---------------------------------------------------------------------------

    For the reasons stated previously, the FAA is proposing to amend
Sec.  61.109(e)(5) to require an applicant for a private pilot
certificate with a powered-lift category rating to obtain 10 hours of
solo flight time in a powered-lift. In addition to providing an
adequate level of safety, requiring the applicant to obtain solo flight
time in the category of aircraft for which the rating is sought would
ensure consistency with the aeronautical experience requirements in
Sec.  61.109 that apply to persons seeking airplane and helicopter
ratings.
2. Removal of Sec. Sec.  61.63(h) and 61.165(g)
    Before 2004, Sec.  61.31 allowed a pilot to operate an experimental
aircraft carrying passengers without a category and class rating when
permitted by the aircraft's operating limitations. In 2004, the FAA
amended Sec.  61.31 to require persons to hold the appropriate category
and class rating when carrying a passenger regardless of the aircraft's
airworthiness certificate. The amendment also established a method to
credit previous experience gained in an experimental aircraft to ensure
pilots complied with the revised provisions.\262\ Specifically, to
ensure that pilots operating under regulations before the final rule
change requiring appropriate category and class ratings complied with
the revised provisions, the FAA added Sec. Sec.  61.63(k) and
61.165(f), which is currently situated as Sec. Sec.  61.63(h) and
61.165(g). These provisions permit certificated pilots who hold a
recreational pilot certificate or higher but do not have a category and
class rating to operate the experimental aircraft to apply for a
category and class rating with the limitation ``experimental aircraft
only'' and a designation for the make and model aircraft authorized to
be operated. Pilots seeking this privilege are required to have logged
at least 5 hours of PIC time in the same category, class, make, and
model of aircraft issued an experimental certificate. The applicant is
required to receive a logbook endorsement from an authorized flight
instructor who has determined that they are proficient to act as PIC of
the same category and class of aircraft.
---------------------------------------------------------------------------

    \262\ Certification of Aircraft and Airmen for the Operation of
Light-Sport Aircraft, Final Rule, 69 FR 44772, 44829 (Jul. 27,
2004). This amendment was adopted as Sec.  61.31(k)(2)(iii)(B), but
is currently codified as Sec.  61.31(l)(2)(iii)(B). 74 FR 42499,
42548.
---------------------------------------------------------------------------

    Additionally, the FAA required the 5 hours of flight time to have
been logged between September 1, 2004, and August 31, 2005. The FAA
reasoned that the 5 hours of PIC time received within the 12-month
window, as well as the endorsement from a flight instructor, ensures
recent experience and necessary skills in the category and class of
experimental aircraft that the applicant intends to operate. Upon
satisfaction of these requirements, the FAA will issue the applicant a
new pilot certificate with the additional category and class rating and
the limitation ``experimental aircraft only'' without any further
testing.
    After more than 15 years since initial codification, the FAA
anticipates that individuals that were operating under the pre-2004
requirements have already utilized Sec. Sec.  61.63(h) and 61.165(g) to
obtain a limited category and class rating. As a result, the FAA
proposes to remove Sec. Sec.  61.63(h) and 61.165(g). The FAA notes
that these subsections would be removed upon the effective date of the
final rule. Therefore, any certificate holders that have not yet
obtained a limited category and class rating under Sec. Sec.  61.63(h)
and 61.165(g), but wish to do so, would have until that date to utilize
the provisions.
3. ATP Privileges and Limitations (Sec.  61.167)
    Section 61.167 prescribes the privileges and limitations for an ATP
certificate holder. Currently, under Sec.  61.167(a)(2), a person who
holds an ATP certificate and has met the aeronautical experience
requirements of Sec.  61.159 or Sec.  61.161 and the age requirements
of Sec.  61.153(a)(1) may instruct other pilots in air transportation
service in accordance with the requirements set forth in Sec.
61.167(a)(2)(i) through (iv). Section 61.159 contains the aeronautical
experience requirements for an applicant seeking an ATP certificate
with an airplane category and class rating, and Sec.  61.161 contains
the aeronautical experience requirements for an applicant seeking an
ATP certificate with a rotorcraft category and helicopter class rating.
Currently, because Sec.  61.167(a)(2) references only Sec. Sec.  61.159
and 61.161, the privileges for ATPs set forth in Sec.  61.167(a)(2) do
not extend to an ATP certificate holder who has met the aeronautical
experience requirements for powered-lift in Sec.  61.163.\263\ As such,
powered-lift ATPs may not instruct in accordance with Sec.
61.167(a)(2)(i) through (iv).
---------------------------------------------------------------------------

    \263\ Section 61.163 contains the aeronautical experience
requirements for an applicant seeking an ATP certificate with a
powered-lift category rating.
---------------------------------------------------------------------------

    As explained in section V.F of this preamble, Sec.  61.3(d)(3)(ii)
permits a person to instruct in accordance with an approved training
program under part 135 without holding a flight instructor certificate,
provided that person holds an ATP certificate with the ratings
appropriate to the aircraft in which training is given. The FAA is
therefore proposing to amend Sec.  61.167(a)(2) to include a reference
to the aeronautical experience requirements in Sec.  61.163. This
proposed amendment would ensure that persons who obtain an ATP
certificate with the appropriate powered-lift ratings may instruct
other pilots in air transportation service in powered-lift, consistent
with what is permitted for persons who hold an ATP certificate with
either airplane or helicopter ratings. The FAA notes that, under
proposed Sec.  194.205, the proposed change to Sec.  61.167(a)(2) would
not permit an ATP with powered-lift ratings to conduct training in the
part 135 operator's airman certification curriculum proposed in Sec.
194.243(a).
4. Second-in-Command Time in Part 135 Operations
    In 2018, the FAA issued a final rule that amended Sec.  135.99 to
allow a certificate holder to receive approval of an SIC professional
development program (SIC PDP).\264\ An SIC PDP allows the certificate
holder's pilots to log SIC time in certain operations \265\ conducted
under part 135 in an airplane or operation that does not otherwise
require an SIC.\266\ As described in that final rule, a comprehensive
SIC PDP provides opportunities for beneficial flight experience that
may not otherwise exist. Recognizing the benefits of that flight time,
the FAA also amended Sec. Sec.  61.159 and 61.161 to allow a pilot to
credit SIC time logged under an SIC PDP towards certain flight time
requirements for an ATP certificate with an airplane category or a
rotorcraft category and helicopter class rating.\267\ In the NPRM that
preceded the 2018 final rule,\268\ the

FAA acknowledged the value of pilot experience gained by airmen who
have been properly trained to serve as SIC in the air carrier
environment. In Public Law 111-216, Congress directed the FAA to ensure
that applicants for an ATP certificate have received flight training,
academic training, or operational experience that will prepare the
pilot to, among other things, function effectively in a multipilot
environment, adhere to the highest professional standards, and function
effectively in an air carrier operational environment. The FAA
determined that permitting pilots to credit SIC time logged under an
SIC PDP, which provides an appropriate training and mentoring
environment, towards the flight time requirements for ATP certification
would support the congressional directive and provide an effective
method to acquire experience for ATP certification. Additionally, the
experience acquired under an SIC PDP would provide a strong
foundational experience for the development of a professional pilot.
---------------------------------------------------------------------------

    \264\ Regulatory Relief: Aviation Training Devices; Pilot
Certification, Training, and Pilot Schools; and Other Provisions
final rule, 83 FR 30240 (Jun. 27, 2018).
    \265\ Under an SIC PDP, the aircraft must be either a
multiengine airplane or a single-engine turbine-powered airplane.
See 14 CFR 135.99(c)(2).
    \266\ Prior to the 2018 final rule, a person serving as SIC in a
part 135 operation could log SIC time only if more than one pilot
was required under the type certification of the aircraft or the
regulations under which the flight was being conducted. 14 CFR
61.51(f)(2).
    \267\ Regulatory Relief: Aviation Training Devices; Pilot
Certification, Training, and Pilot Schools; and Other Provisions:
Final Rule, 83 FR 30240 (Jun. 27, 2018).
    \268\ Regulatory Relief: Aviation Training Devices; Pilot
Certification, Training, and Pilot Schools; and Other Provisions
NPRM, 81 FR 29728 (May 12, 2016).
---------------------------------------------------------------------------

    For the same reasons, the FAA concludes that a pilot should be able
to credit SIC time logged under an SIC PDP towards an ATP certificate
with a powered-lift category rating as is allowed for pilots applying
for an ATP certificate with an airplane category or a rotorcraft
category and helicopter class rating. Specifically, the FAA proposes to
amend Sec.  61.163 to add paragraph (c) to allow SIC time logged under
an SIC PDP to be counted towards the total time as a pilot required by
Sec.  61.163(a) and the specific flight time requirements for ATP
certification set forth in Sec.  61.163(a)(1), (2), and (4) (e.g.,
cross-country time, night flight time, and instrument flight time). A
person may not credit the SIC time logged under an SIC PDP towards the
powered-lift-specific flight time requirements of Sec.  61.163(a)(3)
because the aircraft operated under an approved SIC PDP must be a
multiengine airplane or a single-engine turbine-powered airplane. The
proposed amendment to Sec.  61.163 would ensure that a commercial pilot
can log SIC flight time acquired under a SIC PDP towards an ATP
certificate with a powered-lift category rating in the same manner as
currently allowed for an ATP certificate with an airplane category
rating or a rotorcraft category and helicopter class rating.\269\
---------------------------------------------------------------------------

    \269\ This proposal would not enable a part 135 operator to seek
approval of an SIC PDP in powered-lift. The FAA is not proposing
changes to the aircraft requirements for an SIC PDP set forth in
Sec.  135.99(c).
---------------------------------------------------------------------------

    The FAA notes that the International Civil Aviation Organization
(ICAO) currently has a standard for logging flight time to meet the
standards for certificates and ratings that does not recognize the
crediting of flight time when a pilot is not required by the aircraft
certification or the operation under which the flight is being
conducted. However, ICAO currently has only recommended practices, as
opposed to standards, for minimum flight time requirements for powered-
lift ratings. If these ICAO recommended practices become standards
prior to the FAA's publication of a final rule, the pilots who rely on
flight time logged under an SIC PDP to meet the requirements for an ATP
certificate with a powered-lift category rating must have a limitation
on their ATP certificates indicating that they do not meet the PIC
aeronautical experience requirements of ICAO. This limitation may be
removed when the pilot presents satisfactory evidence that they have
met the new ICAO standards.\270\ The FAA proposes to add paragraphs (d)
and (e) to Sec.  61.163 to include the requirement for the ICAO
limitation and the requirements for removing the limitation, under the
assumption that the ICAO recommendations for powered-lift will become
the ICAO standards for powered-lift in the future. The FAA will
reevaluate the status of ICAO's powered-lift experience provisions
prior to issuing a final rule to determine whether the proposed rule
language in Sec.  61.163(d) and (e) are necessary.
---------------------------------------------------------------------------

    \270\ See Regulatory Relief: Aviation Training Devices; Pilot
Certification, Training, and Pilot Schools; and Other Provisions
NPRM, 81 FR 29728 (May 12, 2016).
---------------------------------------------------------------------------

5. References to Category and Class
    The FAA has identified several regulations in part 61 that contain
references to the category and class of aircraft. As previously
explained, the FAA is not establishing classes of powered-lift. As a
result, the requirements that must be met for the appropriate class of
aircraft would present a problem for powered-lift pilots. For example,
because a powered-lift pilot would hold a category rating but not a
class rating, that pilot would not be able to satisfy requirements,
such as Sec.  61.3(e), that require the person to hold the appropriate
category and class rating. Additionally, because there would be no
classes of powered-lift, persons would be unable to satisfy the
requirements for an aircraft, flight simulator, or FTD to represent the
category and class of powered-lift. The FAA is therefore proposing to
update the regulatory references to category and class throughout part
61 to make clear that the reference to class is only appropriate if the
regulations require classes for the category of aircraft.\271\ The
following sections would be amended to reflect this change: Sec. Sec.
61.3(e)(1) and (2), (f)(2)(i) and (ii), and (g)(2)(i) and (ii);
61.45(a)(1)(i) and (a)(2)(ii); 61.51(f)(2); 61.57(a)(1)(ii),
(b)(1)(ii), and (g)(1) and (4); and 61.64(a)(1) and (g)(1).
---------------------------------------------------------------------------

    \271\ See 14 CFR 61.5(b) (prescribing the various ratings that
are placed on a pilot certificate, other than student pilot, when an
applicant satisfactorily accomplishes the training and certification
requirements for the rating sought).
---------------------------------------------------------------------------

    The FAA has also identified numerous provisions in part 141 and its
appendices that reference category and class of aircraft. The
qualification requirements for chief flight instructor, assistant
flight instructor, and check instructor contained in Sec. Sec.
141.35(a)(1), 141.36(a)(1), and 141.37(a)(2)(ii) require that the
person hold a commercial pilot certificate or ATP certificate and a
current flight instructor certificate. For flight training, these
certificates must contain the appropriate aircraft category, class, and
instrument ratings (if required) for the category and class of aircraft
used in the course. For checks and tests related to ground training, to
be eligible to be designated as a check instructor, Sec.
141.37(a)(3)(ii) requires the person to hold a current flight
instructor certificate or ground instructor certificate with the
ratings appropriate to the category and class of the aircraft used in
the course.\272\ Additionally, the course content contained in the
appendices also references class of aircraft, which is inapplicable
when a powered-lift is used in a course of training. The references to
class of aircraft in these provisions pose the same issues as the
references to class in part 61 for powered-lift pilots (i.e., powered-
lift pilots would be able to satisfy requirements for category ratings,
but not class ratings).
---------------------------------------------------------------------------

    \272\ The FAA recognizes that category and class ratings are not
placed on a ground instructor certificate. Rather, pursuant to Sec.
61.5(d), the FAA places basic, advanced and instrument ratings on a
ground instructor certificate. Therefore, the requirement to hold
the appropriate category and class ratings on an instructor
certificate in Sec.  141.37(a)(3)(ii) applies to persons who hold a
flight instructor certificate. The FAA is not proposing any
permanent amendments to part 141 in this rulemaking. Thus, the FAA
is not proposing to update Sec.  141.37(a)(3)(ii) at this time.
However, the FAA may contemplate a clarifying amendment to Sec.
141.37(a)(3)(ii) in a future rulemaking.
---------------------------------------------------------------------------

    However, the FAA has determined that a different approach would
best address the references to class throughout part 141. The only
regulatory requirements that reference

class are those qualification requirements discussed previously. The
FAA proposes Sec.  194.241, which would remove the qualification
requirement to hold a class rating in Sec. Sec.  141.35(a)(1),
141.36(a)(1), and 141.37(a)(2)(ii) and (a)(3)(ii) when a powered-lift
is used in the course. Additionally, proposed Sec.  194.241(a) and (b)
would delineate the certificates and aircraft ratings a person must
hold to be designated as a chief instructor, an assistant chief
instructor, or a check instructor (for checks and tests that relate to
flight training and ground training) when a powered-lift is used in the
course. As discussed in section V.A of this preamble, due to the
significant operational differences between each powered-lift, the FAA
is not establishing classes of powered-lift but is instead requiring
the PIC of a powered-lift to hold a type rating for the aircraft.
Therefore, in delineating the ratings that must be held on the pilot
certificate for persons seeking designation as a chief instructor, an
assistant chief instructor, or a check instructor (for checks and tests
that relate to flight training), the FAA proposes to add the
requirement that a person must hold a powered-lift type rating.\273\
---------------------------------------------------------------------------

    \273\ This proposed requirement provides additional clarity
regarding the need for these instructors to hold a powered-lift type
rating to receive these designations. Under the part 141 regulations
discussed in this section and the proposed SFAR provision of Sec.
194.241, to be designated a chief instructor, assistant chief
instructor, or a check instructor (for checks and tests that relate
to flight training), a current flight instructor certificate must be
held. A person who holds a flight instructor certificate is subject
to the limitations contained in Sec.  61.195. Specifically, Sec.
61.195(e) prohibits a flight instructor from giving training in an
aircraft that requires the PIC to hold a type rating unless the
flight instructor holds a type rating for the aircraft on their
pilot certificate for that aircraft. Because a PIC of a powered-lift
would be required to hold a type rating, to provide flight training
in a powered-lift, the flight instructor would be required to hold a
type rating for the powered-lift as well.
---------------------------------------------------------------------------

    Other than the qualification requirements in Sec. Sec.
141.35(a)(1), 141.36(a)(1), and 141.37(a)(2)(ii), the references to
class in part 141 exist in the appendices. Each appendix contains
content pertaining to a course of training for a certificate or rating.
For the same reasons previously discussed, the FAA proposes Sec.
194.249(b) that would make the references to class contained in course
content in the appendices to part 141 inapplicable when a powered-lift
is used for a course of training. This SFAR provision would accurately
and comprehensively resolve each problematic reference to class in the
appendices to part 141. Additionally, it would provide the FAA time to
assess which permanent changes will be needed in the appendices to part
141 to accommodate the use of powered-lift in the certification and
rating courses long-term.
    In addition to the class references identified in parts 61 and 141,
there are several class references throughout subpart K of part 91 and
parts 135 and 142 that pose challenges for powered-lift pilots, program
managers, training centers, and other affected persons and entities.
Under subpart K of part 91, Sec.  91.1055(b)(2) references class of
aircraft. Section 91.1055(b)(2) allows deviation from flight-time hour
requirements for PICs and SICs operating program flights if an existing
program manager adds a new category and class of aircraft to its fleet
not used before in its operation. In the absence of classes for
powered-lift, fractional ownership program managers could not utilize
this deviation authority. To remedy the discrepancy posed by the
reference to the aircraft class requirement in this section, the FAA
proposes Sec.  194.245(b) to clarify that this reference to class is
inapplicable when a powered-lift is used for the operation under
subpart K of part 91.
    Under part 135, Sec. Sec.  135.4(b)(2), 135.247(a)(1) and (2), and
135.603 also reference class of aircraft. Specifically, Sec.
135.4(b)(2) closely aligns with the text of Sec.  91.1055(b)(2)--
allowing deviation from certain crewmember experience requirements if
the certificate holder adds to its fleet a new category and class of
aircraft not used before in its operation. Section 135.247(a)(1) and
(2) require a PIC in an aircraft carrying passengers to make three
takeoffs and landings, and three additional takeoffs and landings for
operations after sunset and before sunrise, as the sole manipulator of
the flight controls in an aircraft of the same category, class, and
type, if a type rating is required, in which that person is to serve.
Finally, Sec.  135.603 requires the PIC of a helicopter air ambulance
operation to meet the requirements of Sec.  135.243 and to hold either
a helicopter instrument rating or an ATP certificate with a category
and class rating for that aircraft, not limited to VFR.\274\
---------------------------------------------------------------------------

    \274\ The FAA proposes that Sec.  135.603 apply to powered-lift
conducting operations in accordance with subpart L of part 135 under
proposed Sec.  194.308(n). See VI.D.1.vi (explaining rationale for
applying Sec.  135.603 to powered-lift operations).
---------------------------------------------------------------------------

    These class references would similarly pose challenges for part 135
certificate holders. Therefore, for the same reasons as described
above, the FAA proposes Sec.  194.249(a) to clarify that these
references to class are inapplicable when a powered-lift is used for
the operation under part 135.
    Lastly, under part 142, Sec. Sec.  142.11(d)(2)(ii),
142.49(c)(3)(iii), 142.53(b)(1), and 142.65(b)(1) reference class of
aircraft. As a result, training center certificate holders and
instructors would be unable to apply for issuance or amendment of
training specifications, comply with instructor and certificate holder
privileges and limitations, or satisfy the instructor training and
testing requirements. As a result, the FAA proposes Sec.  194.249(c) to
clarify that references to class of aircraft in these sections do not
apply when operating powered-lift or flight simulation devices
representing powered-lift under part 142.

I. Part 135 Pilot Qualifications

1. Statement of the Issue & Introduction
    On December 7, 2022, the FAA proposed revisions to 14 CFR parts 110
and 119 to enable powered-lift operations in part 135.\275\ The
potential introduction of powered-lift in part 135 operations requires
the FAA to propose updates to current crewmember training and
qualification requirements in that part.\276\ The current regulatory
framework in subparts A, E, G, and H of part 135 was initially codified
without contemplation of powered-lift operations. Unlike part 61, the
1997 final rule that first introduced powered-lift in 14 CFR did not
include updates to part 135.\277\ Such changes were unnecessary due to
the fact that powered-lift could not operate in part 135. Consequently,
the FAA's current proposal to amend part 135 includes introducing
powered-lift into the regulatory training and qualification paradigm,
rather than simply updating or modifying existing powered-lift
requirements.
---------------------------------------------------------------------------

    \275\ Update to Air Carrier Definitions NPRM, 87 FR 74995.
    \276\ Section VI of this NPRM sets forth the proposed changes to
the operational rules for powered-lift in parts 91 and 135.
    \277\ Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certification Rules, 62 FR 16220 (Apr. 4, 1997).
---------------------------------------------------------------------------

    To integrate the operation of these unique aircraft into the
existing part 135 crewmember training and qualification structure, the
FAA proposes a two-fold amendatory framework, proposing both permanent
regulatory amendments and temporary SFAR requirements. The FAA's
proposed SFAR requirements are intended to facilitate the training and
qualification of the initial groups of part 135 pilots, flight
instructors, and check pilots. In many instances, the training and
qualification requirements applicable to airplane pilots in part 135
would also be applied to powered-lift

pilots.\278\ Due to the energy or fuel consumption while operating
vertically in a powered-lift, the FAA anticipates that powered-lift
will quickly transition to horizontal flight utilizing the wings like
an airplane to afford powered-lift a much larger operational range and
faster speeds to optimize operational capabilities. Resultantly,
powered-lift pilots must possess many of the same skills and experience
as their airplane pilot counterparts.\279\
---------------------------------------------------------------------------

    \278\ For example, the proposed permanent amendments to Sec.
135.243(a)(3) and (b)(5) are similar to the PIC qualifications for
airplane pilots in Sec.  135.243(a)(1) and (b)(3).
    \279\ The FAA recently published a final rule permitting
military pilots and former military pilots to credit flight time in
horizontal flight in powered-lift toward the flight time
requirements for an ATP certificate with an airplane category
rating. Commenters to that rule estimated that military pilots
operate powered-lift in horizontal flight between 80-99% of the
time. Recognition of Pilot in Command Experience in the Military and
Air Carrier Operations, 87 FR 57580 (Sep. 21, 2022).
---------------------------------------------------------------------------

    At the same time, some of the FAA's proposals recognize the
operational differences in the capability of powered-lift and the
associated challenges of integrating a new category of aircraft into
the NAS for civilian use. Given these known operational distinctions,
there are instances where existing airplane or helicopter training and
qualification pilot rules do not readily apply. For example, some
powered-lift flight control designs differ from both conventional
airplane and helicopter controls, necessitating specific training and
qualification requirements to ensure proper pilot handling and safety
during flight. In those cases where neither airplane nor helicopter
training and qualification rules fit the operational capabilities of
powered-lift, the FAA proposes new temporary or permanent requirements
designed to facilitate the readiness of powered-lift pilots to safely
integrate into the NAS. The FAA's SFAR proposals and permanent
amendments seek to balance the demand for safety in part 135 operations
while recognizing the operational uniqueness of powered-lift and
encouraging the integration of these new aircraft operations under this
part.
2. Relevant History & Background
    Part 135 prescribes operating requirements for commuter and on-
demand operations. Specifically, subpart A prescribes the operations
and personnel that are affected by the part, and subpart E details
flight crewmember qualification requirements. Subparts G and H set
forth the testing and training requirements for crewmembers.
    On October 10, 1978, the FAA substantially amended the part 135
regulations that governed commuter air carriers and on-demand air taxi
operators.\280\ These regulations were enacted to update the
requirements of part 135 in response to anticipated growth in
operations stemming from legislative efforts to deregulate the airline
industry.\281\ In particular, the FAA anticipated the passage of the
Airline Deregulation Act of 1978 and sought to update its regulations
prior to the Act's codification.\282\ In that Act, Congress mandated
that the FAA modify its regulatory framework to ensure commuter air
carriers afford passengers the same level of safety as that granted to
passengers travelling on other certificated carriers.\283\ As a result
of the FAA's prior rulemaking in anticipation of this legislation, no
further amendments were necessary after the Act's promulgation.\284\
---------------------------------------------------------------------------

    \280\ Regulatory Review Program; Air Taxi Operators and
Commercial Operators, 43 FR 46742, 46783 (Oct. 10, 1978).
    \281\ See Air Taxi Operators and Commercial Operators; Commuter
Pilot in Command Operating Experience Requirements, 45 FR 7540 (Feb.
4, 1980) (explaining 1978 update to part 135 regulations).
    \282\ Id.
    \283\ Airline Deregulation Act of 1978, Public Law 95-504, 49
U.S.C. 1301 (October 24, 1978).
    \284\ Air Taxi Operators and Commercial Operators; Commuter
Pilot in Command Operating Experience Requirements, 45 FR 7540 (Feb.
4, 1980).
---------------------------------------------------------------------------

    In 1980, the FAA updated the part 135 operating experience
requirements again, explaining that fatal accidents continued to occur
even after the FAA's 1978 amendments.\285\ Pilot training and testing
requirements were further refined in 1995 to ensure the training,
testing, and currency requirements met the expectations of safety for
commercial operations.\286\ To effectuate this goal, the FAA's 1995
rulemaking amended the training and checking requirements under part
135 to align with the more rigorous and comprehensive part 121
standards.\287\
---------------------------------------------------------------------------

    \285\ Id. (citing 13 fatal accidents in commuter air carrier
operations during 1979).
    \286\ Commuter Operations and General Certification and
Operations Requirements, 60 FR 65940, 65941 (Dec. 20, 1995).
    \287\ Id.
---------------------------------------------------------------------------

    The FAA's prior amendments to part 135, and its continued efforts
to enhance the level of safety required to operate under that part,
inform its present proposals. In proposing the SFAR requirements and
permanent amendments to accommodate the entry of powered-lift into
operations under part 135, the FAA maintains its longstanding
commitment to ensuring safety and mitigating the risk of commuter and
on-demand accidents and incidents. In this regard, the FAA's SFAR and
permanent proposals for crewmember training and qualification programs
under part 135 are intended to provide an equivalent level of training,
checking, and testing for powered-lift operations as those imposed for
airplanes and helicopters.
3. Section 135.3--Rules Applicable to Operations Subject to This Part
    Section 135.3 prescribes the rules that apply to persons conducting
operations under part 135. Specifically, Sec.  135.3(b) is specific to
commuter operations \288\ under part 135 and requires certificate
holders conducting such operations with airplanes for which two pilots
are required by the aircraft type certification to comply with the
training and qualification requirements in subparts N and O of part 121
instead of the training and qualification requirements for part 135.
When Sec.  135.3(b) was proposed in 1994, the FAA sought to reduce
accidents and incidents related to human performance in commuter
operations.\289\ To facilitate more comprehensive training requirements
and alleviate the prevalence of human error, the FAA's 1995 final rule
imposed the subpart N and O training requirements that are reflected in
the current regulation.\290\
---------------------------------------------------------------------------

    \288\ Under part 110, ``commuter operation'' is defined as any
scheduled operation conducted by any person operating one of the
following types of aircraft with a frequency of operations of at
least five round trips per week on at least one route between two or
more points according to the published flight schedules: airplanes,
other than turbojet-powered airplanes, having a maximum passenger-
seat configuration of 9 seats or less, excluding each crewmember
seat, and a maximum payload capacity of 7,500 pounds or less; or
rotorcraft. The FAA has proposed in a related rulemaking to revise
this definition to include powered-lift, other than turbojet-powered
powered-lift, that have a maximum passenger-seat configuration of 9
seats or less, excluding each crewmember seat, and a maximum payload
capacity of 7,500 pounds or less. 87 FR 74995 (Dec. 7, 2022). The
FAA's current proposal corresponds to the regulations proposed in
the Update to Air Carrier Definitions NPRM enabling powered-lift
operations in part 135. Consistent with the Administrative Procedure
Act, the FAA will consider all significant comments received in
response to the Update to Air Carrier Definitions NPRM and adjust
both proposals as necessary based on public comment.
    \289\ Air Carrier and Commercial Operator Training Programs, 59
FR 64272 (Dec. 13, 1994).
    \290\ On December 20, 1995, the FAA published two final rules
both addressing operations under parts 121 and 135. One rule
established new part 119 and required certain commuter operations
that had been conducted under part 135 (i.e., scheduled passenger-
carrying operations in airplanes that have passenger-seating
configurations of 10 to 30 seats) to be conducted under part 121.
See 60 FR 65832 (Dec. 20, 1995). The second rule required operators
that conduct commuter operations with airplanes for which two pilots
are required by aircraft type certification rules to train and
qualify their pilots using the requirements in subparts N and O of
part 121 rather than the training and qualification requirements in
part 135. See 60 FR 65940 (Dec. 20, 1995).

---------------------------------------------------------------------------

    In comparing the two training regimes, the FAA noted that, compared
to part 121 training regulations, part 135 training rules do not
provide a balanced mix of training and checking because part 135 allows
the repeated substitution of flight checks in lieu of training. The FAA
further stated that part 121 training and qualification regulations
require both recurrent training and flight checks. Subsequently, the
FAA explained that the more comprehensive training and checking
paradigm imposed under part 121 for these part 135 commuter operations,
instead of the requirements maintained in subparts E, G, and H of part
135, was necessary to enhance public and passenger safety.\291\
---------------------------------------------------------------------------

    \291\ Air Carrier and Commercial Operator Training Programs, 59
FR 64272, 64272-73 (Dec. 13, 1994).
---------------------------------------------------------------------------

    The FAA finds that the same safety standard imposed in Sec.
135.3(b) for commuter operations involving airplanes for which two
pilots are required by type certification should apply to powered-lift
requiring two pilots by type certification. Notably, however, subparts
N and O of part 121 are multiengine airplane specific, and, at this
time, the FAA is not amending part 121 to accommodate powered-lift
operations. In the absence of amending subparts N and O to accommodate
powered-lift-specific training and checking, appendices E (Flight
Training Requirements) and F (Proficiency Check Requirements) to part
121 would mandate that a powered-lift flightcrew perform some airplane-
specific tasks that are incongruent with powered-lift operational
capabilities.\292\
---------------------------------------------------------------------------

    \292\ In accordance with Sec.  121.424 of subpart N, flight
training must include at least the maneuvers and procedures
specified in appendix E to part 121. In accordance with Sec.
121.441 of subpart O, proficiency checks must include at least the
maneuvers and procedures specified in appendix F to part 121.
---------------------------------------------------------------------------

    For example, under appendix E to part 121, powered-lift PICs would
be required to complete flight training on zero-flap landings. However,
some powered-lift coming to market may not be designed with flaps and,
therefore, PICs operating these powered-lift could not complete the
training required under subpart N. Moreover, powered-lift may be
capable of performing additional tasks, such as running or roll-on
landings, not contemplated in appendices E and F to part 121. Thus, if
subparts N and O were applied to powered-lift as written, PICs could be
insufficiently trained and checked on some maneuvers that powered-lift
possess the operational capability to conduct.
    For each of these reasons, instead of applying training and
qualification rules focused on multiengine airplanes to powered-lift,
the FAA is proposing Sec.  194.247(b) to create an alternative means of
compliance with Sec.  135.3(b) for certificate holders conducting
commuter operations under part 135 with powered-lift requiring two
pilots by type certification. For these operations, the FAA proposes
that certificate holders comply with subpart Y of part 121, the
Advanced Qualification Program (AQP). This proposal will enable a
pathway for these commuter operations in powered-lift to meet a higher
level of safety than meeting the training and qualification
requirements in subparts G and H of part 135 without imposing the inapt
multiengine airplane requirements of subparts N and O on powered-lift
commuter operators in part 135.
    The proposal for powered-lift pilots to comply with the AQP
requirements accords with the FAA's intent when codifying the original
rule requiring certificate holders operating airplanes requiring two
pilots by type certification in part 135 commuter operations to comply
with subparts N and O of part 121. Principally, the 1995 final rule
mandated that certain part 135 commuter operators comply with subparts
N and O of part 121 because the part 135 training requirements imposed
a lesser standard, allowing flight checks to be substituted for
required training.\293\ The FAA finds that, in lieu of modifying
subparts N and O of part 121 to accommodate the integration of certain
powered-lift commuter operations, AQP can be utilized to ensure a
similarly rigorous safety standard for training and checking is
maintained.
---------------------------------------------------------------------------

    \293\ See Commuter Operations and General Certification and
Operations Requirements, 60 FR 65832, 65940 (Dec. 20, 1995).
---------------------------------------------------------------------------

    For example, AQP employs scenario-based training and evaluations
and integration of safety program data to maintain the most effective
training for each certificate holder. Unlike traditional aviation
training, AQP uses data-informed and data-driven improvement. It
encourages innovation in the methods and technology that are used
during instruction and evaluation. AQP allows for customized training
to the certificate holder's unique demographic and flight operation
while integrating crew resource management and evaluating both the
individual and crew's performance. In addition, AQP provides a trained-
to-proficiency model that uses planned hours, similar to the rigorous
training and checking paradigm imposed under subparts N and O of part
121.
    While the requirements delineated in the AQP are not identical to
the checking and training standards imposed in subparts N and O of part
121, the use of an AQP will exceed the part 135 commuter training and
checking standards that would otherwise apply. As a result, the FAA
proposes the use of AQP to promote a higher safety standard than that
imposed under part 135, to more closely align with the training and
checking required under subparts N and O of part 121. The FAA notes
that the proposal to utilize an AQP is temporary. As additional
information becomes available on the training and checking necessary to
effectuate safety for certain part 135 commuter powered-lift
operations, the FAA will revise this standard as appropriate. In short,
the FAA proposes the AQP requirement to elevate the existing part 135
training and checking standards, while recognizing its use as a
temporary measure until additional information is available to
facilitate a permanent solution tailored to the most appropriate
training and checking for pilots in commuter operations involving
powered-lift for which two pilots are required by type certification.
    In addition, the 1995 final rule that imposed this requirement for
airplanes emphasized the ``greater flexibility'' afforded by part 121
and the ``more effective mix of training and checking activities''
available.\294\ Like subparts N and O, the AQP framework increases
flexibility in training, including the approval of alternative methods
for training, certifying, and ensuring the competency of crewmembers
and other personnel.\295\ The FAA reasons that the AQP--a program
designed to accommodate innovative and advancing technology \296\--
provides an appropriate alternative pathway to ensure quality training
and checking of powered-lift pilots while they are currently unable to
follow subparts N and O in part 121 as prescribed for airplanes in
Sec.  135.3(b).
---------------------------------------------------------------------------

    \294\ Commuter Operations and General Certification and
Operations Requirements, 60 FR 65832, 65940-41 (Dec. 20, 1995).
    \295\ See 14 CFR 121.901(a).
    \296\ Advanced Qualification Program, 70 FR 54809, 54810 (Sep.
16, 2005).
---------------------------------------------------------------------------

    For each practical test requirement of part 61 or regulatory
requirement of part 121 or 135 that is replaced by an AQP, subpart Y
requires that the certificate holder detail how the AQP curriculum
provides an equivalent level of safety to the part 135 training and
qualification requirements.\297\ AQP uses performance

data to continually improve the training and qualification program. All
approvals are conducted jointly between the certificate management
office and the Air Transportation Division with input from all the
members of the extended review team (ERT). The ERT includes subject
matter experts that are not frequently available to assist Principal
Operations Inspectors on training program approvals and revisions. For
each of these reasons, the FAA finds that it can ensure adequate
oversight and safety for operators in which an AQP is required for
powered-lift and maintain a similar level of safety while accommodating
the emerging technology and operational uniqueness of powered-lift.
---------------------------------------------------------------------------

    \297\ 14 CFR 121.909(b).
---------------------------------------------------------------------------

    In addition to proposing that powered-lift commuter operations with
two pilots required by type certification comply with AQP in subpart Y
of part 121, the FAA also proposes in Sec.  194.247(b)(2) that these
PICs receive training, instruction and facilitated discussion on
leadership and command and mentoring as part of their initial,
recurrent, and upgrade ground training, similar to the initial,
recurrent, and upgrade ground training requirements that govern
airplane commuter operations. Proposed Sec.  194.247(b)(2)(ii) requires
that mentoring training include techniques for instilling and
reinforcing the highest standards of technical performance, airmanship,
and professionalism in newly hired pilots. This leadership and command
and mentoring training would be required in recurrent ground training
for PICs every 36 calendar months. Additionally, proposed Sec.
194.247(b)(4) includes requirements for initial and upgrade flight
training for PICs to contain sufficient scenario-based training
incorporating crew resource management and leadership and command
skills, to ensure the pilot's proficiency as PIC. The FAA includes
these additional training requirements to equate the training received
by powered-lift pilots under subpart Y of part 121 to that required for
PICs in airplane commuter operations in which two pilots are required
by type certification.\298\
---------------------------------------------------------------------------

    \298\ As previously described, pilots serving in airplane
commuter operations in which two pilots are required by type
certification must be trained in accordance with subpart N of part
121. Leadership and command and mentoring training is required by
subpart N of part 121 during PIC initial, upgrade, and recurrent
training. See 14 CFR 121.420, 121.426, and 121.427.
---------------------------------------------------------------------------

    The FAA reasons that the use of an AQP, coupled with the additional
proposed requirements in the SFAR, will provide powered-lift pilots
with the knowledge and skills that are required for a similar level of
safety. In short, the FAA seeks to balance the unique training,
checking, and operational characteristics associated with powered-lift
while maintaining similar training and checking requirements as that
provided in subparts N and O of part 121. The FAA proposes to
effectuate this intent through the AQP in subpart Y of part 121,
enabling a flexible and customizable training option for pilots of
powered-lift in which two pilots are required by type
certification.\299\ Additional information on the safety benefits and
suggested compliance mechanisms for the AQP are available in the FAA's
AQP Advisory Circular No. 120-54A.
---------------------------------------------------------------------------

    \299\ The training requirements in subparts E, G, and H of part
135 will apply to pilots of powered-lift in which one pilot is
required by type certification.
---------------------------------------------------------------------------

4. Section 135.4--Applicability of Rules for Eligible On-Demand
Operations
    Section 135.4 prescribes two-pilot flight crew experience and
pairing requirements for eligible on-demand operations conducted under
part 135. As currently written, Sec.  135.4 applies to powered-lift,
with the exception of Sec.  135.4(a)(3), which specifies its
applicability to fixed-wing aircraft. Section 135.4(a)(3) prescribes
the operating limitations for an SIC of fixed-wing aircraft that has
fewer than 100 hours of flight time as SIC in the aircraft make and
model, and if a type rating is required, in the type aircraft being
flown. If the SIC does not have the requisite flight time and the PIC
is not an appropriately qualified check pilot, the PIC is required to
make all takeoffs and landings in the situations that are detailed in
paragraphs (a)(3)(i) and (ii). The FAA requires the PIC to make all
takeoffs and landings in the situations listed in paragraphs (a)(3)(i)
and (ii) because safety could be compromised if flown by a lesser-
experienced SIC.\335\
    Powered-lift have the potential for increased complexity of
operation over fixed-wing aircraft during the approach and landing
phases of flight, and this can especially hold true during the
situations that are listed in paragraphs (a)(3)(i) and (ii). To ensure
that safety is not compromised during the approach and landing phases
of flight, a certain amount of familiarity with an aircraft is
required. The FAA maintains that the familiarity required for SICs
should not be reduced for powered-lift as compared to fixed-wing
aircraft. The crew pairing and operational limitations required by this
section are designed to ensure the flightcrew possess the necessary
familiarity and experience to safely operate in less-than-ideal
conditions or when using the provisions of Sec.  135.385(f). Therefore,
to ensure the highest level of safety for powered-lift, the FAA is
proposing in Sec.  194.309 that current Sec.  135.4(a)(3) would apply
to powered-lift under the SFAR.
5. Section 135.243--Pilot in Command Qualifications
    Section 135.243 prescribes qualifications for pilots serving as PIC
in certain passenger-carrying part 135 operations,\300\ passenger and
cargo flights under VFR,\301\ and passenger and cargo flights under
IFR,\302\ which include minimum certificates, ratings, and hours of
pilot time, cross-country time, night flight time, and, if applicable,
actual or simulated instrument time. A portion of the PIC requirements
in Sec.  135.243 apply to all aircraft.\303\ Therefore, these minimum
requirements that apply to PICs of all aircraft in part 135 will also
apply to PICs of powered-lift in part 135 when powered-lift operations
under part 135 are enabled.
---------------------------------------------------------------------------

    \300\ 14 CFR 135.243(a).
    \301\ 14 CFR 135.243(b). See also 14 CFR 135.243(d), which
provides that Sec.  135.243(b)(3) does not apply in certain
conditions provided in Sec.  135.243(d)(1) through (7).
    \302\ 14 CFR 135.243(c).
    \303\ 14 CFR 135.243(b)(1) and (2) and (c)(1) and (2).
---------------------------------------------------------------------------

i. Section 135.243(a)
    Section 135.243(a) prescribes the general requirements for a person
to serve as PIC in certain passenger-carrying operations. Specifically,
to serve as PIC in a passenger-carrying operation of (1) a turbojet
airplane, (2) an airplane with a passenger-seat configuration of 10
seats or more, or (3) a multiengine airplane in a commuter operation,
Sec.  135.243(a)(1) requires a person to hold an ATP certificate with
appropriate category and class ratings and, if required, an appropriate
type rating for that airplane.\304\ Similarly, Sec.  135.243(a)(2)
requires a person to hold an ATP certificate, appropriate type ratings,
and an instrument rating to serve as PIC in passenger-carrying
operations for helicopters in scheduled interstate air transportation
within the 48 contiguous states.
---------------------------------------------------------------------------

    \304\ By definition, a commuter operation is a passenger-
carrying operation. See 14 CFR 110.2 (defining scheduled operation
and commuter operation).
---------------------------------------------------------------------------

    The FAA first proposed that certain operations under part 135
should require an ATP certificate in 1977.\305\ In

that NPRM, the requirement to hold an ATP certificate to act as PIC in
some part 135 operations was based in part on operational complexity
and the number of persons carried. The FAA reasoned that the ATP
certificate would provide a level of safety more comparable to that
provided by part 121. In the 1978 final rule, the FAA concluded that
there would be increased safety benefits by requiring PICs of the more
complex, passenger-carrying operations under part 135 to hold an ATP
certificate.\306\
---------------------------------------------------------------------------

    \305\ Part 135 Regulatory Review Program; Air Taxi Operators and
Commercial Operators, 42 FR 43490, 43491 (Aug. 29, 1977).
    \306\ Regulatory Review Program; Air Taxi Operators and
Commercial Operators, 43 FR 46742, 46772 (Oct. 10, 1978).
---------------------------------------------------------------------------

    Currently, Sec.  135.243(a) applies only to airplane and helicopter
operations. This paragraph does not prescribe higher certificate
requirements for PICs in certain passenger-carrying powered-lift
operations because powered-lift cannot yet operate in part 135.
Consequently, under the current regulatory framework of Sec.  135.243,
the requirements to serve as PIC of a powered-lift in certain
passenger-carrying operations would be determined under paragraphs (b)
and (c) based on whether the operation is conducted under VFR or IFR.
Under those provisions, a PIC of a powered-lift would be required to
hold only a commercial pilot certificate with a powered-lift category
rating (and a type rating, if applicable).\307\ Without a regulatory
change, there would be less stringent PIC requirements for powered-lift
in more complex, passenger-carrying operations than those required to
serve as PIC of an airplane or helicopter.
---------------------------------------------------------------------------

    \307\ Currently, Sec.  135.243 does not prescribe an instrument
rating requirement for powered-lift PICs. Instead, Sec.  135.243(b)
requires an instrument rating for PICs of airplanes and helicopters
conducting VFR operations. However, Sec.  61.3(e) requires a PIC
operating in IFR to hold an instrument rating, including the PIC of
a powered-lift.
---------------------------------------------------------------------------

    To accord the qualification requirements for PICs in powered-lift
with those imposed for airplanes and helicopters, the FAA proposes to
permanently add paragraph (a)(3) to Sec.  135.243. This paragraph
proposes to require the PIC of a powered-lift to hold an ATP
certificate with a powered-lift category rating and an appropriate type
rating not limited to VFR for that powered-lift, when serving as PIC
in: (1) on-demand passenger-carrying turbojet-powered powered-lift
operations; (2) on-demand operations in a powered-lift having a
passenger seating configuration, excluding crewmember seats, of ten or
more; and (3) powered-lift commuter operations other than turbojet-
powered powered-lift (hereinafter collectively referred to as ``certain
part 135 commuter and on-demand powered-lift operations'').
    In support of the proposed ATP certificate requirement, the FAA
proffers four reasons. First, as described in the recently published
Update to Air Carrier Definitions NPRM, turbojet-powered powered-lift
may be used in transoceanic, long range and international operations,
similar to turbojet-powered airplanes. For this reason, the Update to
Air Carrier Definitions NPRM proposes that the same part 121 provisions
that apply to scheduled turbojet-powered airplanes should apply to
scheduled turbojet-powered powered-lift to ensure consistency in
applying the appropriate risk mitigation measures for operations of
turbojet-powered aircraft.\308\ To maintain consistency of risk
mitigations, the FAA proposes that PICs of on-demand passenger-carrying
turbojet-powered powered-lift operations must hold an ATP certificate
consistent with the requirement for PICs of on-demand passenger-
carrying turbojet airplane operations. At present, the FAA does not
anticipate the integration of turbojet-powered powered-lift into the
civilian market.
---------------------------------------------------------------------------

    \308\ Update to Air Carrier Definitions, NPRM, 87 FR 74995 (Dec.
7, 2022).
---------------------------------------------------------------------------

    Second, the FAA's proposed requirement for powered-lift PICs to
hold an ATP certificate and type rating for on-demand operations
involving ten or more passenger seats aligns with the rationale for
prescribing this requirement for airplane PICs. When codifying this
requirement for airplanes, the FAA sought to accommodate additional
operational factors that were not initially contemplated for airplane
design.\309\ The FAA reasoned that airplane operations with 10 or more
passenger seats were operating near or over maximum certificated
takeoff weight (MCTW) of 12,500 pounds, and that additional
airworthiness requirements in part 23 would need to ensure the
airworthiness equivalent to aircraft with a type certification of
12,500 pounds. Changes in part 23 differentiated small aircraft to
those limited to 9 seats or less, and larger aircraft as those with at
least 10 seats or weighing over 12,500 pounds. Similar to type-
certificated aircraft that were over 12,500 pounds, the airplanes that
had 10 seats or more were larger, flew for a longer duration of time,
carried more people, had MCTW at or over 12,500 pounds, required more
robust pilot training and certification, and had to comply with more
stringent airworthiness requirements.
---------------------------------------------------------------------------

    \309\ Airworthiness Standards: Reciprocating and Turbopropeller
Powered Multiengine Airplanes, 43 FR 46742, 46734 (Oct. 10, 1978).
---------------------------------------------------------------------------

    The rationale in support of these requirements for PICs of
airplanes involving ten or more passenger seats applies equally to
powered-lift. The FAA expects that on-demand operations involving
powered-lift with ten or more passenger seats will also involve larger
aircraft that fly for a longer duration of time and have the capacity
to carry more people. Thus, the FAA proposes that PICs in on-demand
operations piloting powered-lift that possess ten or more passenger
seats meet similar certification requirements as those imposed for
airplane PICs in these operations.
    Third, powered-lift will share many operational similarities as
multiengine airplanes and, therefore, a similar certification and type-
rating requirement is necessary to ensure safety in powered-lift
commuter operations. For example, like powered-lift, multiengine
airplanes have more complicated and complex operating systems,
additional gauges and differing cockpit setups, more advanced
aerodynamics, operate at a faster speed and higher altitudes, and
require more pilot training to handle normal operations and emergency
situations.
    When the FAA codified the certification requirements for
multiengine airplanes under Sec.  135.243(a)(1), it explained that
these credentials were necessary because the requirement hinged on the
complexity of aircraft that were currently operating under part 135 and
their respective passenger-carrying capability.\310\ Like the
requirements imposed for multiengine airplanes, increased safety
benefits will be provided by requiring PICs of more complex operations
under part 135 to hold an ATP certificate. In part, powered-lift PICs
will also be expected to have more robust knowledge and training to
operate in complex environments to ensure the greatest level of safety.
---------------------------------------------------------------------------

    \310\ Regulatory Review Program; Air Taxi Operators and
Commercial Operators, 43 FR 46742, 46783 (Oct. 10, 1978).
---------------------------------------------------------------------------

    Fourth, and relatedly, the operational environment that powered-
lift PICs must navigate for commuter operations necessitates that all
pilots possess a background of training and experience that allows them
to adapt to complex environments when encountering varying operating
conditions. Specifically, part 135 commuter powered-lift operations
will often be conducted under IFR in high-traffic areas with greater
frequency involving complex aircraft, requiring precision handling and
skilled maneuvers to navigate these complex and challenging

operational environments. The ATP certificate requirement ensures that
powered-lift PICs obtain knowledge of the skills, aptitudes,
airmanship, and suitability through additional aeronautical experience,
to effectively serve as PIC in these environments while also meeting
the public interest and safety expectations. These certificate
requirements ensure that powered-lift PICs accumulate additional flight
time to develop the expertise necessary to maintain the higher level of
safety required to operate under part 135 commuter powered-lift
operations. The circumstances in which a powered-lift PIC must possess
an ATP certificate and type rating not limited to VFR are similar to
those imposed for airplane pilots.
    Next, in addition to holding an ATP certificate, proposed Sec.
135.243(a)(3) also requires that powered-lift PICs hold a type rating
for the powered-lift flown, not limited to VFR. Under the VFR-only type
rating proposal discussed in section V.H of this preamble, pilots can
opt to take their instrument rating practical test within two calendar
months from the month in which they passed the type rating practical
test in a powered-lift. Despite this testing flexibility, the FAA is
proposing not to allow a PIC with a powered-lift VFR-only type rating
to serve in part 135 operations including those operations in Sec.
135.243(a). As explained further in the subsequent section, the skills
and experience required for an instrument rating are necessary to
ensure safety in part 135 operations. The instrument rating ensures
that PICs of powered-lift possess the proper training, experience hours
in simulated and actual instrument conditions, and operational
knowledge to safely conduct flight in operating environments where
pilot error can be immediately critical, such as in inadvertent
instrument conditions or areas of lower visibility.
    In proposing this requirement, the FAA also notes its corresponding
proposed permanent amendment to Sec.  61.31(a), requiring the PIC in
powered-lift operations to hold a type rating. Because the FAA proposes
a permanent amendment to codify the type-rating requirement for
powered-lift pilots under part 61, the FAA also proposes that its
amendment to Sec.  135.243(a) be permanent, rather than temporary. To
promote consistency between the requirements for certain airplane,
helicopter, and powered-lift PICs, and congruency between the
requirements of parts 61 and 135, the FAA proposes to permanently add
Sec.  135.243(a)(3) to codify the type-rating requirement for PICs of
powered-lift during certain part 135 commuter and on-demand powered-
lift operations.
    As the FAA collects additional data and information throughout the
SFAR period, it may further evaluate the requirements currently
proposed. For example, the FAA expects to gather data regarding the
industry standardization of powered-lift cockpit setup and a more
robust understanding of powered-lift operational capabilities. When
this information becomes available, the FAA may propose subsequent
amendments to modify the certification standards for powered-lift PICs
under proposed Sec.  135.243(a)(3).
    The FAA also notes that, with powered-lift newly entering the
civilian market, PICs may be unable to initially meet the flight time
and experience requirements for an ATP certificate.\311\ In turn,
powered-lift PICs may not immediately possess the credentials necessary
to participate in certain part 135 commuter operations and on-demand
powered-lift operations. If a powered-lift PIC does not satisfy the ATP
certificate requirements, they would be limited to conducting part 135
on-demand operations with non-turbojet-powered powered-lift containing
less than 10 passenger seats, until the ATP certificate requirements
are satisfied.
---------------------------------------------------------------------------

    \311\ As noted in section V.F of this preamble, the FAA
anticipates that pilots will not initially be able to meet the 250
hours in a powered-lift as a PIC, or as a SIC performing the duties
of a PIC under the supervision of a PIC, or any combination thereof.
---------------------------------------------------------------------------

    As PICs gain flight time in on-demand operations, they can obtain
the experience necessary to satisfy the ATP certificate requirements.
At most, the FAA expects that powered-lift PICs will gain the necessary
flight time and experience to qualify for an ATP certificate within a
few months,\312\ causing a minimal delay to integration of powered-lift
into the full part 135 commuter and on-demand framework. This marginal
delay in enabling full part 135 operations is necessary to ensure
pilots conducting certain complex, passenger-carrying operations
possess the appropriate experience to safely serve in this capacity.
---------------------------------------------------------------------------

    \312\ In reaching this conclusion, the FAA reasons that, if all
other aeronautical experience and regulatory requirements are met,
it would take an additional 200 hours of flight time as PIC in a
powered-lift to qualify for an ATP certificate. The FAA estimates
that pilots may fly, on average, 50 hours a month. In estimating 50
hours a month, it would take approximately four months to satisfy
the powered-lift specific flight time requirement for an ATP
certificate.
---------------------------------------------------------------------------

    Lastly, the FAA notes that, in 2011, the FAA transferred the
definitions contained in Sec.  119.3 to a new part 110.\313\ However,
the FAA did not revise the corresponding references in Sec.
135.243(a)(1) or Sec.  135.244(a) at that time. These sections both
reference part 119 for the definition of ``commuter operation.''
Therefore, the FAA proposes a permanent change to replace the reference
to ``part 119'' with ``part 110'' in Sec. Sec.  135.243(a)(1) and
135.244(a).
---------------------------------------------------------------------------

    \313\ Operations Specifications, 76 FR 7482, 7483 (Feb. 10,
2011).
---------------------------------------------------------------------------

ii. Section 135.243(b) and (c)
    Section 135.243(b) and (c) establish the minimum pilot certificate,
ratings, and flight time that a PIC must have when conducting part 135
VFR operations and part 135 IFR operations, respectively, except as
specified in Sec.  135.243(a). Specifically, to serve as PIC of an
aircraft under VFR or IFR, a person must have at least a commercial
pilot certificate with appropriate category and class ratings and, if
required, an appropriate type rating for that aircraft under Sec.
135.243(b)(1) and (c)(1). Paragraphs (b)(2) and (c)(2) prescribe the
minimum flight hour requirements for serving as a PIC under VFR and
IFR. The experience, certificate, ratings, and flight time requirements
delineated in Sec.  135.243(b)(1) and (2) and (c)(1) and (2) apply
generally to pilots of an aircraft conducting operations under VFR and
IFR. Therefore, these requirements will apply to PICs of powered-lift
in part 135, and the FAA proposes only minor edits to paragraphs (b)(1)
and (c)(1) to include reference to a powered-lift-specific type rating
not limited to VFR.
    Section 135.243, paragraphs (b)(3) and (4) and (c)(3) and (4),
however, prescribe airplane- and helicopter-specific requirements for
instrument ratings. The regulation does not include corresponding
requirements detailing when powered-lift PICs must hold an instrument
rating or ATP certificate when conducting VFR or IFR operations.\314\
As a result, the FAA proposes to add new paragraphs (b)(5) and (c)(5)
to impose parallel permanent requirements for powered-lift operations
under VFR and IFR. Proposed paragraph (b)(5) would require the PIC of a
part 135 VFR operation in a powered-lift to hold an instrument-powered-
lift rating or an ATP certificate for the powered-lift category.
Proposed paragraph (c)(5) would require the PIC of a part 135 IFR
operation in a powered-lift to hold an

instrument-powered-lift rating or an ATP certificate with a powered-
lift category. The FAA proposes these paragraphs to codify a regulatory
framework that promotes consistency among airplane, helicopter, and
powered-lift requirements, while simultaneously crafting rules that are
specifically tailored to the unique operating characteristics of each
category of aircraft.
---------------------------------------------------------------------------

    \314\ As discussed in section V.J of this preamble, a person
must hold an instrument rating to apply for an ATP certificate. As
such, an ATP certificate itself is evidence of an instrument rating.
Therefore, a pilot may hold an instrument rating on a commercial
pilot certificate or an ATP certificate as both convey instrument
privileges.
---------------------------------------------------------------------------

    The proposed addition of paragraph (c)(5) requires similar PIC
credentials to serve in IFR operations as that imposed for PICs
piloting airplanes and helicopters. For IFR operations, Sec.  61.3(e)
mandates that a PIC operating in IFR hold an instrument rating. By
contrast, proposed paragraph (b)(5), which governs VFR operations,
would mirror the requirements currently maintained for PICs serving in
VFR airplane operations in part 135 rather than the requirement for VFR
helicopter operations.
    The FAA finds that an instrument rating is necessary in VFR
powered-lift operations to ensure the pilot has the necessary skills in
the event of an emergency situation involving an inadvertent encounter
with IMC. The FAA requires an instrument rating for part 135 VFR
airplane operations \315\ because, if an airplane encounters
inadvertent IMC, the pilot must have the necessary skills to maintain
safe control of the airplane, coordinate with ATC, and maneuver the
airplane to an emergency instrument approach and landing at an airport.
---------------------------------------------------------------------------

    \315\ Section 135.243(d) provides a limited exception allowing a
PIC to conduct part 135 VFR single engine-reciprocating-powered
airplane operations in an isolated area as determined by the
Administrator if the operation meets the specified requirements and
is approved in the certificate holder's operations specifications.
The FAA approves these operations in operations specification A020,
Airplane Operations Without Instrument Rated Pilots. As of October
2022, there are four part 135 operators, with a total of nine
airplanes and seven pilots, with approved operations specification
A020. Three of these part 135 operators conduct operations in
isolated areas of Alaska and the fourth conducts operations in an
isolated area of Maine.
---------------------------------------------------------------------------

    Conversely, the greater maneuverability and special flight
characteristics of a helicopter provides a helicopter pilot with more
options for corrective actions and permits a helicopter pilot to make
those corrective actions in less time and distance than required for
most airplanes. Additionally, the characteristics of a helicopter
provide significantly more emergency landing options, enabling a
helicopter pilot to make an emergency landing at locations other than
an airport or heliport. Therefore, a helicopter pilot has more options
available in the event of an emergency situation with inadvertent IMC.
These qualities allow a helicopter pilot to operate under VFR in part
135 without an instrument rating at lower visibility and cloud
clearance distances, while maintaining the same degree of safety as
airplanes flying under more restrictive minima.
    The FAA anticipates that, other than necessary for takeoff and
landing, many powered-lift will prefer to utilize lift provided by the
wing for as long as practical in order to gain efficiencies in fuel
consumption, speed, and range. Since powered-lift will likely operate
similar to an airplane in cruise flight, in the event of inadvertent
IMC, the powered-lift pilot will require more time and distance to
escape the IMC and complete an emergency approach and landing compared
to a helicopter. Additionally, unlike other aircraft categories, most
powered-lift may have to transition from flight on the wing to flight
on the rotors or other thrust devices to conduct approach and landing
operations. The FAA expects the transition of a powered-lift from
forward flight to vertical flight would not be instantaneous, requiring
additional time, distance, and altitude that is unique from other
categories of aircraft. Therefore, requiring powered-lift pilots to
have an instrument rating during VFR operations similar to the airplane
requirements ensures that PICs of powered-lift possess the proper
skills to safely conduct flight in the event of an inadvertent
encounter with IMC, where pilot error can be immediately critical.
    As an alternative to satisfying the instrument rating requirement
in proposed paragraphs (b)(5) and (c)(5), the FAA proposes that the PIC
may hold an ATP certificate with a powered-lift category rating. The
requirement to hold an ATP certificate is consistent with Sec.
61.3(e). Thus, the intent to ensure PICs possess knowledge and
familiarity of instrument controls and conditions is similarly
effectuated by alternatively requiring an ATP certificate, in lieu of
an instrument rating.
    The FAA acknowledges that there may be future aircraft designs such
that the skill, knowledge, and experience that the instrument rating
for VFR operations otherwise brings will no longer be necessary. In
addition, the environment where some powered-lift operations occur may
be isolated, proving that the instrument rating for VFR operations may
be unnecessary to maintain safety. However, until further data is
collected through operational use and experience of powered-lift, the
FAA proposes to maintain the instrument rating or ATP requirement for
powered-lift PICs operating under VFR, to accord the regulation with
the requirements imposed for airplanes.
6. Section 135.244--Operating Experience
    Section 135.244 requires a person to complete operating experience
in the make and model of aircraft they will fly before serving as PIC
in commuter operations. This section, through use of the term
``aircraft,'' applies to powered-lift.\316\ However, in prescribing the
minimum hours of operating experience required, Sec.  135.244(a) only
contemplates single engine aircraft; multiengine, reciprocating engine-
powered aircraft; multiengine, turbine-engine powered aircraft; and
turbojet-powered airplanes. When this section was added to the
regulatory framework in 1980, the FAA did not forecast the use of
powered-lift in commuter operations.\317\
---------------------------------------------------------------------------

    \316\ Update to Air Carrier Definitions, 87 FR 74995 (Dec. 7,
2012).
    \317\ See Air Taxi Operators and Commercial Operators; Commuter
Pilot in Command Operating Experience Requirements, 45 FR 7540, 7541
(Feb. 4, 1980).
---------------------------------------------------------------------------

    In the 1980 final rule promulgating this section, the FAA crafted
differing minimum hour requirements for these varying types of aircraft
because of the ranging complexities associated with their operation.
For example, the FAA reasoned that single-engine aircraft are generally
simple aircraft with less complex operational dynamics. As a result,
PICs of these aircraft comply with lesser operating experience
requirements than that required for operating the other, more complex,
aircraft enumerated in this section. The FAA distinguished the
complexity of operating systems based on the aircraft's engine and
propulsion characteristics, prescribing correspondingly greater
operating experience requirements for increasingly complex aircraft.
Complexity, in this regard, was informed by the aircraft's engine and
propulsion system.
    At present, the FAA expects powered-lift to vary widely in their
expected engine makeup and propulsion designs. Some powered-lift
entering the market, for example, are expected to use electric engines.
Others are expected to use multiengine turbine-engine powered
propulsion. And, conversely, some powered-lift may utilize unique
propulsion systems that involve distinct features and intricacies,
unlike those typically utilized in currently available commuter
aircraft altogether. In the absence of uniform propulsion systems and
engine characteristics for powered-lift expected to enter the market,
the

FAA cannot prescribe the operating experience requirements for powered-
lift based on the characteristics in Sec.  135.244(a)(1) through (4).
    Instead, the FAA proposes to prescribe the operating experience
requirements based on the different handling characteristics necessary
to pilot powered-lift and the associated complexity anticipated for
operating these aircraft in the NAS. In support, the FAA anticipates
the operation of powered-lift will require complex flight and handling
qualities, including inceptors and the use of indirect flight controls.
Powered-lift may also have different configurations, including tilt-
wing, tilt-propeller, lift plus cruise, and tilt plus cruise designs.
These unique configurations and inceptors, and potentially diversified
flight controls and operating characteristics, inform the FAA's
proposal to render these aircraft more akin to multiengine turbine-
engine powered airplanes on the complexity scale, rather than their
single-engine counterparts.\318\
---------------------------------------------------------------------------

    \318\ As discussed in section VI.A of this preamble, the FAA
does not anticipate single-engine powered-lift to be developed
during the term of this SFAR.
---------------------------------------------------------------------------

    For these reasons, the FAA proposes in Sec.  194.247(c) to include
a 20-hour operating experience requirement to serve as PIC in any
powered-lift. To facilitate this operating experience requirement, the
FAA proposes to except powered-lift from the current operating
experience requirements delineated in Sec.  135.244(a)(1) through (4).
As noted above, these specific operating experience requirements do not
adequately capture or control the expected complexity of powered-lift,
as determined by the varying propulsion systems and engine
characteristics.
    Nevertheless, the FAA recognizes that, at this time, it is unknown
what engine or propulsion system will apply to the majority of powered-
lift that integrate the market. As a result, the FAA proposes to
mandate the operating experience hour requirements for powered-lift
PICs in the SFAR, rather than a permanent rule change. As additional
information becomes available, the FAA may modify the 20-hour operating
experience requirement to more precisely scale the operating experience
to the complexity associated with operating a powered-lift.
7. Section 135.245--Second in Command Qualifications
    Section 135.245 prescribes the SIC qualifications for a pilot in
part 135, which includes instrument currency requirements for flights
operated under IFR. Section 135.245(a) specifies that the minimum
requirement for an SIC of an aircraft is at least a commercial pilot
certificate with appropriate category and class ratings and an
instrument rating. Paragraph (b) does not require the instrument rating
for helicopter SICs operating under VFR, except for VFR over-the-top
operations. Paragraph (c) prescribes SIC instrument experience
requirements for airplane and helicopter pilots. Finally, paragraph (d)
details the framework for an SIC to reestablish instrument currency.
i. Section 135.245(a)
    Section 135.245(a) prescribes the certification requirements for
SICs operating ``aircraft.'' This section, therefore, applies to
powered-lift SICs without edit. Given these generally applicable
requirements, that an SIC maintain at least a commercial pilot
certificate with appropriate category and class ratings and an
instrument rating, the FAA does not need to propose modifying paragraph
(a) to accommodate the integration of powered-lift. Under the current
regulation, a powered-lift SIC would be required to hold a commercial
pilot certificate with a powered-lift category rating and an
instrument-powered-lift rating.
ii. Section 135.245(b)
    Under Sec.  135.245(b), an SIC of a helicopter operated under VFR,
other than over-the-top, must have at least a commercial pilot
certificate with an appropriate aircraft category and class rating.
Because the FAA proposes that powered-lift SICs comply with paragraph
(a), the FAA does not propose changing the requirements of paragraph
(b)--an exception to operations conducted under paragraph (a). The FAA
recognizes that paragraph (b) may need to be amended in the future to
accommodate powered-lift if these operations prove more congruent to
those conducted in helicopters than currently anticipated.
iii. Section 135.245(c)
    Paragraph (c) prescribes SIC instrument experience requirements for
airplane and helicopter pilots that operate under IFR. Specifically,
Sec.  135.245(c)(1) requires SICs to perform six instrument approaches,
holding procedures and tasks, and intercepting and tracking courses
through navigational electronic systems within six calendar months
preceding the month of a particular flight. The requirement for pilots
to perform instrument maneuvers and procedures to maintain their
instrument privileges is universal throughout the airman regulations.
The FAA expects that, like helicopter and airplane SICs, some powered-
lift will also operate under IFR. Therefore, the FAA proposes to
permanently amend paragraph (c)(1) to specifically include reference to
powered-lift. This proposal accords the SIC instrument experience
requirements with those imposed for SICs of airplanes and helicopters
who serve in IFR operations.
iv. Section 135.245(d)
    Finally, Sec.  135.245(d) prescribes how an SIC can reestablish
instrument currency. Like Sec.  135.245(a), this paragraph applies to
all SICs who serve in IFR operations. Therefore, it applies to powered-
lift SICs as written. The FAA does not need to propose an amendment to
modify the requirements to reestablish instrument currency to integrate
powered-lift into the civilian market.
8. Section 135.247--Pilot Qualifications: Recent Experience
    Section 135.247 specifies the recent takeoff and landing experience
that a PIC must complete within the preceding 90 days to carry
passengers in an aircraft. Section 135.247(a)(1) requires the PIC to
make three takeoffs and landings as the sole manipulator of the flight
controls in an aircraft of the same category and class and, if a type
rating is required, in that same type of aircraft. For operations at
night, Sec.  135.247(a)(2) also requires the takeoffs and landings to
have been completed at night.\319\
---------------------------------------------------------------------------

    \319\ Section 135.247(a)(2) describes night as beginning 1 hour
after sunset and ending 1 hour before sunrise as published in the
Air Almanac.
---------------------------------------------------------------------------

    Under Sec.  135.247(a)(3), the PIC of a turbine-powered airplane
type-certificated for more than one pilot may complete an alternative
to the night takeoff and landing requirements. To complete an alternate
path, a PIC must serve as PIC of a turbine-powered airplane that is
type-certificated for more than one pilot crewmember and comply with
the requirements listed in the regulation. The first alternative allows
pilots to maintain night currency through the performance of three
takeoffs and landings to a full stop over a 6-month period. The second
alternative allows pilots to maintain night currency through the
performance of 6 takeoffs and landings to a full stop in a simulator
training program approved under part 142.
    Based on the active certification projects for powered-lift, the
FAA currently expects that a majority of powered-lift will not be type-
certificated for more than one pilot crewmember.

Because most powered-lift will likely require only one pilot by type
certification, the purpose and text of Sec.  135.247(a)(3) is
inapplicable. In addition, even for powered-lift that may require two
pilots by type certification, the FAA expects that most powered-lift
PICs will be unable to satisfy the 1,500 hour aeronautical experience
requirement to qualify for this alternative approach currently
permitted for pilots of turbine-powered airplanes type certificated for
more than one pilot crewmember. Due to the small number of expected
two-pilot type-certificated powered-lift, and the minimal powered-lift
pilot experience the FAA currently expects that pilots have accrued,
the FAA does not presently propose extending the alternative experience
requirements in Sec.  135.247(a)(3) to powered-lift.
    Most importantly, the FAA finds that extending alternative currency
to all powered-lift type-certificated for more than one pilot would not
be in the interest of safety. Each powered-lift may possess different
flight controls and operational characteristics, unlike airplanes that
have relatively uniform flight controls and cockpit designs among each
type. As a result, because a pilot is current in one powered-lift, does
not necessarily translate to currency or proficiency in a different
powered-lift. Therefore, the FAA is not proposing any amendments to
Sec.  135.247(a)(3).
9. Section 135.293--Initial and Recurrent Pilot Testing Requirements
    As discussed in section V.G of this preamble, Sec.  135.293
requires pilots to complete initial and recurrent knowledge testing and
a flight competency check to serve in part 135 operations. Section
135.293(a)(1) through (9) lists the knowledge areas for the oral or
written test, which each pilot must pass. The knowledge areas do not
specify airplane- or rotorcraft-specific knowledge testing, except for
the provisions included in Sec.  135.293(a)(7) and (9).
    Specifically, Sec.  135.293(a)(7) requires knowledge testing on the
procedures for identifying, escaping, and avoiding hazardous weather
conditions for all aircraft. The rule excepts rotorcraft pilots from
the requirement to be tested on escaping from low-altitude windshear
due to the unique aerodynamic characteristics of rotorcraft, as stated
in Sec.  135.293(a)(7)(ii). Powered-lift may not possess the same
unique aerodynamic characteristics as rotorcraft but do share similar
aerodynamic characteristics of airplanes. As a result, powered-lift
pilots may encounter low-altitude windshear and, resultantly, they must
possess the knowledge necessary to recover sufficient altitude to
compensate for any corresponding loss of lift. Given these factors, the
FAA is not proposing to amend Sec.  135.293(a)(7) which, as currently
written, would similarly include powered-lift pilots in the knowledge
testing requirements of escaping from low-altitude windshear
conditions. This knowledge, and corresponding testing requirements, is
equally valuable for powered-lift pilots to possess, in the event that
they, like pilots of airplanes, encounter low-altitude windshear during
flight.
    Similarly, Sec.  135.293(a)(9) requires testing for rotorcraft
pilots on rotorcraft-specific procedures to ensure recognition and
avoidance of hazardous visibility conditions. The hazardous visibility
conditions that must be tested for rotorcraft pilots under this section
include flat-light, whiteout, and brownout conditions. The FAA expects
that powered-lift pilots may similarly encounter these conditions
during flight. These conditions can be especially critical when flying
at low altitude. For example, flat-light can give the pilot an illusion
of ascending when the aircraft is actually flying level. Absent
knowledge and familiarity of this phenomenon, a pilot may over-correct
the perceived ascension and rapidly descend in altitude. This is
particularly critical when flying in congested airspace at low altitude
over urban or densely populated areas, like the operational environment
expected for powered-lift. For these reasons, the FAA finds that these
testing requirements should likewise extend to powered-lift pilots.
Accordingly, the FAA proposes a permanent change to Sec.
135.293(a)(9).
    Section 135.293(b) specifies the requirements for pilots to
complete a competency check in practical skills and techniques in the
aircraft every 12 calendar months. If a pilot serves in more than one
aircraft type, this section also specifies that the categories and
classes in which the pilot serves determine whether the pilot must
complete a competency check in each aircraft type. For helicopters,
multiengine airplanes, and turbojet airplanes, Sec.  135.293(b)
prescribes that the check must be completed in the type of helicopter,
multiengine airplane, or turbojet airplane in which the pilot will
serve.\320\ Therefore, if a pilot will serve in more than one
helicopter, multiengine airplane, or turbojet airplane, the pilot must
complete a competency check in each aircraft type. Conversely, for
single-engine airplanes, other than turbojet, Sec.  135.293(b) only
requires a competency check in the specific class (i.e., single-engine
land or single-engine sea). As such, a pilot serving in more than one
single-engine land airplane is only required to complete one competency
check.
---------------------------------------------------------------------------

    \320\ Section 135.293(b) contains an allowance that, if
determined by the Administrator to have a similar means of
propulsion, the same manufacturer, and no significantly different
handling or flight characteristics, an airplane type for the
purposes of Sec.  135.293(b) could be a group of airplanes. The
Administrator has made this determination for a limited number of
airplanes; the airplanes that the Administrator has determined fit
into a specific group are described in FAA Order 8900.1, Volume 3,
Chapter 19, Section 1. Absent this determination, ``type'' as
defined in Sec.  1.1 applies.
---------------------------------------------------------------------------

    Consistent with the proposed requirement that PICs serving in part
135 powered-lift operations hold a type rating for the aircraft flown,
the FAA proposes that these pilots must also complete the required
competency check in each type of powered-lift that the pilot will fly.
This proposed requirement is consistent with the competency check
requirements for airplanes and helicopters of similar complexity as
powered-lift. Principally, as described in the previous discussion
regarding Sec. Sec.  135.243 and 135.244, the use of unique
configurations and inceptors, and potentially diversified flight
controls and operating characteristics expected for powered-lift,
informs the FAA's conclusion that these aircraft are more akin to
multiengine airplanes on the complexity scale, rather than their
single-engine counterparts. As previously noted, the FAA is not able at
this time to identify sufficient commonality to establish class ratings
for powered-lift. Moreover, given the powered-lift currently undergoing
the aircraft certification process, the FAA does not anticipate it
could reach a determination that any of the initial powered-lift would
have a sufficiently similar means of propulsion, the same manufacturer,
and significantly similar handling or flight characteristics. Unlike
airplane and helicopter operations where the flight controls the pilot
uses are generally uniform from one aircraft to the next, experience in
category alone does not sufficiently prepare a pilot of a powered-lift.
Ensuring the pilot has the requisite knowledge and skill in each
powered-lift to be a competent crewmember is necessary to ensure
safety. For these reasons, the FAA proposes to permanently revise Sec.
135.293(b) to require pilots to complete a competency check in the type
of powered-lift in which the pilot will serve, like that required for
multiengine airplanes.

    Section 135.293(c) specifies that each competency check in a
rotorcraft must include a demonstration of the pilot's ability to
maneuver the rotorcraft solely by reference to instruments and maneuver
into visual meteorological conditions (VMC) following an inadvertent
encounter with IMC. For competency checks in non-IFR-certified
rotorcraft, the pilot must perform such maneuvers as are appropriate to
the installed equipment, the certificate holder's operations
specifications, and the operating environment. The FAA added this
requirement in response to the high number of fatal accidents that have
resulted from helicopter inadvertent IMC encounters during VFR
operations.\321\
---------------------------------------------------------------------------

    \321\ Air Ambulance and Commercial Helicopter Operations, Part
91 Helicopter Operations, and Part 135 Aircraft Operations, Safety
Initiatives and Miscellaneous Amendments, 75 FR 62640, 62668 (Oct.
12, 2010).
---------------------------------------------------------------------------

    Some powered-lift may be used only in part 135 VFR operations, and
the aircraft themselves may not be IFR-equipped. Consequently, powered-
lift pilots like helicopter pilots are at risk of encountering
inadvertent IMC. These conditions may be immediately critical and may
necessitate the powered-lift pilot to initiate emergency procedures to
escape the inadvertent IMC. Absent proper knowledge and skill to
initiate emergency maneuvers, compounded with the expected operation in
congested airspace and low altitude, powered-lift pilots may lack the
necessary handling abilities to successfully escape these conditions in
a timely fashion. As a result, the FAA proposes to apply the Sec.
135.293(c) evaluation requirement also to powered-lift to ensure these
pilots possess the skills needed to handle these conditions. For
competency checks in non-IFR-certified powered-lift, the pilot would be
required to perform such maneuvers as are appropriate to the installed
equipment, the certificate holder's operations specifications, and the
operating environment.
    Notably, in 2014, when the FAA added Sec.  135.293(a)(9) and (c),
the FAA also included specific language in Sec.  135.293(h) requiring
compliance after April 22, 2015.\322\ Since the compliance date has
passed, the FAA proposes a permanent change to remove the compliance
date memorialized in Sec.  135.293(h) and reserve this paragraph.
---------------------------------------------------------------------------

    \322\ Extension of Effective Date for the Helicopter Air
Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations
Final Rule, 79 FR 22009 (Apr. 21, 2014).
---------------------------------------------------------------------------

10. Section 135.297--Pilot in Command: Instrument Proficiency Check
Requirements
i. Section 135.297(a) and (b)
    Section 135.297 prescribes the instrument proficiency check (IPC)
requirements for the PIC of a part 135 IFR operation. Powered-lift
operations were not contemplated when this rule was written. However,
the rule applies to PICs of any part 135 IFR operation as prescribed in
paragraph (a). Paragraph (b) specifies how often the IPC must occur and
the kinds of approaches that must be conducted. This paragraph is also
not category or class specific. Therefore, the requirements in Sec.
135.297(a) and (b) would apply to powered-lift PICs in part 135
operations as written.
ii. Section 135.297(c)
    Section 135.297(c) specifies the content and standards for an IPC
that an airplane or helicopter PIC must meet, which corresponds to the
minimum certificate requirements prescribed in Sec.  135.243.\323\ To
align with the proposed requirements to serve as a PIC in part 135
operations, and because all PICs will be expected to hold a type rating
for the powered-lift flown, the FAA proposes that the IPC for a
powered-lift PIC meet the same requirements as currently required for
airplane and helicopter PICs. The FAA proposes that, if the PIC is
required to hold an ATP certificate, then the IPC must include the
procedures and maneuvers for an ATP certificate, consistent with the
existing requirement for airplane PICs in Sec.  135.297(c)(1)(i).
Furthermore, the FAA proposes that if the PIC is required to hold a
commercial certificate, then the IPC must include the procedures and
maneuvers for a commercial certificate with an instrument rating and
for the type rating, consistent with the existing requirement for
airplane and helicopter PICs in Sec.  135.297(c)(1)(ii). For these
reasons, the FAA proposes a permanent amendment to Sec.
135.297(c)(1)(ii) to modify the reference to ``airplane'' and
``helicopter,'' to ``aircraft,'' to expressly include powered-lift
within this provision.
---------------------------------------------------------------------------

    \323\ Section 135.297(c) also sets forth required content of the
IPC including an oral or written equipment test and flight check
under simulated or actual IFR conditions. The equipment test must
include questions on emergency procedures, engine operation, fuel
and lubrication systems, power settings, stall speeds, best engine-
out speed, propeller and supercharger operations, and hydraulic,
mechanical, and electrical systems, as appropriate to powered-lift
operations. As further described in section VI.A of this preamble,
the FAA notes that the term ``engine'' encompasses any powered-lift
propulsion system, such as batteries or electric motors. The flight
check includes navigation by instruments, recovery from simulated
emergencies, and standard instrument approaches involving
navigational facilities which that pilot is to be authorized to use.
---------------------------------------------------------------------------

    In addition, the FAA has identified an inadvertent error in Sec.
135.297(c)(1)(i) and proposes a permanent correction. Specifically,
Sec.  135.297(c) delineates the procedures and maneuvers that are
required based on whether the person is serving as a PIC under Sec.
135.243(a) or (c). However, if the person is a PIC under Sec.
135.243(a), Sec.  135.297(c)(1)(i) currently applies to the PIC of an
airplane only. Consequently, if a person is serving as a helicopter PIC
under Sec.  135.243(a), Sec.  135.297(c)(1)(i) does not state which
procedures and maneuvers are required for the IPC. Therefore, the FAA
proposes a permanent amendment to Sec.  135.297(c)(1)(i) to change the
word ``airplane'' to ``aircraft,'' making the requirement applicable to
any PIC under Sec.  135.243(a). In making this amendment, powered-lift
PICs will also fall within the full scope of Sec. Sec.
135.297(c)(1)(i) and 135.243(a).
iii. Section 135.297(g)
    Section 135.297(g) currently sets forth the checking requirements
for PICs authorized to use an autopilot system in place of an SIC. In
part, this section requires an autopilot check to be completed every 12
months during the PIC's IPC under paragraph (a). Therefore, paragraph
(g) applies to powered-lift PICs authorized to use an autopilot system
in place of an SIC. Paragraphs (g)(1) and (2) specify the tasks that
the PIC must complete during the autopilot check. Paragraph (g)(3)
specifies the standard of proficiency that the PIC must demonstrate
during the performance of the tasks required by paragraphs (g)(1) and
(2). However, as currently written, paragraph (g)(3) is applicable only
to airplane PICs. The FAA asserts that the proficiency standard is
applicable to any PIC using an autopilot in lieu of an SIC and
therefore is proposing a permanent change to apply paragraph (g)(3) to
all aircraft.
    The use of the word ``aircraft'' would encompass airplanes,
helicopters, and powered-lift in the checking requirement to show
proficiency with autopilot systems installed on the aircraft. In
support of this proposed amendment, the FAA notes that helicopter
pilots that use autopilot instead of an SIC must already complete an
autopilot check during their IPC, under paragraphs (g)(1) and (2). The
requirements of paragraph (g)(3) would have minimal impact because
proficiency would already have been

demonstrated to meet the requirements in paragraphs (g)(1) and (2).
    Furthermore, with updated avionics and technology, more helicopters
operating under part 135 have an autopilot system installed than when
the rule was first promulgated.\324\ Thus, advancements in technology
now illustrate that this equipment is likewise available and in-use on
helicopters. When an autopilot system is installed and its use is
contemplated, the check of proficiency must be accomplished to the same
standards all other aircraft airmen are required to satisfy. For these
reasons, the FAA proposes permanently amending paragraph (g)(3) to
require that if the PIC is authorized to use an autopilot system in
place of an SIC in any aircraft, the PIC must demonstrate proficiency
in its use. Modifying paragraph (g)(3) to require the same checking
standard for proficiency as that required for airplane pilots will
ensure all PICs are checked on autopilot systems to the same standard.
To provide sufficient time for existing rotorcraft operators to update
their checking programs, if necessary, the FAA proposes a compliance
date of six months after the effective date of the final rule for this
subsection.
---------------------------------------------------------------------------

    \324\ See i.e., Special Federal Aviation Regulation No. 108--
Mitsubishi MU-2B Series Airplane Special Training, Experience, and
Operating Requirements, 73 FR 7034, 7042 (Feb. 6, 2008) (explaining
that ``in most of today's modern cockpits, aircraft that are
permitted to be operated with a single pilot are required to have a
functional autopilot installed'').
---------------------------------------------------------------------------

11. Section 135.340--Initial and Transition Training and Checking:
Flight Instructors (Aircraft), Flight Instructors (Simulator)
    Section 135.340 prescribes initial and transition training for
instructors in aircraft and simulators. As currently written, this
section applies to powered-lift flight instructors. As described in
section V.G of this preamble, the FAA is proposing a temporary
provision to allow a part 135 operator to seek approval to establish
and implement an airman certification training curriculum. As part of
that temporary provision, the FAA proposes that a person must hold a
flight instructor certificate issued under part 61 with the appropriate
ratings to provide training for the purpose of adding a powered-lift
category rating, type rating, or an instrument rating to a commercial
pilot certificate under a part 135 approved training program. This
determination is based on (1) the lack of powered-lift experience held
by pilots completing the part 135 training program, and (2) the
curriculum content required for the issuance of a commercial pilot
certificate with a powered-lift category rating, type rating, and an
instrument-powered-lift rating. Additionally, to ensure the ATP
privileges contained in Sec.  61.167(a) are not expanded as a result of
the SFAR, a temporary limitation that would prohibit a person who holds
an ATP certificate with powered-lift ratings from instructing other
pilots in accordance with an approved airman certification training
program under part 135 for the purpose of obtaining a commercial pilot
certificate with a powered-lift category rating or an instrument-
powered-lift rating. Together, these two provisions would ensure that a
part 135 instructor holds a flight instructor certificate with the
appropriate powered-lift ratings when providing the foundational part
61 airman certification training in a powered-lift. The proposed rule
language has been scoped to ensure that the current part 135 training
environment is not altered by the SFAR. Accordingly, the FAA does not
propose any amendment to Sec.  135.340.
12. Section 135.345--Pilots: Initial, Transition, and Upgrade Ground
Training
    Section 135.345 sets forth the requirements for initial,
transition, and upgrade ground training for pilots and includes a list
of minimum items of instruction that must be completed as applicable to
their duties. Currently, the regulation discusses general items that
apply to all aircraft. However, Sec.  135.345(b)(6)(iv) requires
training on operations during ground icing conditions for airplanes
only if the operator authorizes takeoffs in ground icing conditions.
The FAA is proposing that the training requirements in Sec.
135.345(b)(6)(iv), including ground icing, deicing/anti-icing
procedures, and surface contamination training, be required for pilots
of powered-lift, in addition to pilots of airplanes.
    In support, the FAA reasons that powered-lift--like airplanes--may
encounter ground icing in operations, and the pilots must be properly
trained if the operator authorizes takeoffs in ground icing conditions.
The FAA recognizes that aircraft icing is an aviation safety issue and,
accordingly, knowledge of these conditions will ensure powered-lift
pilots, like their airplane counterparts, are equipped to respond
appropriately.\325\ Therefore, to mitigate safety risks and accommodate
the integration of powered-lift under this section, the FAA proposes to
apply the airplane requirements under Sec.  135.345(b)(6)(iv) to
powered-lift.
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    \325\ See i.e., NTSB Aviation Accident Final Report, Accident
No. SEA07LA041 (finding probable cause of helicopter accident was
due, in part, to ``snow and ice ingestion'').
---------------------------------------------------------------------------

    This proposed amendment is also consistent with the FAA's proposal
to extend the airplane operational requirements under Sec.  135.227 for
ground icing conditions to powered-lift discussed in section VI.D of
this preamble. In proposing the amendment to Sec.  135.227, the FAA
reasoned that some powered-lift may contain sophisticated aviation
technology and, in turn, possess the capability to operate during
ground icing conditions. As a result, the FAA proposes to extend Sec.
135.345(b)(6)(iv) to conform the regulation with the training that will
now be required under the proposed expanded scope of Sec.  135.227.

J. Part 142 Training Centers

    The FAA proposes to amend part 142 requirements for training
centers to accommodate powered-lift. These amendments will harmonize
requirements for airplanes, powered-lift, and rotorcraft. The
amendments are necessary because the existing regulatory framework does
not reflect contemporary training and checking methods. As discussed in
section V.F above, part 142 was originally codified in 1996 to enable
training centers to provide standardized quality training, testing, and
checking to any individual, operator, or air carrier. The final rule
contained requirements for conducting training in an FSTD but did not
address powered-lift because there were no powered-lift in civil use at
that time.
    However, in the years since part 142 was codified, significant
technological advancements in aircraft design have occurred, including
the development of civil use powered-lift. Along with the development
of powered-lift, sophisticated training devices for powered-lift are
being developed to allow for training under part 142, which is
currently permitted for airplanes and rotorcraft. The FAA recognizes
the value of FSTD training and seeks to provide a method to accomplish
FSTD training for powered-lift, to enhance safety and serve the public
interest. Therefore, the FAA proposes to amend Sec. Sec.
142.11(d)(2)(iii), 142.47(c)(2), 142.53(b)(2) and (3), and 142.57(c) to
permit the use of FSTDs for powered-lift training, testing, and
checking. These amendments will also harmonize the eligibility and
testing requirements for instructors providing inflight training in
powered-lift as well as in an FSTD for all aircraft categories.

1. Subpart A--General Requirements
    Subpart A prescribes the requirements governing the certification
and operation of training centers, and provides an alternative means to
accomplish the training required by 14 CFR part 61, 63, 65, 91, 121,
125, 135, or 137.
    Section 142.11 details the application requirements for issuance of
a new or amended training center certificate and training
specifications.\326\ Specifically, Sec.  142.11(d)(2)(iii) states that
training specifications issued to a training center must include the
FSTDs that the training center is authorized to use, including the
qualification level, and the make, model, and series of airplane or
rotorcraft being simulated in the FSTD. The FAA expects training
centers to utilize powered-lift FSTDs for training, testing, and
checking similar to current uses of airplane and rotorcraft FSTDs.
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    \326\ As defined in 14 CFR 142.3, training specifications are a
document issued to a training center certificate holder by the
Administrator that prescribes that center's training, checking, and
testing authorizations and limitations, and specifies training
program requirements.
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    Therefore, the FAA proposes amending Sec.  142.11(d)(2)(iii) to
include powered-lift. The regulatory text would be amended to state
that training specifications issued by the Administrator to the
certificate holder must contain the make, model, and series of
aircraft, or set of aircraft being simulated and the qualification
level assigned. With this amendment, training centers would be able to
apply for training specifications and receive authorization for the use
of FAA qualified powered-lift FSTDs, in addition to existing airplane
and rotorcraft requirements.
2. Subpart C--Personnel and Flight Training Equipment Requirements
    Subpart C prescribes the personnel and flight training equipment
requirements for a certificate holder that is providing training to
meet the requirements of part 61. Section 142.47 prescribes the
requirements for instructors in an approved flight training course. The
rule requires each instructor to satisfactorily complete ground
training on the subjects identified in paragraph (c)(1) prior to
functioning as an instructor in a course. The rule further states in
Sec.  142.47(c)(2)(ii) that a written test is also required and must be
of equivalent difficulty, complexity, and scope as the tests provided
by the Administrator for the flight instructor airplane and instrument
flight instructor knowledge tests.
    Although airplane is specified, the FAA asserts that the flight
instructor knowledge tests for powered-lift and rotorcraft would
provide the most comprehensive and relevant knowledge items that are
specific to those categories of aircraft. An aircraft category-specific
test allows the instructor to demonstrate the knowledge and expertise
the FAA considers appropriate for a part 142 training center to provide
for a specific category of aircraft. This is consistent with the
original intent of part 142 to establish a quality source of
standardized training and testing for instructors. Therefore, the FAA
finds it is necessary to amend the rule to include these categories of
aircraft.
    Accordingly, the FAA proposes to amend Sec.  142.47(c)(2)(ii) to
require that a training center instructor complete a written test that
is the equivalent difficulty, complexity, and scope as the FAA flight
instructor and instrument flight instructor knowledge tests applicable
to the specific category of aircraft in which the instructor will be
qualified. The proposed amendment will ensure that powered-lift,
airplane, and rotorcraft training center instructors are adequately
tested and qualified, and that the test they complete contains the
appropriate scope of material applicable to the category of aircraft in
which they will instruct.
    Section 142.53 prescribes training center instructor training and
testing requirements. Under paragraph (b), each instructor who
instructs in an FFS that the FAA has approved for all training and
testing for the ATP certification test or aircraft type rating test
must meet one of three requirements prior to designation and every 12
calendar months thereafter. Of these three requirements that an
instructor may meet to satisfy Sec.  142.53(b), two of the three are
airplane specific. Specifically, Sec.  142.53(b)(2)(i) and (b)(3)(i)
are specific to airplanes and do not include powered-lift or
rotorcraft. As a result, powered-lift and rotorcraft FFS instructors
are currently limited to a single compliance option under Sec.
142.53(b)(1), which requires FFS instructors to conduct inflight
operations to maintain recency of experience.
    Section 142.53(b)(1) requires the instructor to perform two hours
in flight, including three takeoffs and three landings as the sole
manipulator of the controls of an aircraft of the same category and
class, and, if a type rating is required, of the same type replicated
by the approved FFS in which that instructor is designated to instruct.
The FAA recognizes that satisfaction of this inflight experience
requirement may pose a challenge for FFS instructors that do not hold a
medical certificate. For those individuals, another qualified person
would have to accompany the instructor to act as PIC in the aircraft
because, without a medical certificate, the FFS instructor would not be
qualified to serve as PIC. As a result, some experienced instructors
that do not hold a medical certificate may be excluded from serving as
an FFS instructor. The FAA's current proposal to afford FFS instructors
additional options other than satisfying the inflight experience
requirement provides greater flexibility for powered-lift and
rotorcraft FFS instructors, like that provided for their airplane FFS
instructor counterparts.
    The FAA acknowledges that inflight operations provide many training
benefits and improve pilot confidence and competence. Pilots are able
to maintain their skills in the actual operating environment, improve
their decision making, maintain situational awareness, and exercise
crew resource management. However, the FAA also considers that a line-
observation program as described in Sec.  142.53(b)(2), or an inflight
observation program as specified in Sec.  142.53(b)(3), provide
equivalent training and experience for FFS instructors. This allows all
FFS instructors (regardless of ability to actively access inflight
operations) the opportunity to be immersed in the operational
environment. Observation programs are beneficial for airplane FFS
instructors and the FAA asserts these programs will be equally
beneficial for powered-lift and rotorcraft FFS instructors.
    The FAA anticipates that powered-lift FFSs will have advanced
technology, visual cues, and be able to replicate flight to the same
degree as current FFSs used for airplanes. The FAA believes powered-
lift instructors should have the same flexibility to comply with any of
the three enumerated options in this section. Additionally, rotorcraft
FFSs also incorporate advanced technology, similar to airplane FFSs,
and mirror the airplane FFSs' visual cues and aircraft feel, and
replicate flight of an actual rotorcraft. Therefore, the FAA proposes
to amend paragraphs (b)(2) and (3) to change the word ``airplane'' to
``aircraft.'' Resultantly, changing the text to aircraft enables
powered-lift and rotorcraft instructors to complete an observation
program in addition to the inflight training option under paragraph
(b)(1). This provides flexibility to select the best option for
instructors, reducing environmental impact, congestion in the NAS, and
granting all instructors the

ability to participate in an approved line-observation program.
    Finally, Sec.  142.57 prescribes requirements for training center
certificate holders and applicants that use aircraft for flight
instruction. Paragraph (b) requires the training center certificate
holder or applicant to ensure, in part, that aircraft used in flight
instruction are two-place aircraft with engine power controls and
flight controls easily reached from both pilot stations. Paragraph (c)
provides an exception to this requirement, specifically permitting the
training center to use an airplane where certain controls are not
easily reached by both pilots if the certificate holder has determined
that the flight instruction can be conducted in a safe manner.
    As currently written, paragraph (c) only applies to training
centers using airplanes. In the NPRM published on August 11, 1992, the
FAA's accompanying explanation for this regulation illustrates that it
did not intend to limit the relief afforded by this paragraph to only
airplanes. In fact, the preamble stated, ``certain uniquely configured
aircraft can be safely operated with flight controls that do not meet
the above standards, paragraph (c) of this proposed section would
permit a training center to authorize the use of such aircraft upon a
finding that flight instruction can be safely conducted in them.''
\327\ The FAA clearly intended for this paragraph to apply to all
aircraft but that intent was not realized when the regulatory text used
the word ``airplane.''
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    \327\ Aircraft Flight Simulator Use in Pilot Training, Testing,
and Checking and at Training Centers, 57 FR 35905 (Aug. 11, 1992).
---------------------------------------------------------------------------

    Two-place aircraft with engine power controls and flight controls
that are not easily reached from both pilot stations are continually
designed and manufactured; this is not unique to only airplanes. These
aircraft are distinctly configured, and the certificate holder is in a
position to determine whether they may be safely operated for the
purposes of flight instruction considering the location of controls and
operation for that specific aircraft. Therefore, the FAA continues to
support the original intention that relief is warranted for all
aircraft and proposes to change the word ``airplane'' in Sec.
142.57(c) to ``aircraft.'' This amendment would allow training centers
to utilize an airplane, powered-lift, or rotorcraft with controls not
easily reached and operated in a conventional manner by both pilots if
the certificate holder determines the flight instruction can be
conducted in a safe manner considering the location of controls and
their nonconventional operation, or both.
3. Temporary Alternate Means To Satisfy Minimum Curriculum Content in
Training Courses Under Part 142
    As discussed previously in section V.G.1 of this preamble, some
powered-lift may not be capable of performing all the tasks listed in
the appropriate ACS for that practical test for the certificate or
rating sought. The FAA proposes that if it authorizes an examiner to
waive a specific task during the practical test because the powered-
lift is incapable of performing the task, the applicant should also be
relieved from the requirement to receive flight training on that task.
Therefore, in proposed Sec.  194.251, the FAA proposes that a training
course for which approval is requested is not required to consist of
training on a task specified in an area of operation if the powered-
lift is not capable of performing the task, provided the FAA has issued
waiver authority for that task in accordance with Sec.  194.207(b).

K. Subpart K of Part 91 Pilot Qualifications

    Subpart K was added to part 91 in 2003 to establish criteria for
fractional ownership programs.\328\ It allows fractional owners and the
management company to share operational control of the aircraft and
delineates operational control responsibilities. It also contains
regulatory safety standards for operations under fractional ownership
programs, including pilot training. Subpart K currently has two
powered-lift references in Sec. Sec.  91.1001(b)(10) and 91.1053(a)(2).
These references were included when subpart K of part 91 was codified
to prescribe specific applicability and crew training requirements for
fractional ownership operations.
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    \328\ Regulation of Fractional Aircraft Ownership Programs and
On-Demand Operations, 68 FR 54561 (Sep. 17, 2003).
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    Section 91.1053 prescribes the FAA certification and ratings
required to serve as a pilot in a powered-lift as part of a fractional
ownership program and is applicable to powered-lift as written. Section
91.1053(a)(2)(i) requires the PIC of a powered-lift to hold an ATP
certificate and applicable type ratings to conduct operations under
subpart k of part 91. The FAA proposes to permanently amend Sec.
91.1053(a)(2)(i) to clarify that the type rating required cannot be
limited to VFR only operations.
    Under the VFR only type rating proposed in section V.H of this
preamble, a pilot may take their instrument rating practical test
within two calendar months after they pass the type rating practical
test in a powered-lift. However, the FAA finds that the skills and
experience required to pass an instrument rating practical test are
necessary to ensure safety in subpart K operations. In part, the
instrument rating requirements necessary to pass the associated
practical test ensure that PICs of powered-lift possess proper training
and experience in simulated and actual instrument conditions. This is
particularly important when considering the operating environment
anticipated for powered-lift in subpart K operations, where pilot error
can be immediately safety-critical when encountering IMC or areas of
lower visibility. For these reasons, and those discussed more fully in
support of restricting the use of a VFR only type rating in part 135
operations above, the FAA proposes a permanent amendment to Sec.
91.1053(a)(2)(i) to clarify that the type rating required to operate
under subpart k of part 91 cannot be limited to VFR only operations.
    Section 91.1055 prescribes pilot operating limitations and pairing
requirements for fixed-wing program aircraft. The regulation requires
the PIC to execute takeoffs and landings under certain operational
conditions when the SIC has less than 100 hours of flight time as SIC
in the aircraft make and model and type, if a type rating is required,
and the PIC is not an appropriately qualified check pilot. The FAA
maintains that the familiarity required for SICs should be the same for
powered-lift as required for fixed-wing aircraft. The crew pairing and
operational limitations required by this section are designed to ensure
the flightcrew possess the necessary familiarity and experience to
safely operate the aircraft. Therefore, to ensure an appropriate level
of safety for powered-lift, the FAA is proposing that this rule apply
to powered-lift under the SFAR.
    Lastly, Sec.  91.1065 prescribes the initial and recurrent pilot
testing requirements. To ensure an appropriate level of safety is
maintained when these aircraft are operated, the FAA notes that Sec.
91.1065(b) applies to each type of anticipated powered-lift because
this section currently applies to the type of multiengine aircraft,
turbojet airplane, or rotorcraft. As described in section VI.A of this
preamble, all powered-lift coming to market are multiengine aircraft,
and the FAA does not anticipate civil single-engine powered-lift to be
developed during the term of this SFAR. As such, in accordance with

existing Sec.  91.1065(b), PICs and SICs of powered-lift fractional
ownership program operations must complete a competency check in each
type of powered-lift in which the pilot will serve every 12 calendar
months. Accordingly, the FAA is not proposing any amendments to Sec.
91.1065(b).
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    \329\ As discussed in section V.F of this preamble, this
proposal would not alter the current part 135 training environment.
A part 135 instructor would only be required to hold a flight
instructor certificate with powered-lift ratings to conduct training
in the part 135 operator's airmen certification curriculum proposed
in Sec.  194.243(a).
    \330\ A person holding a private pilot certificate is not
required to remove the ``VFR Only'' limitation if the limitation
applies to a powered-lift type that is not a large aircraft or
turbojet-powered.
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L. Summary of Proposed Regulatory Changes for Airmen

                                                Table 8--Summary of Proposed Temporary Provisions in SFAR
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         14 CFR Sec.                                            Proposed SFAR Sec.
       Topic               affected                Current requirement                                Summary of proposed alternate requirement in SFAR
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cross-country time   61.1(b)               To log cross-country time    194.201              Allows a person to log cross-country time
                                           in a powered-lift, the flight must                        in a powered-lift when the flight includes at least
                                           include at least a straight-line                          a straight-line distance of more than 25 nautical