating
characteristics between types of powered-lift. Therefore, while
applicants for a powered-lift type rating may accomplish their training
and testing in FFS under an approved training program,\101\ the FAA has
determined that applicants must have sufficient experience operating
the powered-lift for which a type rating is sought in the actual flight
environment prior to acting as PIC of the aircraft for the first time
in the NAS. To this end, the FAA has evaluated the current provisions
in Sec.  61.64(e) to ascertain whether an applicant who meets one of
these requirements would have sufficient, transferable experience
operating an actual powered-lift such that SOE in the powered-lift for
which a type rating is sought would be unnecessary.
---------------------------------------------------------------------------

    \101\ 14 CFR 61.64(a)(2).
---------------------------------------------------------------------------

    The experience requirements in Sec.  61.64(e) were adopted in 1997
when the FAA added the powered-lift category to part 61. Therefore,
several of the experience requirements for powered-lift type rating
applicants are category-specific rather than class-specific, as class
ratings do not exist for powered-lift. Upon comparing the experience
requirements for powered-lift type rating applicants in Sec.  61.64(e)
to those experience requirements for airplane and helicopter type
rating applicants in Sec.  61.64(b), (c), and (d), the FAA finds that
the category-specific experience requirements for powered-lift type
ratings in Sec.  61.64(e)(1), (2), and (4) do not achieve the same
objective as the class-specific experience requirements for airplane
and helicopter type ratings in Sec.  61.64(b)(1) through (3); (c)(1)
through (3); and (d)(1), (2), and (4), as subsequently discussed.
    Section 61.64(e)(1) allows an applicant for a powered-lift type
rating to receive a type rating without limitation if the applicant
already holds a type rating in a powered-lift without a SOE
limitation.\102\ While this resembles the requirements in Sec.
61.64(b)(1), (c)(1), and (d)(1), it does not achieve the same objective
as those requirements. Specifically, Sec.  61.64(e)(1) permits the
applicant to hold a type rating in any powered-lift. This differs from
Sec.  61.64(b)(1), (c)(1), and (d)(1), which are tethered to
commonalities between classes of aircraft (i.e., paragraph (b)(1)
requires the applicant to hold a type rating in a turbojet airplane of
the same class of airplane; paragraph (c)(1) requires the applicant to
hold a type rating in a turbo-propeller airplane of the same class of
airplane; and paragraph (d)(1) requires the applicant to hold a type
rating in a helicopter, which is a class of rotorcraft). Thus, the
experience requirements in Sec.  61.64(b)(1), (c)(1), and (d)(1) ensure
the applicant for an airplane or helicopter type rating holds a type
rating for an aircraft that shares similar operating characteristics as
the aircraft for which an additional type rating is sought. By
contrast, the experience requirement for powered-lift in Sec.
61.64(e)(1) permits an applicant to forgo SOE in the powered-lift for
which the type rating is sought if the applicant

holds a type rating in the general powered-lift category, which may
include powered-lift that vary significantly in design, handling, and
operating characteristics.
---------------------------------------------------------------------------

    \102\ The ``SOE limitation'' in current Sec.  61.64(e)(1) refers
to the PIC limitation specified in Sec.  61.64(f)(2).
---------------------------------------------------------------------------

    Section 61.64(e)(2) permits an applicant for a powered-lift type
rating to receive a type rating without limitation if the applicant has
been appointed by the U.S. Armed Forces as PIC of a powered-lift. While
this requirement appears to parallel the requirements in Sec.
61.64(b)(3), (c)(3), and (d)(2), it differs from those requirements
because it permits the military pilot to be qualified as PIC of any
type of powered-lift rather than a powered-lift that shares similar
operating characteristics with the powered-lift for which a type rating
is sought (i.e., a class of aircraft as promulgated in paragraphs
(b)(3), (c)(3), and (d)(2)). The FAA recognizes that military pilots
who are qualified to act as PIC of military powered-lift have undergone
rigorous training and have a significant amount of flight time
operating military powered-lift in complex environments. As explained
in section V.B of this preamble, the U.S. Armed Forces have trained
military pilots to operate military-specific powered-lift, such as the
Bell-Boeing V-22 Osprey, McDonald-Douglas AV-8 Harrier, and F-35B
STOVL. These military pilots may qualify for a powered-lift category
rating based on military competency in accordance with Sec.
61.73.\103\ However, as discussed in section V.B of this preamble, the
FAA finds that the experience a military pilot has obtained while
operating powered-lift in the U.S. Armed Forces may not ensure the
pilot has the knowledge and skills necessary to handle the unique
flight qualities of the civil powered-lift for which a type rating is
sought in the civil operating environment.
---------------------------------------------------------------------------

    \103\ As explained in section V.B of this preamble, these pilots
would still be required to obtain a powered-lift type rating to
operate a civil powered-lift.
---------------------------------------------------------------------------

    Under Sec.  61.64(e)(4), an applicant for a powered-lift type
rating may obtain the type rating without a PIC limitation if the
applicant has 1,000 hours of flight time in two different types of
powered-lift. While this requirement appears to mirror the requirements
for airplane and helicopter type ratings in Sec.  61.64(b)(2), (c)(2),
and (d)(4), it does not achieve the same objective as those
requirements because, again, it is category-specific rather than class-
specific. The 1,000 hours of experience in Sec.  61.64(b)(2), (c)(2),
and (d)(4) must be obtained in the same category and class of aircraft,
whereas the 1,000 hours of experience in Sec.  61.64(e)(4) must be
obtained in the same category of aircraft only (i.e., any powered-
lift). Requiring 1,000 hours in two different types of powered-lift,
which the FAA again emphasizes may drastically differ in operating
characteristics, may not ensure that an applicant for a powered-lift
type rating will have flight time handling the unique flight qualities
of the powered-lift for which a type rating is sought in the actual
operating environment.
    In sum, the FAA has determined that broad experience obtained in
the powered-lift category should not relieve an applicant for a
powered-lift type rating from accomplishing SOE to remove a PIC
limitation in the powered-lift for which a type rating is sought.
Consistent with the FAA's determinations in the 1996 final rule
previously discussed, when an applicant uses flight simulation for a
significant portion of the required training and testing, it is
important to ensure that the applicant has experience in the actual
aircraft prior to acting as PIC of that aircraft. The FAA finds that
this is especially important for powered-lift because, as discussed in
section V.A of this preamble, powered-lift vary widely in design. Each
type of powered-lift can have different configurations, unique
inceptors, diversified flight controls, and complicated and distinctive
operating characteristics, which makes it infeasible for the FAA to
establish classes of powered-lift at this time.
    To ensure pilots have experience operating the powered-lift in the
actual flight environment prior to serving as PIC of that powered-lift,
the FAA is proposing to remove the category-specific experience
requirements in Sec.  61.64(e)(1), (2), and (4). Instead, where a
powered-lift type rating applicant accomplishes the entire practical
test in an FFS and would otherwise satisfy the current experience
requirements in those paragraphs, the FAA would require a PIC
limitation be placed on their certificate. The pilot would be required
to accomplish SOE in the powered-lift under the observation of a
qualified PIC to remove the limitation. As the NTSB noted in the 1996
final rule, FFS cannot fully replicate operational experience in the
actual flight environment and the ``seasoning'' that such experience
provides.
    The only experience requirement in Sec.  61.64(e) that is not
category-specific is Sec.  61.64(e)(3). Section 61.64(e)(3) permits an
applicant for a powered-lift type rating to receive a type rating
without limitation if the applicant has 500 hours of flight time in the
type of powered-lift for which the rating is sought. This requirement
mirrors the requirements in Sec.  61.64(b)(4), (c)(4), and (d)(3) that
apply to applicants seeking a type rating for a turbojet airplane,
turbo-propeller airplane, and helicopter. The FAA recognizes that there
are currently no type-certificated powered-lift. There are several
manufacturers, however, that are pursuing a type certificate (TC) for
their powered-lift. To obtain a TC for an aircraft, the manufacturer
must apply in accordance with part 21 and show that the aircraft meets
the applicable airworthiness requirements.\104\ As part of the type
certification process, manufacturers of powered-lift must conduct
developmental and certification flight tests. To enable this flight
testing in a non-type-certificated aircraft, the FAA issues an
experimental certificate to the aircraft for certain purposes
delineated in Sec.  21.191, such as research and development and to
show compliance with the FAA's regulations. The FAA also issues
authorizations to the manufacturers' test pilots that allow the test
pilots to act as PIC of the aircraft during experimental aircraft
operations. Therefore, the only pilots who have significant experience
operating the civil powered-lift that are coming to market are the
manufacturers' test pilots. Upon analyzing the requirement in current
Sec.  61.64(e)(3), the FAA has determined that the manufacturer's test
pilots may have at least 500 hours of flight time in the type of
powered-lift for which they seek a rating.
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    \104\ 14 CFR 21.17. Additionally, section IV of this preamble
discusses powered-lift type certification in further detail.
---------------------------------------------------------------------------

    The manufacturer's test pilots play a significant role in the
development and certification of an aircraft. They are involved in the
certification plan for the powered-lift from the earliest days and
often have an engineering degree in addition to a pilot certificate.
These test pilots that have engineering degrees are generally involved
in the manufacturer's design and development of the aircraft's systems
and components as well as the flight testing of such. Test pilots
conduct both qualitative and quantitative flight tests of an aircraft
to evaluate the flight controls, avionics, propulsion, mechanical and
electrical systems, and equipment installations. The purpose of an
aircraft flight test is to make determinations about an aircraft's
performance and flying qualities, to ensure all safety features and
redundant systems function as intended, and to operate the aircraft to
its limits and beyond to determine the appropriate operating envelope.
When issues arise during a flight test, the test pilot often works with
the manufacturer

to resolve such issues. Because test pilots have intricate knowledge of
the aircraft systems, they are able to identify risks and mitigation
techniques to ensure product safety. Test pilots are also immersed in
authoring material for the aircraft flight manual, including systems
descriptions, aircraft limitations, and normal and emergency
procedures. Furthermore, test pilots are responsible for performing
maintenance checks and post maintenance flight tests on an aircraft.
    In light of the key role a test pilot plays in the development and
certification of a powered-lift, the FAA finds that a test pilot who
has at least 500 hours of flight time in the powered-lift of the type
for which they seek a rating will have the knowledge and skills
necessary to handle the unique flight qualities of the powered-lift in
the actual aircraft. Furthermore, while the majority of the test
pilot's duties may involve flight testing and certification activities,
these flights are not conducted in a sterile environment. The test
pilots are responsible for conducting the aircraft flight tests while
also taking care of the operational aspects of the flight, including
filing a flight plan, conducting departures and instrument approaches,
communicating with ATC, and interacting with other aircraft. Therefore,
the FAA has determined that these test pilots will have sufficient
experience manipulating the controls of the actual powered-lift in the
operational environment of the NAS such that an SOE limitation is
unnecessary.
    For these reasons, the FAA proposes to retain only the requirement
that currently exists in Sec.  61.64(e)(3), which allows applicants for
a powered-lift type rating who use an FFS for the practical test to
receive the type rating without a PIC limitation on their pilot
certificate if they have at least 500 hours of flight time in the type
of powered-lift for which they seek a rating. Powered-lift type rating
applicants who do not use a powered-lift during the practical test and
do not satisfy Sec.  61.64(e)(3) must accomplish SOE in the type of
powered-lift for which they obtain a type rating, pursuant to Sec.
61.64(g). This requirement safeguards the knowledge and skills provided
by physically operating the aircraft in the flight environment. For
example, it would ensure these newly-rated powered-lift pilots obtain
experience handling the flight controls of the powered-lift for which
they obtain a type rating in a non-sterile operating environment where
they must operate the powered-lift while simultaneously making
decisions, communicating with ATC, and interacting with other aircraft.
    Before the newly rated powered-lift pilots may perform SOE in
powered-lift, there must first be a cadre of qualified PICs to directly
observe the flight time.\105\ These supervising PICs would be
considered qualified if they hold a commercial pilot certificate with a
powered-lift category rating and a type rating, without limitations.
The lack of qualified FSTD for powered-lift means that most initial
powered-lift ratings would be accomplished in the aircraft in flight.
The proposed alternate pathways to certification in the SFAR would
enable persons to obtain powered-lift ratings without a limitation on
their commercial pilot certificates by training and testing in a
powered-lift. By the time the first groups of pilots seek training and
testing entirely in FFS, there will be sufficient numbers of qualified
pilots who hold type ratings without limitations for the purpose of
observing SOE.
---------------------------------------------------------------------------

    \105\ Pursuant to Sec.  61.64(g)(2), the SOE must be under the
direct observation of the PIC who holds a category, class, and type
ratings, without limitations, for the aircraft.
---------------------------------------------------------------------------

    The FAA also notes that an applicant may be qualified to be a PIC
without the limitation set forth by Sec.  61.64(f)(2) if, during the
practical test, the applicant completes the tasks pursuant to Sec.
61.64(f)(1) in a powered-lift. Specifically, the applicant must
complete preflight inspection, normal takeoff, normal instrument
landing system approach, missed approach, and normal landing,
appropriate to the powered-lift category and type rating sought.
    For the reasons previously explained, the FAA is proposing to amend
Sec.  61.64(e) by removing the category-specific experience
requirements in paragraphs (e)(1), (2), and (4) that enable an
applicant for a powered-lift type rating to obtain a type rating
without limitation. Because three of the four paragraphs in current
paragraph (e) would be removed, the FAA is proposing to consolidate the
leading paragraph of current Sec.  61.64(e) with the experience
requirement that currently exists in paragraph (e)(3). Therefore, the
only applicants for a powered-lift type rating who may forgo SOE after
obtaining the type rating by completing the entire practical test in a
flight simulator and receiving a PIC limitation are those applicants
who have at least 500 hours of flight time in the type of powered-lift
for which the rating is sought. The FAA also proposes to make a
conforming amendment to Sec.  61.64(f) that would remove the cross-
references to the experience requirements currently contained in Sec.
61.64(e)(1) through (4).
    If the entire practical test (except for preflight inspection) for
the proposed powered-lift type rating occurs in a flight simulator, the
applicant would receive a type rating with a PIC limitation unless the
applicant has at least 500 hours of flight time in the type of powered-
lift for which the rating is sought. To remove the PIC limitation, the
applicant would be required to perform the SOE required by Sec.
61.64(g). Pursuant to Sec.  61.64(g)(1), an applicant may remove the
PIC limitation from their pilot certificate if the applicant performs
25 hours of flight time in a powered-lift of the type for which the
limitation applies under the direct observation of a PIC who holds the
appropriate ratings without limitations. Section 61.64(g)(3) states
that the applicant must obtain this SOE while performing the duties of
PIC.\106\ Because the applicant has a limitation on their pilot
certificate that prohibits the applicant from serving as PIC in an
aircraft of that type, the applicant is not acting as PIC of the
aircraft during the SOE. As a result, the qualified PIC observing the
SOE is acting as PIC of the operation.
---------------------------------------------------------------------------

    \106\ The FAA considers a person to be performing the duties of
a PIC when the person performs all the functions of the PIC
including landings and takeoffs, en route flying, low approaches,
and ground functions. See Legal Interpretation to Duncan (Apr. 13,
2012). In the air carrier environment, the FAA generally uses the
term ``pilot flying,'' which it defines as ``[t]he pilot who is
controlling the path of the aircraft at any given time, in flight or
on the ground.'' Advisory Circular 120-71B, Chapter 1, Sec. 1.4.
---------------------------------------------------------------------------

    Pursuant to Sec.  91.3(a), the PIC of an aircraft is directly
responsible for, and is the final authority as to, the operation of the
aircraft. Likewise, the definition of PIC in Sec.  1.1 states, in
relevant part, that a PIC ``has final authority and responsibility for
the operation and safety of the flight.'' Therefore, while the
requirements in Sec.  61.64(g) do not expressly state that the aircraft
used for SOE must have a dual set of controls,\107\ it can be inferred
from the regulatory requirements that the supervising PIC must have
access to controls in the aircraft. Without access to a dual set of
controls, the PIC would be unable to act as the person directly
responsible for the operation of the aircraft and safety of the flight.
---------------------------------------------------------------------------

    \107\ Section 91.109(a) requires an aircraft that is being used
for flight training to have fully functioning dual controls.
However, because the SOE required under Sec.  61.64(g) is not flight
training, Sec.  91.109(a) does not apply.
---------------------------------------------------------------------------

    Under the current regulatory framework in part 61, a pilot is
required to hold only a powered-lift category

rating to operate a powered-lift. As a result, under the current
regulations, a manufacturer may develop a powered-lift with a single
set of controls with the expectation that a pilot could obtain flight
training in a different powered-lift for purposes of meeting the
aeronautical experience requirements and obtaining a powered-lift
category rating under part 61. Upon obtaining the powered-lift category
rating, the pilot would then be qualified to operate a powered-lift
that has only one set of controls.
    Because the proposed regulations would require the majority of
newly-rated powered-lift pilots who use an FFS for the practical test
to perform SOE in the powered-lift for which they obtain a type rating,
the proposal would result in a different outcome for manufacturers that
are developing powered-lift with only one set of controls. To enable
the performance of SOE where the applicant is performing the duties of
PIC but the PIC observing the flight is acting as PIC of the operation,
each powered-lift would be required to have a version of the aircraft
that contains fully functioning dual controls. The FAA recognizes that
there are manufacturers who are currently seeking type certification of
powered-lift that have only one pilot seat and a single set of
controls.\108\ To comply with the proposal, the FAA expects these
manufacturers to develop a version of the aircraft to contain fully
functioning dual controls, which is consistent with the FAA's
expectations for flight training in airplanes and helicopters that
require a type rating.
---------------------------------------------------------------------------

    \108\ The proposed type rating requirement would likewise
present obstacles to powered-lift with single controls. Applicants
for powered-lift type ratings would be required under Sec. Sec.
61.63(d)(2) and 61.157(b) to obtain flight training in the type of
powered-lift for the rating sought. Because the applicant would not
be rated to act as PIC of the aircraft, the person providing the
flight training must act as PIC. Under Sec.  91.109, the aircraft
would be required to have a dual set of controls, and the flight
instructor as PIC must have access to controls in the aircraft to
perform their duties under Sec.  91.3.
---------------------------------------------------------------------------

    To the extent powered-lift manufacturers may experience additional
compliance costs as a result of this proposal, the FAA notes that it
has considered whether there are alternate ways to perform the SOE with
only one set of controls in the aircraft. Currently, there is a
movement towards Simplified Vehicle Operations (SVO), which is ``the
use of automation coupled with human factors best practices to reduce
the quantity of trained skills and knowledge that the pilot or operator
of an aircraft must acquire to operate the system at the required level
of operational safety.'' \109\ Some manufacturers are in the process of
demonstrating advanced automation technology as part of this movement;
however, nothing has been certified yet. As a result, the FAA lacks
operational data to analyze whether such technology would safely enable
SOE in an aircraft without dual functioning controls. The FAA expects
to obtain sufficient data over the duration of the SFAR that could
inform a potential rulemaking on this subject.
---------------------------------------------------------------------------

    \109\ GAMA, A Rationale Construct for Simplified Vehicle
Operations (SVO), (May 20, 2019).
---------------------------------------------------------------------------

    The requirement for a dual set of controls for flight training in
all aircraft originated in 1938.\110\ It is a foundational safety
regulation applicable to airplanes, helicopters, and powered-lift alike
that prevents an inexperienced person from being solely responsible for
the manipulation of the flight controls. The same safety rationale for
requiring a dual set of controls during flight training applies equally
to the SOE scenario for aircraft because the pilot seeking to
accomplish SOE holds a limitation that prevents them from acting as PIC
until they can demonstrate the ability to perform the duties of PIC in
the operational environment under supervision of a fully-rated PIC.
While there may be technological advancements in the future that enable
the performance of SOE without a dual set of controls (e.g., virtual
SOE), the FAA has determined that it would be premature to codify
alternate ways to accomplish SOE in the regulations at this time
without a more robust understanding of the safety implications.
---------------------------------------------------------------------------

    \110\ 14 CFR 20.655 (1938). ``Dual controls. No flying
instruction shall be given in any aircraft, for or without hire,
unless such aircraft is equipped with fully functioning dual
controls and a certificated instructor is in full charge of one set
of said controls. Such dual controls shall be fully functioning as
set forth in Sec.  20.53, except in aircraft manufactured prior to
January 1, 1939.''
---------------------------------------------------------------------------

E. Establish an Alternate Pathway for Pilot Certification

    The introduction of powered-lift as an entirely new category of
civil aircraft creates unique challenges for the training and
certification of airman. Typically, a person interested in becoming a
professional pilot \111\ follows an incremental path that builds
piloting skills through an iterative series of training with a flight
instructor, accumulation of other flight experience, and successful
completion of a practical test with a designated examiner. A person
generally begins as a student pilot under strict limitations (Sec.
61.89), obtains a private pilot certificate with limited privileges
(Sec.  61.113), builds flight time as a private pilot, trains and tests
for a commercial pilot certificate with expanded privileges (Sec.
61.133), and finally builds flight time as a commercial pilot toward
the hours needed for the ATP certificate, which is necessary to serve
as a PIC or SIC in part 121 operations as well as to serve as a PIC in
certain part 135 operations.\112\
---------------------------------------------------------------------------

    \111\ Because the powered-lift that are currently working
through the aircraft certification process are largely intended for
commercial use, this discussion focuses on the training and
certification necessary for those types of operations. The FAA
understands that many pilots engage in aviation solely for
recreational purposes and may not follow this path to higher
certification.
    \112\ See 14 CFR 135.4(a)(2)(ii)(A), 135.243(a)(1) and (2).
---------------------------------------------------------------------------

    Under this building block approach, a pilot must meet minimum
aeronautical experience requirements at each certificate level that
include total time requirements (e.g., 250 total hours to be eligible
for a commercial pilot certificate) and subsets of flight time like
pilot-in-command time, night time, and cross-country time. In many
instances, a portion of this time must be accomplished in the aircraft
for the category rating sought. For instance, to apply for a commercial
pilot certificate in the airplane category, a person must have 250
hours of flight time as a pilot of which 50 hours must be in airplanes,
50 hours must be pilot-in-command time in airplanes, and 10 hours must
be pilot-in-command time in cross-country flight in airplanes.
    The predominant categories of aircraft (i.e., airplane and
rotorcraft) that operate in the NAS today have been in existence for
over 80 years. There are currently over 470,000 certificated pilots
(other than student pilots) including over 100,000 commercial pilots
and 163,000 ATPs. Most importantly, there are over 121,000 certificated
flight instructors.\113\ These flight instructors form the backbone of
the civil airman certification framework. As noted, the only powered-
lift pilots and flight instructors with FAA certification have obtained
those ratings through the recognition of military competency in Sec.
61.73. Currently, the FAA has certificated 759 powered-lift pilots and
365 powered-lift flight instructors through this process.\114\ While
these powered-lift pilots and flight instructors form an initial cadre
that can serve as pilots in powered-lift operations or provide training
to persons seeking powered-lift ratings, it is likely

insufficient to meet the upcoming demands.
---------------------------------------------------------------------------

    \113\ https://www.faa.gov/data_research/aviation_data_statistics/civil_airmen_statistics.
    \114\ According to the FAA's Airman Certification Branch, these
numbers represent the powered-lift airmen certificate holders as of
Sep. 21, 2022.
---------------------------------------------------------------------------

    To add to the challenges, the FAA does not anticipate that the
initial powered-lift that obtain type certification will be broadly
available for basic airman training and certification at the private
pilot level. Rather, manufacturers intend to produce powered-lift for
commercial purposes, meaning the initial pilots will be required to
hold at least commercial pilot certificates to act as required
flightcrew members (i.e., PIC or SIC) for compensation or hire. This
situation disrupts the building block approach to flight training and
certification that has worked for other categories of aircraft. As
there are no civil powered-lift, a person would have difficulty
obtaining flight training due to the low numbers of qualified flight
instructors and would not have the necessary flight time in a powered-
lift to be eligible for a commercial pilot certificate.\115\
---------------------------------------------------------------------------

    \115\ The biggest obstacle to obtaining a new category rating at
the commercial pilot certificate level is the required PIC time in
the category because the only way to log PIC time when a person is
not yet rated in the aircraft is as the sole occupant. All other
logging requirements for PIC time require the pilot to be rated in
the aircraft. When a person obtains a rating at the private pilot
level, there is no requirement for PIC time, but a student pilot
must accomplish 10 hours of solo flight time, which qualifies as PIC
time. At the commercial pilot level, for someone not yet rated in
the category of aircraft (i.e., someone adding a new category
rating), most of the 50 hours of PIC time required in category must
be accomplished as solo flight time. See 14 CFR 61.51(e).
---------------------------------------------------------------------------

    Manufacturers and operators interested in using powered-lift in
commercial operations have reached out to the FAA to express concern
that the existing aeronautical experience requirements for powered-lift
present an insurmountable obstacle to enabling powered-lift operations.
The FAA understands the concerns but must find ways to enable
operations in powered-lift without adversely affecting safety. The
following sections lay out a proposed pathway for pilots to obtain
powered-lift ratings through alternate aeronautical experience
requirements and expanded logging provisions. The FAA notes that if no
alternate aeronautical experience or logging provision is provided
under proposed part 194, the person must meet the applicable part 61
requirements, as appropriate.\116\
---------------------------------------------------------------------------

    \116\ See proposed Sec.  194.215(b).
---------------------------------------------------------------------------

1. Applicability of Alternate Requirements
    Except for the alternate requirements for cross-country discussed
later in this section, the FAA proposes to limit the alternate
aeronautical experience and logging requirements for obtaining a
powered-lift category rating and instrument-powered-lift rating to
those persons who already hold at least a commercial pilot certificate
with at least an airplane category and single- or multiengine class
rating or a rotorcraft category and helicopter class rating.\117\ The
person would also be required to hold an instrument-airplane or
instrument-helicopter rating that corresponds to a category rating held
at the commercial pilot certificate level. These prerequisites would be
set forth in proposed Sec.  194.215(a).
---------------------------------------------------------------------------

    \117\ As discussed in this section of this preamble, the FAA is
proposing in Sec.  194.237 to provide limited relief from the
current cross-country time requirements to private pilots.
---------------------------------------------------------------------------

    To obtain a commercial pilot certificate with either airplane class
ratings or a helicopter rating, a person must satisfy the aeronautical
experience requirements in Sec.  61.129(a), (b), or (c), as appropriate
to the ratings sought, pass a knowledge test on the aeronautical
knowledge areas specified in Sec.  61.125, and pass a practical test on
the areas of operation listed in Sec.  61.127. To pass a practical test
for a commercial pilot certificate with appropriate ratings, the
applicant must demonstrate mastery of the aircraft by successfully
performing each task specified in the areas of operation for the
practical test. The applicant is also required to demonstrate
proficiency and competency within the approved standards set forth for
the commercial pilot certificate level, which are more stringent than
the standards set forth for private pilots.\118\
---------------------------------------------------------------------------

    \118\ 14 CFR 61.43.
---------------------------------------------------------------------------

    Similarly, to obtain an instrument-airplane or -helicopter rating,
the person must satisfy the instrument rating requirements of Sec.
61.65 (as appropriate to the rating sought), which prescribes that the
applicant must: obtain certain aeronautical experience, including a
significant amount of instrument training; pass a knowledge test on the
aeronautical knowledge areas that apply to the instrument rating
sought; and pass a practical test on the areas of operation specified
in Sec.  61.65(c).
    Based on these requirements, a person who already holds a
commercial pilot certificate for airplanes or helicopters will have
significant flight time \119\ and valuable experience operating in the
NAS, communicating with ATC, interacting with other air traffic, and
acting as PIC of an airplane or helicopter. The proposed applicability
requirements would ensure that the pilots taking advantage of the
alternate requirements set forth in the SFAR have significant
experience in either an airplane or helicopter and have demonstrated
proficiency and competency in either an airplane or helicopter at the
commercial pilot level. Furthermore, by requiring these persons to hold
an instrument-airplane or -helicopter rating, persons seeking to meet
the alternate requirements for a powered-lift category rating would
have experience operating an airplane or helicopter under IFR and have
demonstrated proficiency on the instrument rating practical test. These
prerequisites for the alternate pathway would ensure that the initial
cadre of powered-lift pilots have a solid foundational skill set and
extensive experience prior to adding powered-lift ratings to their
commercial pilot certificate.
---------------------------------------------------------------------------

    \119\ To obtain a commercial pilot certificate with an airplane
category and single- or multiengine airplane rating, an applicant
must log at least 250 hours of total flight time as a pilot that
consists of certain flight time and training requirements. See Sec.
61.129(a) and (b). Similarly, to obtain a commercial pilot
certificate with a rotorcraft category and helicopter class rating,
an applicant must log at least 150 hours of flight time as a pilot
that consists of certain flight time and training requirements. See
Sec.  61.129(c).
---------------------------------------------------------------------------

2. Obtaining a Powered-lift Category Rating on the Commercial Pilot
Certificate (Sec.  61.129(e))
    To obtain a commercial pilot certificate with a powered-lift
category rating, a person must satisfy the eligibility requirements for
a commercial pilot certificate, which are contained in Sec.  61.123.
Section 61.123(f) requires a person to meet the aeronautical experience
requirements of Sec.  61.129 that apply to the aircraft category rating
sought before applying for the practical test. The aeronautical
experience requirements for a person seeking to obtain a commercial
pilot certificate with a powered-lift category rating or seeking to add
a powered-lift category rating to a commercial pilot certificate are
contained in Sec.  61.129(e).\120\
---------------------------------------------------------------------------

    \120\ Section 61.63(b)(1) states that a person who applies to
add a category rating to a pilot certificate, ``[m]ust complete the
training and have the applicable aeronautical experience.''
Accordingly, a person seeking to add a powered-lift category rating
to a commercial pilot certificate must meet the aeronautical
experience requirements of Sec.  61.129(e). See Legal Interpretation
to McClellan (2015) (explaining that there is no shortcut available
when adding a category rating to an existing certificate).
---------------------------------------------------------------------------

    Section 61.129(e) requires a person who applies for a commercial
pilot certificate with a powered-lift category rating to log at least
250 hours of total flight time as a pilot which must contain at least
the subsets of aeronautical experience specified in Sec.  61.129(e)(1)
through (4). Section 61.129(e)(1) through (4) require specific flight
time,

such as flight time in powered aircraft, flight time in powered-lift,
PIC flight time (including a certain amount of PIC time in a powered-
lift), cross-country time, flight training time, and solo flight time
(or flight time performing the duties of PIC in a powered-lift with an
authorized instructor onboard). The FAA established these aeronautical
experience requirements for a powered-lift category rating in the 1997
final rule, when the FAA established the powered-lift category in part
61.\121\
---------------------------------------------------------------------------

    \121\ Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certification Rules, Final Rule, 62 FR 16220 (Apr. 4, 1997).
---------------------------------------------------------------------------

    At the time the FAA introduced aeronautical experience requirements
for the powered-lift category, larger powered-lift were in production.
Based on these powered-lift, the FAA decided to codify aeronautical
experience requirements for powered-lift that mirrored the aeronautical
experience requirements for airplanes. The preamble supporting the 1997
final rule was silent as to why the aeronautical experience
requirements for airplanes were more appropriate for powered-lift
compared to the aeronautical experience requirements for other
categories of aircraft. Since the FAA added the powered-lift category
to part 61, several powered-lift are in the type-certification process.
The powered-lift currently coming to the civilian market do not align
with the aircraft that the FAA anticipated at the time it codified the
aeronautical experience requirements for the powered-lift
category.\122\ Additionally, powered-lift did not flood the civilian
market as the FAA anticipated.
---------------------------------------------------------------------------

    \122\ Powered-lift coming to market today are much different in
size, capabilities, range, performance, and propulsion than what was
present in 1997. The larger transport category size aircraft at that
time differ greatly from powered-lift coming to market today, many
of which have electric propulsion concepts, simplified flight
controls, and other operational considerations that were not present
when the FAA first codified powered-lift in the rule.
---------------------------------------------------------------------------

    Currently, civilian pilots are unable to satisfy many of the
aeronautical experience requirements in Sec.  61.129(e) because there
are no certificated powered-lift in civil operations in which they can
build the necessary flight time. Even when powered-lift category
aircraft are introduced to civil aviation, pilots will be unable to
satisfy several of the aeronautical experience requirements for a
commercial pilot certificate and an instrument rating, such as PIC
flight time in powered-lift and cross-country experience in powered-
lift. As subsequently discussed in more detail, the logging
requirements of Sec.  61.51(e) currently present obstacles for a pilot
who is not rated in a powered-lift to log PIC flight time in a powered-
lift. Additionally, several powered-lift coming to market are not
capable of completing the long-range distances that are currently
prescribed for cross-country flights in Sec.  61.129(e)(3) and (4).
    The FAA recognizes the need to enable a pathway for a person to
obtain a powered-lift category on their commercial pilot certificate.
However, because powered-lift are just beginning to enter the market,
the FAA lacks the operational data necessary to properly inform a
rulemaking that would permanently amend the aeronautical experience
requirements in Sec.  61.129(e). The FAA is therefore proposing in part
194 to enable certain applicants for a powered-lift category rating on
their commercial pilot certificate to satisfy alternate aeronautical
experience and logging requirements. Additionally, the proposed rule
would permit the applicant to credit additional time obtained in an FFS
towards certain flight time requirements.\123\
---------------------------------------------------------------------------

    \123\ The FAA notes that part 60 does not currently contain
qualification standards for powered-lift FSTDs (i.e., FFSs and
FTDs); however, the FAA intends to qualify powered-lift FSTDs in
accordance with proposed Sec.  194.105, as discussed in section IV.C
of this preamble.
---------------------------------------------------------------------------

    This section of the preamble discusses the alternate experience and
logging requirements, as applicable, to obtain a powered-lift category
rating on a commercial pilot certificate, for (1) test pilots and
instructor pilots, (2) the initial cadre of instructors, (3) pilots
receiving training under an approved training program, including
provisions that would enable certain applicants to credit time obtained
in an FFS toward certain flight time requirements. Alternate
requirements for cross-country flights are discussed subsequently in
this section because they are generally applicable to all applicants
for a commercial pilot certificate with a powered-lift category rating.
Section E.5.i of this preamble contains tables summarizing the proposed
alternate requirements for persons seeking a powered-lift category
rating on a commercial pilot certificate.
i. Test Pilots and Instructor Pilots: Alternate Aeronautical Experience
and Logging Requirements for a Powered-lift Category Rating
    Currently, several manufacturers are pursuing a type certificate
for powered-lift, which requires developmental and certification flight
tests to establish that the aircraft meets the applicable certification
standards.\124\ To enable this flight testing in a non-type-
certificated aircraft, the FAA issues an experimental certificate to
the aircraft for certain purposes, such as for research and development
and showing compliance with the FAA's regulations, as discussed in
section V.A of this preamble. Powered-lift manufacturers also have
instructor pilots who are tasked with developing and validating the
training for experimental powered-lift. To enable these training
flights, the FAA issues experimental certificates for the purpose of
crew training. At this time, the manufacturers' test pilots and
instructor pilots are the only pilots who have significant experience
operating the civil powered-lift that are coming to market.
---------------------------------------------------------------------------

    \124\ See 14 CFR 21.35.
---------------------------------------------------------------------------

    As discussed in section V.D of this preamble, the manufacturers'
test pilots play a significant role in the development and
certification of an aircraft. For example, they are involved in the
certification plan for the powered-lift; the manufacturer's design,
development, and flight testing of the aircraft's systems and
components; and conducting both qualitative and quantitative flight
tests for aircraft evaluations. As a result, test pilots have intricate
knowledge of the aircraft systems, which enables the test pilot to
identify risks and mitigation techniques to ensure product safety. Test
pilots are also responsible for authoring certain material for the
aircraft flight manual and for performing maintenance checks and post-
maintenance flight checks. Furthermore, instructor pilots are
responsible for developing the manufacturer's training curriculum,
which includes the development of training requirements for the
aircraft. These duties of a test pilot and instructor pilot establish
significant experience in a particular powered-lift and intricate
knowledge of the aircraft's systems and components, thereby exceeding
the duties of a pilot operating in a normal flight environment. The FAA
has determined that it would be beneficial to leverage the experience
these pilots have in powered-lift to create an initial cadre of
powered-lift pilots.
    Accordingly, the FAA is proposing alternate aeronautical experience
and logging requirements that would remove certain obstacles that
currently preclude a test pilot or instructor pilot from obtaining a
powered-lift rating pursuant to Sec.  61.129(e). Each of the proposed
alternate requirements are discussed below.

a. Aeronautical Experience Requirements Concerning Training (Sec.
61.129(e)(3))
    Currently, Sec.  61.129(e)(3) requires an applicant for a powered-
lift category rating to log at least 20 hours of training from an
authorized instructor \125\ on the areas of operation listed in Sec.
61.127(b)(5), which include the following: preflight preparation;
preflight procedures; airport and heliport \126\ operations; hovering
maneuvers; takeoffs, landings, and go-arounds; performance maneuvers;
navigation; slow flight and stalls; emergency operations; high-altitude
operations; special operations; and post flight procedures.
---------------------------------------------------------------------------

    \125\ Section 61.1 defines ``authorized instructor'' as: a
person who holds a ground instructor certificate issued under part
61 of this chapter and is in compliance with Sec.  61.217, when
conducting ground training in accordance with the privileges and
limitations of their ground instructor certificate; a person who
holds a flight instructor certificate issued under part 61 and is in
compliance with Sec.  61.197, when conducting ground training or
flight training in accordance with the privileges and limitations of
their flight instructor certificate; or a person authorized by the
Administrator to provide ground training or flight training under
part 61, 121, 135, or 142 when conducting ground training or flight
training in accordance with that authority.
    \126\ As discussed in section V.I of this preamble, the FAA
proposes in this SFAR to extend the definition of heliport in 14 CFR
1.1 as applicable to powered-lift, thereby facilitating the use of
heliports as a means for powered-lift take-off and landing.
---------------------------------------------------------------------------

    While the flight experience of a test pilot for a powered-lift
manufacturer far exceeds that of a civilian pilot conducting operations
in a normal flight environment, the test pilot does not receive flight
training in accordance with part 61 as part of their duties performing
flight tests required for aircraft certification.\127\ Therefore, a
test pilot will not obtain the 20 hours of flight training from an
authorized instructor that is a prerequisite for applying for a
powered-lift rating. However, the manufacturer will have instructor
pilots who develop a proposed training curriculum for its experimental
powered-lift during the aircraft certification process. These
instructor pilots deliver the proposed training curriculum to a pool of
pilots as part of its validation process with the FAA's Aircraft
Evaluation Division.\128\
---------------------------------------------------------------------------

    \127\ The FAA reemphasizes that, for airplanes and helicopters,
a test pilot for a manufacturer will hold the necessary certificates
and ratings before becoming a test pilot by completing flight
training and building flight time through the usual building block
approach for certification. The introduction of powered-lift into
civil operations creates a unique situation because so few
individuals (i.e., military pilots and former military pilots) hold
the required ratings.
    \128\ The manufacturer provides a minimum training program to
get initial qualification and issuance of the associated pilot type
rating. The FSB evaluates and validates the applicant's training
proposal using a standard process that includes multiple `test
subjects' not previously aware of or trained on the new aircraft.
---------------------------------------------------------------------------

    In proposed Sec. Sec.  194.217 and 194.219, the FAA proposes
alternate means for test pilots and instructor pilots, respectively, to
meet the requirement of 20 hours of training on the areas of operation
listed in Sec.  61.127(b)(5) in an experimental powered-lift at the
manufacturer. Specifically, the FAA proposes to permit test pilots to
satisfactorily complete the manufacturer's proposed training curriculum
in the experimental powered-lift with an instructor pilot for the
manufacturer rather than with an authorized instructor. As proposed in
Sec.  194.217(b)(1), the curriculum would be required to include the 20
hours of training on the areas of operation set forth in Sec.
61.127(b)(5), as required by Sec.  61.129(e)(3). The training would
meet the part 61 requirements in all other respects (except as
discussed later in this section with regard to cross-country time
requirements). To verify this training, proposed Sec.
194.217(b)(1)(ii) would require the test pilot to receive a logbook or
training record endorsement from the instructor pilot certifying that
the test pilot satisfactorily completed the training curriculum.\129\
---------------------------------------------------------------------------

    \129\ While a test pilot would be required to receive an
endorsement from an instructor pilot verifying that the test pilot
satisfactorily completed the manufacturer's proposed training
curriculum, the test pilot would also be required to receive the
endorsement in Sec.  61.123(e). Proposed 194.213(a) would permit
instructor pilots to provide the required logbook or training record
endorsements under part 61 for a commercial pilot certificate with a
powered-lift category rating. Therefore, the endorsement required
under Sec.  61.123(e) may be provided by an instructor pilot in lieu
of an authorized instructor.
---------------------------------------------------------------------------

    Because the instructor pilots are most familiar with the training
curriculum and its development, the FAA finds it is appropriate to
allow them to conduct the training required by Sec.  61.129(e) even if
they are not authorized instructors as defined in Sec.  1.1. The
proposed requirement to allow for the completion of the manufacturer's
proposed training curriculum with an instructor pilot would apply to
the test pilots as they have a solid foundational knowledge of powered-
lift prior to receiving any training from an instructor pilot, and the
instructor pilot was responsible for developing the training
curriculum. The quality of flight training provided by the instructor
pilot combined with the test pilot's previous experience operating the
powered-lift for type certification purposes would ensure that there is
no adverse impact to safety.
    Furthermore, in light of the quality of flight training provided by
the instructor pilot who is intimately familiar with the powered-lift
and has developed the training for the manufacturer, the FAA is
proposing an alternate requirement in Sec.  194.219(b)(1) that would
allow the instructor pilot who provides the proposed training
curriculum to the test pilot to credit the time providing the training
towards Sec.  61.129(e)(3) for purposes of the instructor pilot
obtaining a commercial pilot certificate with a powered-lift category
rating. To verify to the examiner who will conduct the practical test
that the instructor pilot satisfied this alternate experience
requirement, the FAA is proposing in Sec.  194.219(b)(1)(ii) to require
the instructor pilot to receive an endorsement from a management
official within the manufacturer's organization certifying that the
instructor pilot has provided the manufacturer's proposed training
curriculum to a test pilot on the areas of operation listed in Sec.
61.127(b)(5). This section subsequently discusses the reasons
underlying this proposal, including those regarding prohibition against
self-endorsements.
    Section 61.129(e)(3)(iv) currently requires that, within the 20
hours of training for a powered-lift category rating, an applicant must
log at least 3 hours in a powered-lift with an authorized instructor in
preparation for the practical test within the preceding two calendar
months from the month of the test. To enable the test pilot (or
instructor pilot) to take the practical test after satisfactorily
completing (or providing) the manufacturer's proposed training
curriculum, the FAA proposes in Sec. Sec.  194.217(b)(2) and
194.219(b)(2) to permit the preparation for a practical test to be
completed with an instructor pilot rather than an authorized
instructor, as required by part 61. Because the instructor pilot would
deliver the training, the FAA finds that it would be appropriate to
permit the instructor pilot to also ensure that test pilot is prepared
for the practical test.\130\ Additionally, to enable the examiner to
verify that the applicant received the preparation for the practical
test, the applicant would be required to receive a logbook endorsement
under Sec.  61.123(e)(2). As subsequently discussed in this section,
the FAA proposes in Sec.  194.213 to allow the

applicant to obtain the part 61 logbook or training record endorsement
from an instructor pilot certifying that the applicant is prepared for
the practical test rather than from an authorized instructor. For the
same reasons discussed above, the FAA finds that permitting this flight
to take place with an instructor pilot rather than an authorized
instructor would not adversely affect safety.
---------------------------------------------------------------------------

    \130\ The FAA notes that, while the instructor pilot is
providing training to the test pilot rather than receiving training,
the instructor pilot would still be required to receive 3 hours of
training time in preparation for the commercial pilot practical
test. The instructor pilot would receive this training time from
another instructor pilot at the manufacturer.
---------------------------------------------------------------------------

b. Aeronautical Experience Requirements Involving Time Performing the
Duties of PIC in Experimental Powered-Lift (Sec.  61.129(e)(4))
    Section 61.129(e)(4) currently requires an applicant for a powered-
lift category rating to obtain either 10 hours of solo flight time in a
powered-lift under an endorsement from an authorized instructor \131\
or 10 hours of flight time performing the duties of PIC in a powered-
lift with an authorized instructor onboard. Either of these flight
times may be credited towards the flight time requirement in Sec.
61.129(e)(2), which requires 100 hours of PIC flight time.\132\
---------------------------------------------------------------------------

    \131\ Under Sec.  61.31(d)(2), to obtain solo flight time, a
person must have received training and an endorsement from an
authorized instructor.
    \132\ Of the 100 hours of PIC time required by Sec.
61.129(e)(2), 50 hours must be accomplished in a powered-lift and 50
hours must be accomplished in cross-country flight. Ten hours of the
cross-country flight time must be in a powered-lift. 14 CFR
61.129(e)(2)(i), (ii).
---------------------------------------------------------------------------

    To preserve the option of obtaining solo flight time, the FAA is
proposing in Sec. Sec.  194.217(b)(3) and 194.219(b)(3) to allow test
pilots and instructor pilots to obtain the solo endorsement from an
instructor pilot in lieu of an authorized instructor. The FAA is also
proposing to allow test pilots and instructor pilots to complete the 10
hours of flight time performing the duties of PIC in an experimental
powered-lift without an authorized instructor onboard. Instead of the
authorized instructor, Sec. Sec.  194.217(b)(3) and 194.219(b)(3) would
require an additional test pilot or instructor pilot to be onboard. The
FAA finds that this proposal would not adversely affect safety because
both the test pilot and the instructor pilot are authorized by the FAA
to act as PIC of the experimental aircraft. Additionally, the test
pilot has significant experience acting as PIC of the powered-lift in
operations conducted for the purpose of research and development and
showing compliance with the regulations. Similarly, the instructor
pilot has experience acting as PIC of the powered-lift in operations
conducted for the purpose of crew training.
c. Aeronautical Experience Requirements Involving Logging PIC Flight
Time (Sec.  61.129(e)(2))
    Not all manufacturer test pilots or instructor pilots will hold a
powered-lift category rating. The aeronautical experience requirement
in Sec.  61.129(e)(2)(i) requires an applicant for a powered-lift
rating at the commercial pilot certificate level to obtain 50 hours of
PIC flight time in powered-lift. Under Sec.  61.51(e)(1), as relevant,
a pilot may log PIC time when the pilot is the sole manipulator of the
controls of an aircraft for which the pilot is rated (category, class,
and type rating, if appropriate), or the sole occupant of an
aircraft.\133\ The FAA has identified obstacles in each of these
logging provisions with respect to test pilots and instructor pilots.
---------------------------------------------------------------------------

    \133\ Under Sec.  61.51(e)(1)(iii), a person may log PIC time
when acting as PIC of an aircraft for which more than one pilot is
required under the type certification of the aircraft or the
regulations under which the flight is conducted. Because an
experimental aircraft is not type-certificated and is not operated
under regulations requiring a second pilot (e.g., Sec.  135.101),
this PIC logging provision would not apply to test pilots and
instructor pilots. Additionally, under Sec.  61.51(e)(1)(iv), a
pilot may log PIC time when the pilot performs the duties of PIC
while under the supervision of a qualified PIC, provided certain
requirements are met. Because test pilots and instructor pilots
would not meet the certification requirements and the training would
not be completed under an approved training program, the PIC logging
provision of Sec.  61.51(e)(1)(iv) would also not apply to test
pilots and instructor pilots.
---------------------------------------------------------------------------

    Section 61.51(e)(1)(i) precludes a test pilot from logging PIC
flight time in a powered-lift for which the pilot is not rated, even if
the test pilot is solely manipulating the controls. Furthermore, while
the current regulations permit a test pilot to log PIC flight time when
the test pilot is the sole occupant of the aircraft, the test pilot may
not be the sole occupant of the powered-lift when the test pilot is
conducting operations for research and development or for showing
compliance with the regulations.\134\ Additionally, the powered-lift
may require two pilot flightcrew members, in which case the test pilot
would not be the only pilot onboard.
---------------------------------------------------------------------------

    \134\ The ``sole occupant'' provision is intended to recognize
the solo flight time that is required under the aeronautical
experience requirements for certificates and ratings. Because
student pilots seeking an initial category and class rating or
certificated pilots who are adding a new rating to their pilot
certificate are not yet rated, this section recognizes this solo
time as PIC time without the pilot having to be rated in the
aircraft. Section 61.31(d)(2) permits pilots to act as PIC of an
aircraft when not rated in the aircraft provided, they have received
the required training that is appropriate to the pilot certification
level, aircraft category, class, and type rating (if a class or type
rating is required) for the aircraft to be flown and have received
an endorsement for solo flight in that aircraft from an authorized
instructor.
---------------------------------------------------------------------------

    As previously discussed at length, test pilots play a key role in
the development and certification of a powered-lift. While these pilots
may not be rated in a powered-lift, they are authorized by the FAA to
act as PIC of the experimental powered-lift and have extensive
experience manipulating the controls of the aircraft in operations
conducted for research and development and for showing compliance with
the regulations. Furthermore, when a test pilot conducts a qualitative
or quantitative flight test in the powered-lift, that flight test is
not conducted in a sterile environment. Instead, the test pilot is
responsible for conducting the aircraft flight tests while also
considering the operational aspects of the flight, including filing a
flight plan, conducting departures and instrument approaches,
communicating with ATC, and interacting with other aircraft.
    Upon evaluating the various duties that a test pilot performs, the
FAA has determined that certain flight time obtained by these test
pilots should count towards the PIC flight time requirement for a
powered-lift category rating in Sec.  61.129(e). The FAA is therefore
proposing an alternate logging requirement in proposed Sec.  194.217(c)
that would permit the test pilots to log PIC flight time for flights
when they are the sole manipulator of the controls of the experimental
powered-lift despite the fact that they are not rated in the aircraft.
The FAA finds that this alternate logging requirement would enable
these test pilots to more easily attain the 50 hours of PIC flight time
in a powered-lift.
    The FAA also proposes an alternate logging requirement for
instructor pilots. Under Sec.  61.51(e)(3), a CFI may log PIC flight
time for all flight time while serving as the authorized instructor in
an operation if the instructor is rated as PIC of that aircraft.
Similar to test pilots, instructor pilots for a powered-lift
manufacturer may not be authorized instructors as defined in FAA
regulations and may not hold powered-lift ratings. However, as
discussed previously, these instructor pilots are involved in
developing, validating, and delivering the manufacturer's proposed
training curriculum. Additionally, an instructor pilot is authorized by
the FAA to act as PIC of the experimental powered-lift.
    Therefore, in light of the instructor pilot's experience with the
powered-lift, their involvement with the manufacturer's proposed
training curriculum, and their authorization to

act as PIC, the alternate logging requirement in proposed Sec.
194.219(c) would permit the instructor pilots to log PIC flight time
for flights when they are serving as an instructor pilot for the
manufacturer of an experimental powered-lift for which the pilot is not
rated. This logging provision would enable these instructor pilots to
log PIC flight time for flights when they are providing the proposed
training curriculum to the test pilots. This logging provision would
also facilitate the instructor pilot's ability to obtain 50 hours of
PIC time for purposes of obtaining a powered-lift category rating on
their commercial pilot certificate.
    The FAA notes that this proposal would permit pilots to log the
time that meets the criteria set forth in this SFAR retroactively if
the rule becomes final. Flight time that a pilot is currently accruing,
and has previously accrued, that meets these conditions may be applied
towards the 50-hour requirement when the pilot applies to take the
practical test.
ii. Initial Cadre Instructors: Alternate Aeronautical Experience and
Logging Requirements for Powered-Lift Category Ratings
    While the proposed alternate experience and logging requirements
for test pilots and instructor pilots would enable those individuals to
obtain powered-lift ratings on their pilot certificates, the FAA finds
that those alternate requirements alone would be insufficient to
develop sufficient personnel to support training in a powered-lift
under an approved training program under part 135, 141, or 142. Before
an operator under part 135, a pilot school under part 141, or a
training center under part 142 may provide an approved training
curriculum for a powered-lift, the operator, pilot school, or training
center must have persons who are fully qualified under those parts to
provide the training.
    To serve as a check pilot in an approved part 135 training
curriculum, a person must hold the certificates and ratings required to
serve as PIC in the aircraft. As discussed in section V.I of this
preamble, the FAA is proposing that a person must hold at least a
commercial pilot certificate with a powered-lift category rating,
instrument-powered-lift rating, and an appropriate type rating for the
powered-lift to serve as PIC in part 135. As such, a part 135 check
pilot would be required to hold the same ratings as a PIC on their
pilot certificate under Sec.  135.337(b)(1). To be designated as an
assistant chief instructor or chief instructor for a course of training
in a powered-lift under part 141, a person must hold a powered-lift
category rating on both their commercial pilot certificate and their
flight instructor certificate in addition to holding the type rating on
their commercial pilot certificate.\135\ Lastly, to instruct in a
powered-lift in flight under part 142, a training center instructor
must be qualified in accordance with subpart H of part 61, which
requires a flight instructor to hold the appropriate category ratings
on both their pilot and flight instructor certificates, in addition to
holding the type rating on their commercial pilot certificate. To
obtain the necessary powered-lift category rating on their pilot
certificate, these persons would be required to comply with the
aeronautical experience requirements in Sec.  61.129(e).
---------------------------------------------------------------------------

    \135\ 14 CFR 141.35(a)(1), 141.36(a)(1), 141.37(a)(2)(ii).
---------------------------------------------------------------------------

    Persons seeking to provide training under an approved training
curriculum in a powered-lift under part 135, 141, or 142 would
encounter the same obstacles with the aeronautical experience
requirements in Sec.  61.129 as test pilots and instructor pilots at a
manufacturer. These regulatory obstacles are further complicated by the
challenges associated with creating and building an initial cadre of
instructors who are qualified to provide training under part 135, 141,
or 142. Because test pilots and instructor pilots would be the first
pilots who obtain powered-lift ratings under this SFAR, the FAA
proposes to use them to build the initial cadre of instructors who
would provide training under approved training programs. Specifically,
the FAA proposes to allow certain persons employed by part 135
operators, part 141 pilot schools, and part 142 training centers to
receive training in a powered-lift from an instructor pilot at the
manufacturer for the purpose of qualifying sufficient personnel to
conduct training in a powered-lift in accordance with an approved
training program under parts 135, 141, and 142.\136\
---------------------------------------------------------------------------

    \136\ As discussed in section V.G of this preamble, certain
manufacturers may choose to pursue certification as a part 141 pilot
school or part 142 training center to facilitate the flight training
of their customers' personnel. This model has been employed by other
manufacturers such as Boeing and Airbus. In those cases, the
manufacturer would not need to limit its training to the individuals
identified in this section. This proposal is intended to facilitate
training administered by manufacturers when the manufacturer does
not hold an air agency certificate.
---------------------------------------------------------------------------

    The FAA considered permitting any person who meets the
qualifications to serve as an authorized instructor under part 135,
141, or 142 to receive training at the manufacturer. However,
recognizing the diversity in flight time and experience across such a
broad group of instructors, the FAA decided that there were
insufficient risk mitigations to ensure an appropriate level of safety
would be maintained by permitting such an expansive group of
individuals to receive training at the manufacturer in place of the
approved training under part 135, 141, or 142. The FAA concluded that,
where a manufacturer does not hold an air agency certificate, it is
necessary to confine the training population to a more select group of
individuals. These individuals should be the most qualified instructors
at a part 135 operator, part 141 pilot school, or part 142 training
center. Therefore, the FAA is proposing in Sec.  194.221(a) to permit
persons who are authorized to serve as initial check pilots, chief
instructors, assistant chief instructors, or training center evaluators
to receive the training for powered-lift ratings at a manufacturer.
    Under part 135, check pilots are airmen approved by the FAA who
have the appropriate knowledge, training, experience, and demonstrated
ability to evaluate and to certify the knowledge and skills of other
pilots during competency and instrument proficiency checks. The role of
a check pilot is to ensure that the flightcrew member (1) has met
competency standards before the check pilot releases the flightcrew
member from training and (2) maintains those standards while continuing
in line service. A check pilot under part 135 must be knowledgeable in
the applicable requirements of parts 61, 91, 110, 119, and 135, other
applicable FAA policies, safe operating practices, and the certificate
holder's policies and procedures.
    For part 141, the FAA is proposing to permit persons who are
authorized to serve as initial chief instructors and assistant chief
instructors for powered-lift courses to receive training from an
instructor pilot at a manufacturer. Consistent with the reasons for
selecting check pilots under part 135, the FAA chose these individuals
because they would be among the most qualified instructors at the pilot
school. Sections 141.35 and 141.36 prescribe the qualification
requirements for chief instructors and assistant chief instructors,
respectively. Under these regulations, chief instructors and assistant
chief instructors must meet PIC recent flight experience requirements
of Sec.  61.57; pass a knowledge test on teaching methods, applicable
provisions of the ``Aeronautical Information Manual,'' the applicable
provisions of parts 61, 91, and 141, and the objectives and course
completion standards of the

approved training course for which the person seeks to obtain
designation; pass a proficiency test on the instructional skills and
ability to train students on the flight procedures and maneuvers
appropriate to the course; and meet certain PIC flight time and flight
training experience requirements. For a course of training leading to a
commercial pilot certificate, a chief instructor and assistant chief
instructor would be required to have at least 2,000 hours and 1,000
hours of PIC time, respectively. Additionally, the chief instructor and
assistant chief instructor would be required to have significant
experience providing flight training. A chief instructor would be
required to have flight training experience that consists of at least
(1) 3 years and 1,000 flight hours, or (2) 1,500 flight hours. An
assistant chief instructor would be required to have flight training
experience that consists of at least (1) 1.5 years and a total of 500
flight hours, or (2) 750 flight hours. Furthermore, the
responsibilities of a chief instructor, which may be delegated to an
assistant chief instructor, include conducting stage checks, end-of-
course tests, and flight instructor proficiency checks.\137\
---------------------------------------------------------------------------

    \137\ The flight instructors at a part 141 pilot school must
receive an initial proficiency check prior to being assigned
instructing duties in an approved training course as well as
recurrent proficiency checks every 12 calendar months.
---------------------------------------------------------------------------

    For part 142, the FAA is proposing to permit persons who are
authorized to serve as initial training center evaluators (TCE) to
receive training for powered-lift ratings from an instructor pilot at a
manufacturer. TCEs are airmen who are designated by the FAA in
accordance with part 183 to be pilot examiners on behalf of the
Administrator. Part 142 outlines the prerequisites, training
requirements, operating procedures, and limitations of TCEs. Pursuant
to Sec.  142.55(a), a TCE must be approved by the Administrator and
meet the instructor qualification and training requirements of subpart
C of part 142. Additionally, a TCE must be qualified in each specific
curriculum and the associated flight training equipment for which TCE
privileges are requested.
    At the time an operator, pilot school, or training center sends an
individual to the manufacturer for training in a powered-lift, the
individual will not be fully qualified as a check pilot, chief
instructor, assistant chief instructor, or TCE for powered-lift. The
first step to becoming fully qualified is for the person to obtain the
appropriate ratings on their pilot certificate. Therefore, the
individuals attending the training at the manufacturer will be
candidates for their respective positions. The operator, pilot school,
or training center would have the discretion in selecting the
individuals they wish to send to the manufacturer for training. Given
the functions and duties associated with being the first person to
provide training under an approved training program, the FAA
anticipates that individuals would be selected based on their pilot and
flight instructor qualifications and experience, their record as an
airman regarding accidents and incidents, their reputation for
integrity and dependability within the industry, and their knowledge
and skill as it relates to learning how to operate and instruct in a
new aircraft.
    To ensure an appropriate level of oversight, the FAA is proposing
in Sec.  194.221(a) to require these individuals to be authorized by
the Administrator.\138\ The FAA intends this authorization to be issued
in the form of a temporary letter of approval that states the
individual is approved as a candidate to serve as an initial cadre
check pilot, chief instructor, assistant chief instructor, or TCE for
the purpose of establishing sufficient qualified personnel to conduct
training with the powered-lift type under an approved training program
under part 135, 141, or 142. The FAA notes that, upon receiving
training in the powered-lift at the manufacturer, the individual would
complete a practical test with an FAA inspector or designee to receive
the appropriate powered-lift ratings. The individual could subsequently
obtain a powered-lift category rating on their flight instructor
certificate in accordance with the current requirements in subpart H of
part 61. In accordance with current practice, when the newly rated
individual returns to their operator, pilot school, or training center,
they would become proficient in the proposed training curriculum under
their respective part by providing instruction to other initial cadre
check pilots, chief instructors, assistant chief instructors, or TCEs,
become fully qualified to serve in their designated function, and
receive a permanent letter of approval after becoming fully qualified.
---------------------------------------------------------------------------

    \138\ See proposed Sec. Sec.  194.203, 194.213, 194.217,
194.219, 194.221, 194.225, 194.227, and 194.229.
---------------------------------------------------------------------------

a. Aeronautical Experience Requirements Concerning Training (Sec.
61.129(e))
    With respect to the alternate experience and logging requirements
for these persons, the FAA is proposing alternate requirements that are
largely similar to those proposed for test pilots and instructor pilots
in that they provide relief from the same obstacles that exist in
Sec. Sec.  61.129(e) and 61.51(e)(1). First, in place of the
requirement in Sec.  61.129(e)(3), which requires 20 hours of training
on the areas of operation listed in Sec.  61.127(b)(5) from an
authorized instructor, the FAA is proposing in Sec.  194.221(b)(1) to
permit the individual to satisfactorily complete the manufacturer's
training curriculum in the powered-lift. The training curriculum must
include 20 hours of flight training on the areas of operation listed in
Sec.  61.127(b)(5) and be provided by an instructor pilot at the
manufacturer. Additionally, for verification purposes, the individual
would be required to receive an endorsement in their logbook or
training record from the instructor pilot certifying that the training
was completed, pursuant to proposed Sec.  194.221(b)(1)(ii).
    The FAA recognizes that these individuals do not have the same
extensive experience with the powered-lift as the test pilots. However,
at this stage of the process, the powered-lift would be type-
certificated, the manufacturer's training curriculum would be
validated, and the instructor pilot would be appropriately rated in the
powered-lift. Given the knowledge and familiarity an instructor pilot
has with a powered-lift type and the manufacturer's training
curriculum, the FAA finds that an instructor pilot would be the most
knowledgeable and skilled to provide instruction to the initial group
of pilots who would serve as the first instructors at a part 135
operator, part 141 pilot school, or part 142 training center.
    Additionally, as stated previously, to mitigate risk, the FAA is
proposing to narrowly confine the population of persons who may receive
training from an instructor pilot at a manufacturer that does not hold
an air agency certificate. In light of the qualification requirements
for check pilots, chief instructors, assistant chief instructors, and
TCEs, which must be met by the individual prior to the individual
providing initial training under an approved training program, the FAA
finds that the persons selected would be among the most highly
qualified at the operator, pilot school and training center. As a
result, the FAA finds that these persons would be the most capable
pilots to receive training in the new powered-lift type for the purpose
of becoming rated in the aircraft and subsequently initiating training
in the aircraft at their certificate holders. Furthermore, requiring
the individual to be authorized by the FAA would ensure the FAA has
regulatory oversight over

the individuals selected, which would further mitigate risk. For the
reasons stated above, the FAA finds that temporarily permitting a small
population of instructors to receive training from the manufacturer for
the purpose of developing sufficient personnel to provide training in
powered-lift under parts 135, 141, and 142 would not adversely affect
safety.
    Second, the aeronautical experience requirement in Sec.
61.129(e)(3) would present the same obstacle for individuals receiving
training at the manufacturer from an instructor pilot. As with test
pilots and instructor pilots, the person receiving the manufacturer's
training from an instructor pilot would not have an authorized
instructor, as defined in Sec.  61.1, to provide the flight training in
preparation for the practical test. The FAA is therefore proposing in
Sec.  194.221(b)(2) to permit the preparation for the practical test to
be completed with an instructor pilot rather than an authorized
instructor.\139\ Consistent with the reasons for proposing the same
alternate requirement for test pilots and instructor pilots, which is
previously discussed, the FAA finds that it would be appropriate to
permit the instructor pilot who provided the training to also ensure
that the person is prepared for the practical test. This proposed
alternate requirement would enable the person to take the practical
test after satisfactorily completing the manufacturer's training
curriculum. Because of the instructor pilot's experience with the
powered-lift and their involvement with the manufacturer's training
curriculum, the FAA finds that temporarily permitting the instructor
pilot to replace the authorized instructor specified in Sec.
61.129(e)(3) would not adversely affect safety, especially in light of
the small population of pilots who would require this relief.
---------------------------------------------------------------------------

    \139\ To the extent that instructor pilots may hold the
necessary certificates and ratings to be an authorized instructor as
defined in Sec.  61.1 in a powered-lift, those instructor pilots
would be able to provide endorsements without need for the proposed
relief.
---------------------------------------------------------------------------

    Third, Sec.  61.129(e)(4) requires an applicant for a powered-lift
category rating to obtain either 10 hours of solo flight time in a
powered-lift or 10 hours of flight time performing the duties of PIC in
a powered-lift with an authorized instructor onboard. Either of these
flight times may be credited towards the flight time requirement in
Sec.  61.129(e)(2), which requires 100 hours of PIC flight time, of
which 50 hours must be in powered-lift. Consistent with the alternate
requirements proposed for test pilots and instructor pilots, the FAA is
proposing in Sec.  194.221(b)(3) to permit the instructor pilot to
replace the authorized instructor in Sec.  61.129(e)(4). For the
reasons stated in the previous paragraph, the FAA finds that an
instructor pilot is qualified to temporarily serve in this role.
Additionally, the FAA finds that any risk to safety would be mitigated
by the scope of the relief because the alternate requirement would
apply only to those individuals who were authorized by the FAA to serve
as an initial check pilot, chief instructor, assistant chief
instructor, or TCE for the purpose of initiating training in a powered-
lift under part 135, 141, or 142; the temporary nature of the relief;
and the qualifications and experience held by the initial cadre of
instructors to whom the relief would apply.
b. Alternate Aeronautical Experience Logging PIC Flight Time (Sec.
61.129(e)(2))
    The FAA finds that the aeronautical experience requirement in Sec.
61.129(e)(2)(i), which requires 50 hours of PIC flight time in powered-
lift, presents an obstacle in light of the PIC logging requirements set
forth in Sec.  61.51(e) for the initial cadre of instructors who would
train with the manufacturer under this proposal. As discussed, under
Sec.  61.51(e)(1), as relevant, a pilot may log PIC time when the pilot
is the sole manipulator of the controls of an aircraft for which the
pilot is rated (category, class, and type rating, if appropriate), or
the sole occupant of an aircraft. The initial cadre of instructors who
attend training at a manufacturer will not yet be rated in the powered-
lift, so they will not be able to log PIC time as sole manipulator of
the controls. Additionally, because the majority of the flight time
with the manufacturer would consist of training time with an instructor
pilot, the person would not be able to log this time as PIC time as the
sole occupant of the powered-lift.
    To establish the initial cadre of persons who would initiate
training in a powered-lift in accordance with an approved training
program under part 135, 141, or 142, the FAA is proposing in Sec.
194.221(c) to temporarily permit those persons who would receive
training at the manufacturer to log up to 40 hours of PIC flight time
towards the 50-hour requirement during flights when the person is the
sole manipulator of the controls of the powered-lift for which the
person is not rated, provided the person is manipulating the controls
of the powered-lift, performing the duties of PIC with an instructor
pilot onboard, and the flight is conducted in accordance with the
manufacturer's training curriculum.
    This proposed alternate logging requirement would enable persons to
log 40 hours of PIC flight time for flights when they are obtaining
flight training on the areas of operation specified in Sec.
61.127(b)(5). To the extent these pilots would not be held to the same
logging provisions required for pilots operating other categories of
aircraft, the FAA finds that risk would be mitigated for the same
reasons previously discussed. The scope of this relief would be both
narrowly applicable and temporary, and the persons who may exercise
this alternate logging requirement would be the most qualified and
experienced instructors at a part 135 operator, part 141 pilot school,
and part 142 training center. The FAA finds that the flight time
permitted under the proposed alternate requirement would be valuable
for the purposes of logging PIC flight time for a powered-lift category
rating because the pilot would be solely manipulating the controls of
the powered-lift, thereby obtaining experience with its flight and
handling characteristics, while simultaneously exercising the duties of
PIC. By exercising the duties of PIC, the pilot would experience
increased responsibilities during the flight (compared to a typical
training flight in an aircraft in which they are not yet rated),
including heightened decision-making.
    The FAA notes that, as proposed, these pilots would still be
required to obtain the last 10 hours of PIC flight time as solo flight
time under Sec.  61.51(e).\140\
---------------------------------------------------------------------------

    \140\ The solo flight endorsement required under Sec.
61.31(d)(2) may be provided by an instructor pilot in lieu of an
authorized instructor in accordance with proposed Sec.  194.213(a).
---------------------------------------------------------------------------

iii. Pilots Receiving Training Under an Approved Training Program
a. Alternate Requirements for a Commercial Pilot Certificate With a
Powered-Lift Category Rating
    The PIC logging requirements in Sec.  61.51(e)(1) would also create
obstacles for persons seeking to obtain a powered-lift category rating
on their commercial pilot certificate outside a manufacturer's training
curriculum. Because this is a new category of aircraft that is entering
the civilian market, pilots would be unable to log PIC flight time in
the powered-lift in accordance with Sec.  61.51(e)(1)(i) because they
would not yet be rated in the aircraft. Thus, at the commercial pilot
level, a person would have to obtain the 50 hours of PIC time required
by Sec.  61.129(e)(2)(i) as the sole

occupant of the powered-lift under solo endorsements from an authorized
instructor.
    To springboard the initial cadre of powered-lift pilots, the FAA is
proposing in Sec.  194.221(c) to permit certain applicants for a
commercial pilot certificate with a powered-lift category rating to log
up to 40 hours of PIC flight time towards the 50-hour requirement
during flights when the pilot is the sole manipulator of the controls
of the powered-lift for which the pilot is not rated, provided the
applicant is manipulating the controls of the powered-lift, the
applicant is performing the duties of PIC with an authorized instructor
onboard, and the flight is conducted in accordance with an approved
training program under part 135, 141, or 142.\141\
---------------------------------------------------------------------------

    \141\ Training under part 135, 141, or 142 is discussed in more
detail in section V.F of this preamble.
---------------------------------------------------------------------------

    This proposed 40 hours of PIC flight time would be logged when the
applicant is obtaining flight training on the areas of operation
specified in Sec.  61.127(b)(5) under an approved part 135, 141, or 142
training program. The FAA acknowledges that this proposal relaxes the
standards for logging PIC flight time from the standard applied to
other categories of aircraft. Given the unique challenges presented by
the introduction of powered-lift for commercial operations, the FAA has
weighed the safety concerns of a relaxed standard against the need to
enable pilot certification and concluded that this proposal
appropriately mitigates any risk that may be introduced during the
transitional period in which it would be permitted.
    Even though the pilots are not rated in a powered-lift, the FAA
finds that this flight time would be valuable for purposes of logging
PIC flight time for a powered-lift category rating for the same reasons
discussed in the previous section. By requiring the flight to be
conducted in accordance with an approved training program under part
135, 141, or 142, the FAA would ensure that the pilot is logging
alternate PIC time only for those training flights that are conducted
in an approved training program environment. The FAA has oversight of
training conducted through program approval under parts 135, 141, and
142, and the approved training programs would be monitored and
validated to ensure the instructional quality is consistent and the
training is effective. The proposed requirement for the flight to be
conducted in accordance with an approved training program under part
135, 141, or 142 would serve as a risk mitigation to ensure that the
proposed alternate PIC logging requirement would not result in an
adverse impact to safety.
    As with the initial cadre of instructors, an applicant would be
required to obtain the remaining 10 hours of PIC time as the sole
occupant of the powered-lift under an instructor endorsement.
b. Use of a Full Flight Simulator for PIC Time for a Commercial Pilot
Certificate With a Powered-Lift Category Rating
    Currently, Sec.  61.129(i) contains the permitted credit for use of
an FFS or FTD in lieu of an aircraft for a commercial pilot
certificate. Section 61.129(i)(1) permits an applicant who has not
accomplished the training required by Sec.  61.129 in a course
conducted by a training center certificated under part 142 to credit a
maximum of 50 hours toward the total aeronautical experience
requirements of Sec.  61.129 for an airplane or powered-lift rating, or
a total of 25 hours toward the total aeronautical experience
requirements of Sec.  61.129 for a helicopter rating, provided the
aeronautical experience was obtained from an authorized instructor in
an FFS or FTD that represents the aircraft.\142\ For applicants who
have accomplished the training required by Sec.  61.129 in a course
conducted by a training center certificated under part 142, Sec.
61.129(i)(2) permits the applicant to credit a maximum of 100 hours
toward the total aeronautical experience requirements of Sec.  61.129
for an airplane or powered-lift rating or a total of 50 hours toward
the total aeronautical experience requirements of Sec.  61.129 for a
helicopter rating, provided the aeronautical experience was obtained
from an authorized instructor in an FFS or FTD that represents the
aircraft.
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    \142\ The FFS and FTD must represent the class of airplane or
powered-lift category and type (see Sec.  61.129(i)(1)(i) and
(i)(2)(i)), or helicopter and type (see Sec.  61.129(i)(1)(ii) and
(i)(2)(ii)), if applicable, appropriate to the rating sought.
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    While the regulation currently permits applicants for a commercial
pilot certificate with a powered-lift category rating to credit time
obtained in an FFS or FTD towards the aeronautical experience
requirements of Sec.  61.129(e), the time obtained in an FFS or FTD may
be credited only towards the total flight time. To allow for more
flexibility and to foster the development of an initial cadre of
powered-lift pilots, the FAA has decided to temporarily permit time
obtained in a Level C or higher FFS to be credited toward a certain
subset of aeronautical experience.
    Specifically, the FAA is proposing in Sec.  194.223(d) to permit an
applicant for a commercial pilot certificate with a powered-lift
category who is accomplishing training under an approved program under
part 135, 141, or 142 to credit a maximum of 15 hours obtained in an
FFS toward the 50-hour PIC flight time requirement in Sec.
61.129(e)(2)(i), provided the aeronautical experience was obtained
performing the duties of PIC in a Level C or higher FFS that represents
the powered-lift category. The FAA finds that this provision would not
adversely affect safety because the applicant would still be required
to obtain 35 hours of PIC flight time in the powered-lift, which aligns
with the aeronautical experience requirement in Sec.  61.129(c)(2)(i)
for a helicopter rating. While the amount of PIC flight time that would
be required in the actual powered-lift would be reduced to 35 hours,
most operations in the powered-lift currently seeking type
certification are sufficiently similar to helicopter operations in that
the flight is of shorter range,\143\ which condenses the critical
phases of flight \144\ and results in an operation during which the
pilot is actively engaged in performing the most critical PIC duties to
ensure the safety of the flight. Operations in an airplane are
generally of longer duration, which results in the pilot experiencing
less time performing the duties of PIC in the critical phases of
flight.
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    \143\ The FAA notes that this comparison is based on the current
type certification projects for powered-lift.
    \144\ The FAA considers the critical phases of flight to include
all ground operations involving taxi, takeoff and landing, and all
other flight operations conducted below 10,000 feet, except cruise
flight. The FAA emphasizes the importance of operations involving
the critical phases of flight. See 14 CFR 121.542(c), 135.100(c)
(commonly referred to as the ``sterile cockpit rule'').
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    Additionally, in proposed Sec.  194.223(d)(2), the FAA is proposing
to permit 15 hours of PIC time in a Level C or higher FFS only for
those applicants who are undergoing an approved training program under
part 135, 141, or 142. By limiting this credit to applicants who are
conducting flights in accordance with an approved training program, the
FAA would ensure that the only FFS time that may be credited towards
the 50-hour PIC flight time requirement is time acquired in a
controlled environment in accordance with a structured curriculum for
which the FAA has provided approval and retains continuing oversight.
    The FAA finds that permitting the pilot to obtain 15 hours of PIC
time in a Level C or higher FFS, provided the flight is conducted in
accordance with

an approved training program, would enable the pilot to gain experience
performing the duties and functions of a PIC in situations that the
pilot would not typically encounter while attaining PIC time operating
a small aircraft in the NAS. For example, this proposal would enable
the pilot to acquire experience performing the duties of PIC, which
includes exercising decision-making abilities, during critical
emergency procedures that could not otherwise be performed in the
aircraft. Furthermore, for the purpose of establishing an initial cadre
of powered-lift pilots, these alternate requirements would not
adversely affect safety because they would be narrowly focused on a
select population of seasoned pilots who already hold commercial pilot
certificates and instrument ratings, they would be in effect for a
temporary duration, and the requirement for the applicant to pass the
commercial pilot practical test in a powered-lift with an FAA inspector
or examiner would serve as a safeguard.
    The FAA determined that a minimum of Level C FFS is required
because these devices provide the highest level of aerodynamic
modeling, visual fidelity, and motion cueing to replicate the powered-
lift for motion-based pilot training. The 3-degree-of-freedom motion
cues provided by Level A and B devices do not provide the level of
fidelity required to meet the flight training objectives as compared to
the 6-degree-of-freedom requirements for Level C and higher devices.
The use of a Level C or higher FFS is also consistent with Sec.  61.64,
which allows a practical test to be completed only in a Level C or
higher FFS.
3. Obtaining an Instrument-Powered-Lift Rating Sec.  61.65(f)
    To obtain an instrument-powered-lift rating, a person must satisfy
the aeronautical experience requirements for an instrument-powered-lift
rating in Sec.  61.65(f). Section 61.65(f)(1) requires a person who
applies for an instrument-powered-lift rating to log at least 50 hours
of cross-country time as PIC, 10 of which must be in a powered-lift.
Section 61.65(f)(2) requires 40 hours of actual or simulated instrument
time in the areas of operation listed under Sec.  61.65(c), of which 15
hours must be received from an authorized instructor who holds an
instrument-powered-lift rating. The instrument time must include 3
hours of instrument flight training from an authorized instructor in a
powered-lift within 2 calendar months before the date of the instrument
rating practical test. Additionally, the instrument time referenced in
Sec.  61.65(f)(2) must include instrument flight training on cross-
country flight procedures, including one cross-country flight in a
powered-lift with an authorized instructor that is performed under IFR,
when a flight plan has been filed with an ATC facility. The cross-
country flight must include 250 nautical miles along airways or by
directed routing from an ATC facility, an instrument approach at each
airport, and three different kinds of approaches with the use of
navigation systems.
    Civilian pilots are unable to satisfy several of the aeronautical
experience requirements for an instrument-powered-lift rating for the
same reasons as civilian pilots are unable to satisfy certain
requirements for a commercial pilot certificate with a powered-lift
rating, as previously discussed. The FAA therefore finds it necessary
to enable an alternate pathway for persons to obtain an instrument-
powered-lift rating similar to the alternate pathway proposed for
powered-lift category ratings at the commercial pilot certificate
level. The FAA proposes in Sec.  194.215 to limit the alternate
aeronautical experience and logging requirements for obtaining an
instrument-powered-lift rating to those persons who already hold at
least a commercial pilot certificate with at least an airplane category
and single- or multiengine class rating or a rotorcraft category and
helicopter class rating. The person would also be required to hold an
instrument-airplane or instrument-helicopter that corresponds to the
category (airplane) or class rating (helicopter) held at the commercial
level.
    In addition, consistent with the alternate pathway proposed for the
commercial pilot aeronautical experience requirements, the FAA is
proposing alternate experience and logging requirements to obtain an
instrument-powered-lift rating for (1) test pilots and instructor
pilots, (2) the initial cadre of instructors, and (3) pilots receiving
training under an approved training program.\145\ Alternate
requirements for cross-country flights, which are generally applicable,
are discussed later in this section. Section E.5.ii of this preamble
contains tables summarizing the proposed alternate requirements for an
instrument-powered-lift rating.
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    \145\ The FAA recognizes that, pursuant to Sec.
91.109(c)(1)(i), to operate a civil aircraft in simulated instrument
flight, a safety pilot must occupy the other control seat and
possess at least a private pilot certificate with category and class
ratings appropriate to the aircraft being flown to operate a civil
aircraft. However, because test pilots and instructor pilots may not
yet possess the powered-lift category rating to meet this
requirement while conducting operations to meet the proposed
alternate experience requirements set forth in the SFAR, proposed
Sec.  194.311 would except operations conducted to meet the
alternate aeronautical experience requirements set forth in proposed
Sec. Sec.  194.225, 194.227, and 194.229 from meeting Sec.
91.109(c)(1)(i). For the reasons explained previously about the
depth of knowledge and operating experience of test pilots and
instructor pilots, the FAA has determined there would be no adverse
impact to safety.
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i. Test Pilots and Instructor Pilots: Alternate Aeronautical Experience
and Logging Requirements for Instrument-Powered-Lift Rating
    Sections 194.225 and 194.227 would contain the alternate
aeronautical experience and logging requirements for test pilots and
instructor pilots seeking an instrument-powered-lift rating. The FAA is
proposing in Sec. Sec.  194.225(a) and 194.227(a) that these alternate
requirements would apply if the flights are conducted in an
experimental aircraft at the manufacturer and the test pilots or
instructor pilots seeking to take advantage of the alternate
requirements are authorized by the Administrator to act as PIC of the
experimental powered-lift. The alternate training requirements would be
set forth in Sec.  194.225(b)(1) through (4) for test pilots and Sec.
194.227(b)(1) through (4) for instructor pilots. The alternate logging
requirements would be set forth in Sec. Sec.  194.225(c) and
194.227(c). Each of the proposed alternate requirements are discussed
below.
a. Aeronautical Experience Requirements Involving Instrument Training
(Sec.  61.65(f)(2))
    First, the FAA is proposing alternate requirements for test pilots
or instructor pilots to accomplish the 15 hours of instrument training
on the areas of operation listed in Sec.  61.65(c), as required by
Sec.  61.65(f)(2). Under proposed Sec.  194.225(b)(1), a test pilot
would be permitted to satisfactorily complete the manufacturer's
training curriculum in the experimental powered-lift with an instructor
pilot. Similarly, under Sec.  194.227(b)(1), the instructor pilot would
be able to credit the time spent providing the manufacturer's training
curriculum towards the training required by Sec.  61.65(f)(2). The
manufacturer's training curriculum would be required to include 15
hours of instrument training on the areas of operation listed in Sec.
61.65(c).
    For the purpose of verifying satisfactory completion of the
alternate experience requirement to an examiner, the FAA is proposing
to require the test pilot or instructor pilot to receive an

endorsement in their logbook or training record. Under proposed Sec.
194.225(b)(1)(ii), a test pilot would be required to receive an
endorsement from the instructor pilot who provided the training,
certifying that the test pilot satisfactorily completed the
manufacturer's training curriculum in the experimental powered-lift.
Under proposed Sec.  194.227(b)(1)(ii), an instructor pilot would be
required to receive an endorsement from a management official within
the manufacturer's organization certifying that the instructor pilot
has provided the manufacturer's training curriculum to a test pilot.
    Second, the FAA is proposing an alternate requirement to Sec.
61.65(f)(2)(i) that would permit the preparation for the instrument
rating practical test to be completed with an instructor pilot rather
than an authorized instructor. These requirements set forth in proposed
Sec. Sec.  194.225(b)(2) and 194.227(b)(2) would enable the test pilot
or instructor pilot to take the instrument rating practical test after
satisfactorily completing three hours of instrument flight training
with an instructor pilot in a powered-lift within two calendar months
before the date of the practical test. To enable the examiner to verify
that the preparation was completed, the applicant would be required to
receive a logbook or training record endorsement under Sec.
61.65(a)(6); however, under proposed Sec.  194.213, the applicant may
obtain the endorsement from the instructor pilot, who certifies that
the applicant is prepared for the practical test.
    Third, the FAA is proposing alternate requirements in Sec. Sec.
194.225(b)(3) and 194.227(b)(3) that would allow test pilots or
instructor pilots to perform instrument training on cross-country
flight procedures referenced in Sec.  61.65(f)(2)(ii) in an
experimental powered-lift with an instructor pilot rather than an
authorized instructor. The applicant would also be required to receive
a logbook or training record endorsement from the instructor pilot to
certify that the applicant completed the cross-country flight with the
instructor pilot. For the same reasons discussed earlier in this
section with regard to training for a powered-lift category rating, the
FAA finds that permitting the instrument training, the preparation for
the practical test, and the cross-country instrument flight to take
place with an instructor pilot rather than an authorized instructor
would not adversely affect safety.
b. Aeronautical Experience Requirements Involving Logging PIC Flight
Time (Sec.  61.65(f)(1))
    The FAA recognizes the obstacle with logging PIC time in accordance
with Sec.  61.51(e)(1) for the reasons stated previously. These
obstacles are relevant to persons seeking an instrument-powered-lift
rating because Sec.  61.65(f)(1) requires 10 hours of cross-country
time as PIC in a powered-lift. Accordingly, consistent with the
alternate logging requirements proposed for persons seeking to add a
powered-lift category rating on a commercial pilot certificate, the FAA
proposes in Sec. Sec.  194.225(c) to permit test pilots at the
manufacturer to log PIC flight time for the purpose of satisfying the
10-hour cross-country requirement in Sec.  61.65(f)(1) when the test
pilot is the sole manipulator of the controls of an experimental
powered-lift even if the test pilot is not rated for the aircraft. To
log this time, the test pilot would be required to be acting as PIC of
the experimental powered-lift in accordance with a letter of
authorization issued by the Administrator. In addition, the flight
would have to be conducted for the purpose of research and development
or showing compliance with the regulations in accordance with the
experimental certificate issued to the powered-lift pursuant to Sec.
21.191.
    Similarly, the FAA is proposing in Sec.  194.227(c) to allow
instructor pilots to log PIC flight time for the purpose of satisfying
the 10-hour cross-country requirement in Sec.  61.65(f)(1) when the
pilot is serving as an instructor pilot for the manufacturer of an
experimental powered-lift for which the instructor pilot is not rated,
provided the pilot is acting as pilot-in-command of the experimental
powered-lift in accordance with a letter of authorization issued by the
Administrator and the flight is conducted for the purpose of crew
training in accordance with the experimental certificate issued to the
powered-lift pursuant to Sec.  21.191.
    For the reasons provided in the discussion of PIC flight time for
powered-lift ratings at the commercial pilot certificate level, the FAA
finds that there would be no adverse impact to safety by allowing this
time to be logged for instrument-powered-lift ratings.
ii. Initial Cadre Instructors: Alternate Aeronautical Experience and
Logging Requirements for Instrument-Powered-Lift Ratings
    The FAA is proposing alternate experience and logging requirements
for certain requirements in Sec.  61.65(f) that would facilitate
initial training and certification of persons who have been authorized
to serve as the initial cadre of check pilots, chief instructors,
assistant chief instructors and TCEs for the purpose of developing
sufficient personnel to provide initial training in powered-lift in
accordance with approved training programs under parts 135, 141, and
142. These alternate requirements would apply if the flights are
conducted in type-certificated powered-lift at the manufacturer.
a. Aeronautical Experience Requirements Involving Training (Sec.
61.65(f))
    As with test pilots, the FAA is proposing in Sec.  194.229(b)(1) to
permit these persons to receive the 15 hours of instrument training on
the areas of operation listed in Sec.  61.65(c) from an instructor
pilot in lieu of an authorized instructor. The instructor pilot would
be required to conduct the training in accordance with the
manufacturer's training curriculum. These persons would be required to
obtain a logbook or training record endorsement from the instructor
pilot certifying satisfactory completion of the manufacturer's training
curriculum for the same reasons the test pilot is required to receive
such an endorsement.
    The FAA is also proposing to permit the instructor pilot to replace
the authorized instructor for (1) the 3 hours of instrument flight
training in a powered-lift in preparation for the practical test for an
instrument-powered-lift rating within 2 calendar months before the date
of the practical test in Sec.  61.65(f)(2)(i), set forth by proposed