distance of more than 50 nautical                         miles.
                                           miles.
Qualification        61.3(d)(2)            To instruct in a powered-    194.203(b)           Requires a person to hold a flight
 requirements for    61.3(d)(3)(ii)        lift under a part 135 approved       194.205              instructor certificate with the appropriate powered-
 part 135 flight     61.167(a)(2)          training program, a person must      194.243(a)(1)        lift ratings to conduct training in accordance with
 instructors         61.195(b)(1)          hold either a flight instructor                           a part 135 approved training curriculum that
                                           certificate or an ATP certificate                         culminates in a commercial pilot certificate with a
                                           with the appropriate powered-lift                         powered-lift category rating, an instrument-powered-
                                           ratings.                                                  lift rating, and an initial powered-lift type
                                                                                rating.\329\
Practical tests in   61.45(b)              An applicant for a           194.207(a) and (b)   Allows an examiner who conducts a practical
 powered-lift that                         certificate or rating may use an                          test in a powered-lift that is unable to perform
 are incapable of                          aircraft with operating                                   all the tasks required for the practical test to
 performing certain                        characteristics that preclude the                         waive any task for which the FAA has provided
 tasks                                     applicant from performing all the                         waiver authority and enables the issuance of
                                           tasks required for the practical                          powered-lift ratings without limitations.
                                           test, but the certificate or rating
                                           will be issued with an appropriate
                                           limitation.
Flight training on   61.107(a), (b)(5)     An applicant for a private   194.207(c);          Relieves an applicant from the requirement
 tasks for which     61.127(a), (e)        pilot certificate or a commercial     194.251             to receive flight training on a task specified in
 the FAA has                               pilot certificate with a powered-                         an area of operation if the task cannot be
 provided waiver                           lift category rating must receive                         performed in the powered-lift, as determined by the
 authority                                 flight training on the areas of                           FAA's issuance of waiver authority for the task on
                                           operation listed in Sec.                                  a practical test.
                                           61.107(b)(5) or Sec.   61.127(e),
                                           as appropriate to the certificate
                                           sought.
Additional           61.55                 A person serving as SIC of   194.209              Adds an SIC qualification requirement for
 qualification                             an aircraft type certificated for                         persons who obtain a powered-lift category rating
 requirements for                          more than one required pilot flight                       by passing a practical test during which the
 certain pilots                            crewmember or in operations                               examiner waived a required task. To serve as SIC of
 serving as SIC                            requiring an SIC pilot flight                             a powered-lift that is capable of performing the
                                           crewmember must meet the                                  waived task, the person must receive training from
                                           qualification requirements                                an authorized instructor on the task and an
                                           contained in Sec.   61.55.                                endorsement certifying that the person has
                                                                                satisfactorily demonstrated proficiency of the
                                                                                task, subject to certain exceptions.
Eligibility          61.63(d) and (e)      An applicant seeking an      194.211              Relieves an applicant seeking a powered-
 requirements for a                        aircraft type rating concurrently                         lift type rating concurrently with a powered-lift
 person seeking a                          with an aircraft category rating                          category rating from the requirement to
 powered-lift type                         must hold or concurrently obtain an                       concurrently obtain an instrument-powered-lift
 rating                                    appropriate instrument rating                             rating, which would require three practical tests
                                           unless the aircraft is not capable                        simultaneously. Instead, allows the applicant to
                                           of instrument maneuvers and                               complete the instrument rating practical test and
                                           procedures.                                               the instrument portion of the type rating practical
                                                                                test later by issuing a ``VFR only'' limitation on
                                                                                the powered-lift type rating, which would remain
                                                                                valid for 2 calendar months.\330\

Aeronautical         61.129(e)             Section 61.129(e) contains   194.215; 194.217     Establishes alternate experience and
 experience and      61.51(e)              the aeronautical experience           through 194.223;    logging requirements that remove current regulatory
 logging                                   requirements for a person seeking a   194.233             burdens and facilitate commercial pilot
 requirements for a                        powered-lift category rating on a                         certification in the powered-lift category for the
 commercial pilot                          commercial pilot certificate.                             following groups of pilots: (1) test pilots and
 certificate with a                        Section 61.51(e) contains the                             instructor pilots, (2) initial cadre of instructors
 powered-lift                              requirements for logging PIC flight                       for an approved training program under part 135,
 category rating                           time.                                                     141, or 142, and (3) persons completing an approved
                                                                                training program under part 135, 141, or 142.
                                                                                See Tables 2, 3, and 4 in section V.E of
                                                                                this preamble for additional information.
Aeronautical         61.65(f)              Section 61.65(f) contains    194.215; 194.225     Establishes alternate experience and
 experience and      61.51(e)              the aeronautical experience           through 194.231;    logging requirements that remove current regulatory
 logging                                   requirements for a person seeking     194.235             burdens and facilitate the ability to obtain an
 requirements for                          an instrument-powered-lift rating.                        instrument-powered-lift rating for the following
 an instrument-                            Section 61.51(e) contains the                             groups of pilots: (1) test pilots and instructor
 powered-lift                              requirements for logging PIC flight                       pilots, (2) initial cadre of instructors for an
 rating                                    time.                                                     approved training program under part 135, 141, or
                                                                                142, and (3) persons completing an approved
                                                                                training program under part 135, 141, or 142
                                                                                See Tables 5, 6, and 7 in section V.E. of
                                                                                this preamble for additional information.
Cross-country        61.109(e)(2)(i),      Requires an applicant for a  194.237              Establish alternate cross country
 aeronautical         (e)(5)(ii)           private pilot certificate with a                          experience requirements that allow an applicant for
 experience                                powered-lift category rating to                           a private pilot certificate with a powered-lift
 requirements for a                        complete (1) a cross-country flight                       category rating to complete certain cross-country
 private pilot                             of over 100 nautical miles total                          flights with reduced nautical mile distances.
 certificate with a                        distance, and (2) a solo cross-
 powered-lift                              country flight of 150 nautical
 category rating                           miles total distance with one
                                           segment of the flight consisting of
                                           a straight-line distance of more
                                           than 50 nautical miles.
PIC and SIC          91.1055(a)            Requires SIC of a fixed-     194.245(a)           Applies fixed-wing program aircraft pairing
 operating                                 wing program aircraft with fewer                          requirement to SICs operating powered-lift.
 limitations and                           than 100 hours of flight time as
 pairing                                   SIC flying in the aircraft make and
 requirement in                            model and, if a type rating is
 part 91, subpart                          required, in the type aircraft
 K, operations                             being flown, to have the PIC, if
                                           not an appropriately qualified
                                           check pilot, make all takeoffs and
                                           landings in the situations listed
                                           in paragraphs (a)(1) and (2).
Commuter operations  135.3(b)              Requires certificate         194.247(b)           Adds a requirement for certificate holders
 with airplanes                            holders that conduct commuter                             conducting commuter operations under part 135 with
 requiring two                             operations under part 135 with                            powered-lift requiring two pilots by the aircraft
 pilots by type                            airplanes in which two pilots are                         flight manual to comply with subpart Y of part 121,
 certification                             required by type certification                            the Advanced Qualification Program (AQP). PICs
                                           rules of chapter I to comply with                         would also be required to receive other
                                           subparts N and O of part 121,                             instruction, facilitated discussion, and training,
                                           instead of subparts E, G, and H of                        including scenario-based training, as part of their
                                           part 135.                                                 initial, recurrent, and upgrade ground training.
PIC operating        135.244(a)(1)         Requires PIC in commuter     194.247(c)           Makes operating experience requirements in
 experience           through (4)          operations to complete the                                paragraphs (a)(1) through (4) inapplicable to
 requirements in                           applicable operating experience                           powered-lift PICs and establishes 20-hour PIC
 commuter                                  listed in paragraphs (a)(1) through                       operating experience requirement in each make and
 operations                                (4) in the make and basic model of                        basic model of powered-lift to be flown.
                                           aircraft to be flown.

Initial,             135.345(b)(6)(iv)     Requires initial,            194.247(d)           Establishes that initial, transition, and
 transition, and                           transition, and upgrade ground                            upgrade ground training under Sec.   135.345 for
 upgrade ground                            training for pilots for each                              powered-lift pilots must include instruction in
 training for                              aircraft type to include knowledge                        Sec.   135.345(b)(6)(iv), as applicable.
 pilots                                    and procedures for operating
                                           airplanes during ground icing
                                           conditions, including the areas
                                           listed in paragraphs (b)(6)(iv)(A)
                                           through (G), if the certificate
                                           holder expects to authorize
                                           takeoffs in ground icing
                                           conditions.
Pilot certification  N/A                   No current requirement.      194.243              Allows part 119 certificate holders
 through completion                                                                                authorized to conduct part 135 operations to
 of training,                                                                                establish and implement certain training
 testing, and                                                                                curriculums to satisfy training and experience
 checking under                                                                                requirements by facilitating alternate eligibility
 part 135                                                                                standards for pilots who may be trained under such
                                                                                curricula and using competency checks and
                                                                                proficiency checks required by part 135 to satisfy
                                                                                practical test requirements.
Qualification        141.35(a)(1)          Requires a chief             194.241(a)           Relieves persons seeking designation as a
 requirements for    141.36(a)(1)          instructor, assistant chief                               chief instructor, assistant chief instructor, or
 chief instructors,  141.37(a)(2)(ii)      instructor, and a check instructor                        check instructor (for checks and tests that relate
 assistant chief                           (for checks and tests that relate                         to flight training) in a course of training for a
 instructors, and                          to a flight training course) to                           powered-lift from the requirement to hold a class
 check instructors                         hold (1) a commercial pilot                               rating on the pilot certificate and flight
                                           certificate or ATP certificate with                       instructor certificate.
                                           the appropriate aircraft category
                                           and class ratings, and (2) a flight
                                           instructor certificate with the
                                           appropriate category and class
                                           ratings.
Qualification        141.37(a)(3)(ii)      Requires a check instructor  194.241(b)           Relieves persons seeking designation as a
 requirements for                          (for checks and tests that relate                         check instructor (for checks and tests that relate
 check instructors                         to ground training) to hold ground                        to ground training) in a course of training for a
 for checks and                            instructor certificate or a flight                        powered-lift from the requirement to hold a class
 tests that relate                         instructor certificate with the                           rating on the flight instructor certificate.
 to ground training                        appropriate category and class
                                           ratings.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                 Table 9--Summary of Proposed Permanent Changes
----------------------------------------------------------------------------------------------------------------
            Provision                   14 CFR Sec.                    Summary of proposed provision
------------------------------------------affected--------------------------------------------------------------
Certificates and ratings issued    61.5(b)(7)              Adds powered-lift to the list of aircraft
 under part 61.                                            type ratings that may be placed on a pilot
                                                           certificate when an applicant satisfactorily
                                                           accomplishes the training and certification
                                                           requirements for the rating sought.
                                                           Relocates the SIC pilot type rating from the
                                                           list of aircraft type ratings to an independent
                                                           provision.
Type rating requirements.........  61.31(a)                Adds powered-lift to the list of aircraft for
                                                           which a PIC must hold a type rating.
SIC qualifications...............  61.55(a)                Adds a provision to cross-reference the
                                                           proposed SIC qualification requirements in the SFAR
                                                           that would apply only to persons seeking to serve as
                                                           SIC of a powered-lift that is capable of performing
                                                           tasks that the person was never trained or tested on.
Additional aircraft ratings......  61.63(h)                Removes provisions that enable a pilot to
                                   61.165(g)               apply for a category and class rating that is limited
                                                           to a specific make and model of experimental aircraft
                                                           based on flight time that was logged between
                                                           September 1, 2004, and August 31, 2005. Because
                                                           persons have had over 15 years to obtain a limited
                                                           rating under these provisions, FAA anticipates that
                                                           these provisions are obsolete.
Clarification of Requirements for  61.39(a)(iii);          Adds a provision to make clear that a person
 a Practical Test in an Aircraft    61.43(g); 61.47(d)     may not furnish an aircraft that requires a type
 Requiring a Type Rating.                                  rating (or a FSTD representing an aircraft requiring
                                                           a type rating) for the practical test without seeking
                                                           a type rating for that aircraft.
Use of an FFS or FTD.............  61.64(e), (f)           Requires a person completing the entire
                                                           practical test in a Level C or higher FFS to obtain a
                                                           powered-lift type rating with a PIC limitation unless
                                                           the person has 500 hours of flight time in the type
                                                           of powered-lift.

Private Pilot Aeronautical         61.109(e)(5)            Requires a person seeking a powered-lift
 experience: Powered-lift                                  category rating on a private pilot certificate to
 category rating.                                          obtain 10 hours of solo flight time in a powered-
                                                           lift.
ATP Aeronautical experience:       61.163(c)               Permits flight time logged under SIC PDP to
 Powered-lift category rating.                             be credited towards 1,500 hours of total time
                                                           required for an ATP certificate with a powered-lift
                                                           category rating.
ATP privileges and limitations...  61.167(a)(2)            Adds reference to the ATP experience
                                                           requirements of Sec.   61.163 to enable a person who
                                                           holds an ATP certificate with a powered-lift category
                                                           rating to have instructional privileges consistent
                                                           with those afforded to ATP certificate holders with
                                                           airplane and helicopter ratings.
Crewmember experience and minimum  91.1053(a)(2)(i)        Requires that type rating for PIC operating
 equipment list requirements for   91.1115(b)(1)           powered-lift in program operations under subpart K of
 program aircraft.                                         part 91 not be limited to VFR only.
                                                           Adds powered-lift and other aircraft to
                                                           regulation prescribing instruments and equipment that
                                                           may not be included in the Minimum Equipment List.
PIC qualifications for certain     135.243(a)              Adds requirement to hold an ATP certificate
 part 135 passenger-carrying                               with a powered-lift category rating and an
 operations.                                               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.
PIC qualifications to conduct VFR  135.243(b) and (c)      Requires the PIC of a part 135 VFR operation
 and IFR operations under part                             in a powered-lift to hold a commercial pilot
 135.                                                      certificate with appropriate category ratings, an
                                                           appropriate type rating not limited to VFR, and an
                                                           instrument-powered-lift rating or an ATP certificate
                                                           with a powered-lift category rating.
                                                           Requires the PIC of a part 135 IFR operation
                                                           in a powered-lift to hold a commercial pilot
                                                           certificate with appropriate category ratings, a type
                                                           rating for the aircraft not limited to VFR, and an
                                                           instrument-powered-lift rating or an ATP certificate
                                                           with a powered-lift category rating.
SIC qualifications under part 135  135.245(c)              Adds requirements for maintaining instrument
                                                           experience for powered-lift SICs that operate under
                                                           IFR.
Initial and recurrent pilot        135.293(a)(9), (b),     Adds testing requirement for powered-lift
 testing requirements in part 135   and (c)                pilots on specific procedures to recognize and avoid
 operations.                                               hazardous visibility conditions.
                                                           Adds competency check requirement to be
                                                           conducted in the type of powered-lift in which the
                                                           pilot will serve.
                                                           Requires competency check in a powered-lift
                                                           to include a demonstration of the pilot's ability to
                                                           maneuver the powered-lift solely by reference to
                                                           instruments; safely maneuver the powered-lift into
                                                           VMC following an inadvertent encounter with IMC; and,
                                                           for non-IFR-certificated powered-lift, requires
                                                           performance of maneuvers appropriate to the powered-
                                                           lift's installed equipment, the certificate holder's
                                                           operations specifications, and the operating
                                                           environment.
PIC instrument proficiency check   135.297(c)(1), (g)(3)   Modifies instrument proficiency check
 requirements under part 135.                              requirements to align powered-lift, rotorcraft, and
                                                           airplane PIC IPC requirements.
                                                           Modifies PIC IPC requirements when using
                                                           autopilot instead of an SIC in powered-lift and
                                                           rotorcraft, to align with IPC requirements when using
                                                           autopilot instead of an SIC in an airplane.
Training center certificate        142.11(d)(2)(iii)       Adds training specification requirements for
 holder training specifications.                           powered-lift flight simulators and flight training
                                                           devices.
Training center instructor         142.47(a)(5)(ii) and    Adds requirement that instructors providing
 eligibility requirements.          (c)(2)(ii)             instruction in flight simulators or flight training
                                                           devices that represent aircraft requiring a type
                                                           rating, or in a curriculum leading to an ATP
                                                           certificate or adding a rating to an ATP certificate,
                                                           meet the aeronautical experience requirements of Sec.
                                                             61.159, Sec.   61.161, or Sec.   61.163.
                                                           Clarifies scope of knowledge tests that
                                                           instructors must satisfactorily complete.
Training center instructor         142.53(b)(2)(i) and     Adds allowance for instructors instructing in
 training and testing               (b)(3)(i)              a flight simulator for an ATP certificate or type
 requirements.                                             rating to meet one of three requirements.
Flight instruction aircraft        142.57(c)               Adds exception for training centers to use
 requirements for training                                 aircraft with controls not easily reached from both
 centers.                                                  pilot stations if the certificate holder determines
                                                           the flight instruction can be conducted in a safe
                                                           manner.
----------------------------------------------------------------------------------------------------------------

VI. Operational Rules for Powered-Lift

A. Introduction

    The following sections detail the operational rules that the FAA
proposes to apply to powered-lift under the SFAR. Through the proposed
SFAR, the FAA would provide a pathway to integrate powered-lift
operations into parts 91, 97, 135, and 136. The FAA proposes to apply
specific airplane, rotorcraft, and helicopter rules to powered-lift as
appropriate.\331\
---------------------------------------------------------------------------

    \331\ The FAA notes that there are some inconsistencies in how
FAA regulations currently refer to ``rotorcraft'' versus
``helicopter.'' In this preamble, the FAA references the term that
is currently used in each regulation. In the future, the FAA may
propose standardizing the use of ``rotorcraft'' or ``helicopter.''
---------------------------------------------------------------------------

    Currently, parts 43, 91, 97, 135, and 136 contain certain
provisions applicable to aircraft, generally, and do

not specify applicability to a particular kind of aircraft (e.g.,
airplane, rotorcraft, or powered-lift). Accordingly, these provisions
are already applicable to powered-lift because powered-lift meet the
definition of aircraft in Sec.  1.1. In order to mitigate the safety
gaps that exist due to the absence of operational regulations
specifically applicable to powered-lift, the FAA proposes, through the
SFAR, to apply specific airplane, rotorcraft, and helicopter rules
contained in parts 43, 91, 97, 135, and 136 to powered-lift as
appropriate. The FAA conducted a comprehensive review of the
operational rules, taking into consideration the anticipated
capabilities of powered-lift and the lack of operational data. Each
rule was evaluated to determine whether the airplane or the rotorcraft/
helicopter provisions would maintain a level of safety for powered-lift
operations as is provided in the current rules. Based on this review,
the FAA asserts that the proposed provisions will maintain an
equivalent level of safety for operations conducted in powered-lift to
those conducted in airplanes, rotorcraft, or helicopters.
    In conducting its analysis, the FAA noted the hybrid nature of the
performance characteristics for powered-lift and reviewed the rules
that explicitly state airplane, rotorcraft, and helicopter. Powered-
lift have the ability to takeoff and land vertically like helicopters,
but also fly similar to an airplane. The FAA anticipates some powered-
lift may also be capable of conducting takeoff and landing operations
that depend on wing-borne lift, similar to an airplane. The FAA also
anticipates powered-lift operators will maximize the aircraft's unique
characteristics to conduct a range of different operations. These
operations will likely include low speed, short distance, and short
duration flights typically flown in helicopters; as well as longer,
faster, and higher altitude flights typically flown by airplanes. The
FAA reasons that while powered-lift have a range of performance
characteristics, the majority of the powered-lift flight time will be
during cruise operations. Moreover, when operating similar to a
helicopter, powered-lift may have substantial differences in
performance, transition times, and methods; and vary in their ability
to sustain hover, land at a heliport, or execute copter approaches. The
FAA acknowledges that the capability of every powered-lift may not be
captured or accommodated by the SFAR. However, the SFAR is a temporary
regulatory structure that allows the FAA time to draft permanent rules.
Ultimately, the FAA proposes rules it considers appropriate for
powered-lift based on risk and available data. The FAA seeks comment on
this approach for operational rules as temporarily applied to powered-
lift.
1. Aircraft References and Other Definitions in Section 1.1
    As discussed previously, the regulations under title 14 of the Code
of Federal Regulations that reference ``aircraft'' currently apply to
powered-lift. As a result, the FAA generally does not address
regulations pertaining to aircraft within the operational section of
this preamble. The FAA analyzed regulations that reference airplane,
rotorcraft, aircraft with propellers or rotors, helicopter, powerplant,
and engine to determine which of those regulations should apply to
powered-lift, in addition to the requirements already applicable to
``aircraft.''
    To enable powered-lift to conduct extended overwater operations and
to use heliports in those operations, the FAA proposes to apply the
``extended over-water operation'' and ``heliport'' definitions in Sec.
1.1 to powered-lift. ``Extended over-water operation'' for helicopters
is defined as ``an operation over water at a horizontal distance of
more than 50 nautical miles from the nearest shoreline and more than 50
nautical miles from an off-shore heliport structure.'' Section 1.1
defines ``heliport'' as ``an area of land, water, or structure used or
intended to be used for the landing and takeoff of helicopters.'' The
FAA recognizes that it has published interim guidance for vertiport
design, and industry is seeking use of existing infrastructure,
including heliports. The FAA is evaluating whether these structures
could be used with modification. The FAA proposes to enable operations
using heliports and solicits comments from industry on the viability of
this proposal. The FAA discusses this proposal in more detail in
sections VI.B and VI.D of this preamble.
2. Powerplant and Engine References
    Within the operational rules of this SFAR, the FAA generally does
not impose requirements based on the powerplant of the powered-lift.
For example, where a regulation refers to an aircraft powered by
turbines, the FAA takes the approach that such regulations should apply
to all powered-lift. The FAA anticipates that certain powerplants, such
as electric motors, may have equal or better performance in comparison
to internal combustion engines, which could lead to higher performance
capabilities, so in an abundance of caution, the FAA is generally
taking a more conservative approach and requiring that certain
operating regulations apply to all powered-lift, regardless of
powerplant. There are, however, some regulations where the FAA proposes
to apply certain regulations based on powerplant because those
regulations contain factors other than performance which trigger the
applicability of that particular regulation (e.g., the regulation is
powerplant specific to maintain the intent for noise abatement in
certain classes of airspace). In those instances, the FAA explains why
it proposes to retain the powerplant reference.
    Notably, as stated in section V.J of this preamble, at present, the
FAA does not anticipate the introduction of turbojet-powered powered-
lift into the civilian market. The FAA recognizes that in the Update to
Air Carrier Definitions NPRM, the FAA proposes amendments to
definitions to distinguish between powered-lift that are turbojet-
powered and those that are not for purposes of forecasting an
operational framework based on aircraft performance. The FAA also
references turbojet-powered powered-lift for purposes of proposing an
airman certification framework for pilots of those aircraft; however,
due to the lack of turbojet-powered powered-lift expected to enter the
civilian market during the term of this SFAR, it is appropriate for the
operating regulations to generally remain powerplant neutral at this
time.
    This proposed rule refers to powered-lift electric motors as
``engines.'' The FAA has previously determined that it is appropriate
to use the term ``engine'' for powered-lift electric motors to remain
consistent with regulatory references to ``engines'' and to ensure the
appropriate regulations apply to powered-lift.\332\ In addition, the
FAA does not impose requirements specifically for ``multiengine''
powered-lift, even though many regulations within parts 91, 135, and
136 reference ``multiengine'' airplanes and aircraft.\333\ The FAA
acknowledges that currently all civil powered-lift coming to market are
multiengine aircraft, and it does not anticipate civil single-engine
powered-lift to be developed during the term of this SFAR. Accordingly,
to reduce redundancy and to ensure the

regulations apply as intended, the FAA applies multiengine regulations
to all powered-lift.
---------------------------------------------------------------------------

    \332\ The FAA issued the first special conditions for an
electric engine in September 2021. See Special Conditions: magiX
USA, Inc., magni350 and magni650 Model Engines; Electric Engine
Airworthiness Standards, 86 FR 53508 (Sep. 27, 2021).
    \333\ See, e.g., Sec. Sec.  91.501 (applying the operational
requirements of subpart F to turbine-powered multiengine airplanes)
and 135.152 (requiring FDRs on certain multiengine, turbine-engine
powered airplanes).
---------------------------------------------------------------------------

3. Flight Modes
    The operational rules of this SFAR refer to two flight modes: wing-
borne flight mode and vertical-lift flight mode. Wing-borne flight mode
refers to powered-lift that are operating more like traditional
airplanes, which use a wing to generate lift and depend exclusively or
partially on nonrotating airfoil(s) for lift during takeoff, landing,
or horizontal flight. Vertical-lift flight mode refers to powered-lift
that are operating like traditional rotorcraft, which are capable of
vertical takeoff, vertical landing, and low speed flight; and depend
principally on engine-driven lift devices or engine thrust for lift.
4. Incorporation by Reference
    Incorporation by reference (IBR) is a mechanism that allows Federal
agencies to comply with the requirements of the Administrative
Procedure Act to publish rules in the Federal Register and the CFR by
referring to material published elsewhere.\334\ Material that is
incorporated by reference has the same legal status as if it were
published in full in the Federal Register. The standards referenced in
this rule include technical information and specifications for
equipment and capabilities required to meet terrain awareness and
warning systems and helicopter terrain awareness and warning systems.
---------------------------------------------------------------------------

    \334\ See 5 U.S.C. 552(a) and 1 CFR part 51.
---------------------------------------------------------------------------

    The standards referenced in Sec. Sec.  194.109, 194.302, 194.307,
and 194.308 of this proposed rule are proposed to be incorporated by
reference with the approval of the Director of the Office of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
    1. TSO-C194, Helicopter Terrain Awareness and Warning System (Dec.
17, 2008). This TSO contains the minimum performance standards the
helicopter terrain awareness and warning system must meet for approval
and identification with the TSO marking. It may be obtained from the
U.S. Department of Transportation, Subsequent Distribution Office, DOT
Warehouse M30, Ardmore East Business Center, 3341 Q 75th Avenue,
Landover, MD 20785; telephone<PHONE_NUMBER>. It is also available on
the FAA's website at www.faa.gov/aircraft/air_cert/design_approvals/tso/. Select the link ``Search Technical Standard Orders.''
    2. Section 2, Equipment Performance Requirements and Test
Procedures, of RTCA DO-309, Minimum Operational Performance Standards
(MOPS) for Helicopter Terrain Awareness and Warning System (HTAWS)
Airborne Equipment (Mar. 13, 2008). Section 2 of RTCA DO-309 contains
the equipment performance requirements and test procedures for
Helicopter Terrain Awareness and Warning Systems. It may be obtained
from RTCA, Inc., 1150 18th St. NW, Suite 910, Washington, DC 20036;
telephone<PHONE_NUMBER>; website: www.rtca.org/products.
    In accordance with 5 U.S.C. 552(a) and 1 CFR part 51,\335\ all
approved materials are available for inspection at the FAA's Office of
Rulemaking, 800 Independence Avenue SW, Washington, DC 20590 (telephone
(202) 267-9677).
---------------------------------------------------------------------------

    \335\ 5 U.S.C. 552(a) requires that matter incorporated by
reference be ``reasonably available'' as a condition of its
eligibility. Further, 1 CFR 51.5(a)(1) requires that agencies
seeking to incorporate material by reference discuss in the preamble
of the proposed rule the ways that the material it is incorporating
by reference is reasonably available to interested parties and how
interested parties can obtain the material.
---------------------------------------------------------------------------

B. Part 91 Rules for Powered-Lift

    Part 91 prescribes flight rules governing the operation of aircraft
within the U.S., including the waters within 3 nautical miles of the
U.S. coast.\336\ Part 91 establishes broad requirements for aircraft
operators, aircraft equipment, and aircraft maintenance, and
specifically references powered-lift in subpart K. The references to
powered-lift were added to part 91 in 2003 as part of the fractional
ownership amendments.\337\ At the time of the fractional ownership
amendments to part 91, the FAA did not consider it necessary to address
powered-lift throughout part 91 because powered-lift were not available
for civil operations. As a result, powered-lift were not included as a
type of aircraft in part 91, and the part 91 operational rules that are
based on category or class of aircraft do not apply to powered-lift.
---------------------------------------------------------------------------

    \336\ The FAA notes that in addition to part 91 regulating the
operation of aircraft within 3 nautical miles of the U.S. coast,
certain part 91 regulations apply to persons operating aircraft over
waters between 3 and 12 nautical miles from the U.S. coast. See 14
CFR. 91.1(b).
    \337\ Regulation of Fractional Aircraft Ownership Programs and
On-Demand Operations; Final Rule, 68 FR 54520 (Sep. 17, 2003).
---------------------------------------------------------------------------

    The FAA limits the scope of this SFAR to include only the relevant
operational rules in 14 CFR part 91, subparts A through H \338\ and K.
Applying the specific airplane or helicopter rules from these subparts
will provide an appropriate level of safety for powered-lift
operations. Regulations from subparts I, J, L, M, and N \339\ are not
addressed in this SFAR because they apply to aircraft generally, and
thus already apply to powered-lift, or because they apply to a distinct
class of aircraft to which powered-lift do not belong.
---------------------------------------------------------------------------

    \338\ Subparts A through H address general operating rules
flight rules; equipment instrument and certificate requirements;
special flight operations, maintenance, preventive maintenance and
alteration, large and turbine-powered multiengine airplanes and
fractional ownership program aircraft; and additional equipment and
operating requirements for large and transport category aircraft,
respectively.
    \339\ See subpart I, Operating Noise Limits; subpart J, Waivers;
subpart L, Continued Airworthiness and Safety Improvements; subpart
M, Special Federal Aviation Regulations; and subpart N, Mitsubishi
MU-2B Series Special Training, Experience, and Operating
Requirements.
---------------------------------------------------------------------------

    The discussion that follows explains the proposed application of
specific part 91 regulations to powered-lift, as reflected by the
tables contained in proposed Sec. Sec.  194.302 and 194.303. These
provisions are organized by subpart in the rule. As an additional note,
Sec.  91.905 has a list of specific regulations that are subject to
waiver, as described in Sec.  91.903. Powered-lift operators may also
apply for waivers from those provisions if they cannot comply with the
requirements subject to waiver, including those modified by the SFAR,
or, if the provision is not subject to waiver, the operator may seek an
exemption.
1. Subpart A--General Requirements
    Subpart A prescribes rules governing the operation of aircraft
within the U.S., including the waters within 3 nautical miles of the
U.S. coast.\340\ The provisions are applicable to all aircraft
operating in the NAS, unless specifically excepted, such as for
aircraft governed by part 103 or 107.
---------------------------------------------------------------------------

    \340\ As previously mentioned, in addition to part 91 regulating
the operation of aircraft within 3 nautical miles of the U.S. coast,
certain part 91 regulations apply to persons operating aircraft over
waters between 3 and 12 nautical miles from the U.S. coast. See 14
CFR. 91.1(b).
---------------------------------------------------------------------------

    The proposed SFAR addresses only one section of subpart A, Sec.
91.9. Paragraphs (a) and (b) of Sec.  91.9 specify the requirements for
complying with the operating limitations in an approved Airplane or
Rotorcraft Flight Manual, and requirements for maintaining the Airplane
or Rotorcraft Flight Manual in the aircraft, as appropriate to the
aircraft. The FAA proposes in Sec.  194.302(a) to apply the requirement
to comply with the operating limitations of the aircraft's approved
flight manual to powered-lift and to maintain the flight manual in the
powered-lift. The FAA expects such aircraft to have an Aircraft Flight
Manual approved through the airworthiness certification process, just
as with airplane and rotorcraft certification and intends for powered-

lift operators to comply with the manual requirements in this section,
as is the case for airplanes and rotorcraft. The FAA also proposes a
permanent amendment to Sec.  91.1(d) to change the term ``airplane'' to
``aircraft'' because these provisions apply to all aircraft.
2. Subpart B--Flight Rules
    Subpart B prescribes the flight rules governing the operation of
aircraft within the U.S. and within 12 nautical miles from the coast of
the U.S. This subpart primarily imposes requirements on all
``aircraft,'' which, as mentioned previously, already apply to powered-
lift.
i. General
    Section 91.103--Preflight action--contains the requirement for a
PIC to be familiar with all available information concerning that
flight. This information must include takeoff and landing distance data
as specified in an approved Airplane or Rotorcraft Flight Manual. The
FAA proposes that powered-lift with an Aircraft Flight Manual approved
through the aircraft certification process in part 21 comply with the
provisions in Sec.  91.103. The FAA has determined that the requirement
to be familiar with the takeoff and landing distance data in the
manual, as set forth in paragraph (b), would also be applicable to
powered-lift, as reflected in proposed Sec.  194.302(b). Powered-lift
are expected to takeoff and land similar to either an airplane or
rotorcraft, depending on flight mode, and the distances referenced in
this section would also be relevant for powered-lift operators to
familiarizes themselves with.
    Section 91.107 describes the use of safety belts, shoulder
harnesses, and child restraint systems. Specifically, it requires that
each person onboard an aircraft operated under part 91 occupy an
approved seat or berth with a separate safety belt and, if installed,
shoulder harness properly secured about the person during movement on
the surface, takeoff, and landing. For seaplane and float-equipped
rotorcraft operations during movement on the surface, this section
excepts the person pushing off the seaplane or rotorcraft from a dock
and the person mooring the seaplane or rotorcraft at a dock from the
preceding seating and safety belt requirements.
    In 1992, the FAA published a final rule \341\ revising Sec.  91.107
and acknowledged that it would be impossible to moor or launch a
seaplane or a float-equipped rotorcraft unless a pilot or passenger has
their safety belt or shoulder harness unfastened so that they can
vacate their seat for the purpose of launching or mooring the seaplane
or float equipped rotorcraft. The FAA proposes in Sec.  194.302(c) to
apply the same exception to powered-lift when the powered-lift is
operating like a seaplane or float-equipped rotorcraft. A pilot or
passenger would also have to push a powered-lift conducting operations
similar to a seaplane or float-equipped rotorcraft off a dock or moor a
powered-lift to a dock. Accordingly, the exception contained in Sec.
91.107(a)(3) would be appropriate to apply in such situations so that
those individuals can push-off or moor an aircraft without violating
the requirement to remain harnessed.
---------------------------------------------------------------------------

    \341\ Miscellaneous Operational Amendments, 57 FR 42671 (Sep.
15, 1992).
---------------------------------------------------------------------------

    Section 91.113 prescribes the rule for converging aircraft based on
category and type of operation (e.g., towing). Under Sec.  91.113(d),
when aircraft of the same category are converging at approximately the
same altitude (except head-on, or nearly so), the aircraft to the
other's right has the right-of-way. When the aircraft are of different
categories, Sec.  91.113(d)(1) through (3) establishes a hierarchy
giving priority to balloons, then gliders, followed by airships, and
then to airplanes and rotorcraft. An aircraft that is towing or
refueling other aircraft has right-of-way over all other engine-driven
aircraft. The FAA emphasized aircraft maneuverability when establishing
the right-of-way hierarchy for converging aircraft in Sec.
91.113(d)(1) through (3). The preamble for the original right-of-way
rule states ``an aircraft will give way to another of a different class
which is less maneuverable and is unable to take as effective action to
avoid collision.'' \342\
---------------------------------------------------------------------------

    \342\ See 12 FR 5547 at 5548 (Aug. 16, 1947), Civil Aeronautics
Board Air Traffic Rule, note to Sec.  60.104, later codified at 14
CFR 91.113.
---------------------------------------------------------------------------

    The FAA proposes in Sec.  194.302(d) that powered-lift comply with
the airplane provisions in this paragraph and yield right-of-way as
prescribed in this section. For example, if a powered-lift is
converging with an airplane, the aircraft to the right would have the
right of way. The FAA proposes powered-lift, airplanes, and rotorcraft
should be grouped in the same right-of-way category. The proposed
approach is consistent with the FAA's historical prioritization of
maneuverability for right-of-way considerations, and with the original
purpose of the rule, which was to require more maneuverable aircraft
give way to less maneuverable aircraft.
    Section 91.119 prescribes the minimum safe altitude (MSA) for
aircraft operations. This section establishes less restrictive minima
for helicopters, with helicopters being allowed to operate below the
minimum altitudes prescribed in Sec.  91.119(b) and (c) in certain
circumstances. The justification for allowing helicopters to operate
below minimum altitudes was based on helicopter performance capability.
In the preamble \343\ to the original MSA rule, the FAA stated that the
rule recognizes the helicopter special flight characteristics which can
accomplish an emergency landing within a relatively small space.
However, if a helicopter is flown over a congested area at less than
1,000 feet above the highest obstacle, the pilot is required to fly
with due regard to places where an emergency landing can be made safely
and to maintain an altitude along the flight path from which such an
emergency landing can be affected at any time.
---------------------------------------------------------------------------

    \343\ Id.
---------------------------------------------------------------------------

    Helicopter maneuverability and autorotation capability after an
engine failure were key factors in the FAA's decision to allow
helicopter operations below MSA. Likewise, the FAA considered, for
purposes of this proposal, whether powered-lift with helicopter
characteristics should also be allowed to conduct operations below MSA.
    Some powered-lift may not have autorotation capability, while other
powered-lift may lose significant altitude while transitioning the
aircraft rotors to a vertical position suitable for autorotation. 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 helicopters. Although some powered-lift
may be capable of performing an emergency autorotation into a more
confined space, the FAA anticipates that additional altitude would
increase the chances of a successful outcome without undue hazard to
persons or property on the surface. Accordingly, the FAA is not
proposing to apply the helicopter minimum altitude requirements of
Sec.  91.119 to powered-lift. The FAA anticipates learning more about
powered-lift operational capabilities and commonalities during the term
of the proposed SFAR.
    Section 91.126(b) describes directions of turns when approaching to
land at an airport without an operating control tower in Class G
airspace. The FAA anticipates that some powered-lift will

transition much like a helicopter, from forward flight (wing-borne
flight mode) to vertical flight (vertical-lift flight mode) upon
entering the traffic pattern to land.\344\ The FAA proposes in Sec.
194.302(e) to apply the airplane provisions detailed in Sec.
91.126(b)(1) when the operator of the powered-lift intends to land in
wing-borne flight mode, which is how an airplane lands. The FAA
proposes in Sec.  194.303(b) to apply the helicopter provisions
detailed in Sec.  91.126(b)(2) to powered-lift when the powered-lift
intends to land in vertical-flight mode. This proposal would provide
the flexibility for powered-lift operators capable of landing in
vertical-flight mode to approach to land at most helicopter pads while
avoiding the flow of fixed-wing aircraft. This application of the rule
gives flexibility to the novel capabilities of powered-lift while
maintaining an appropriate level of operational safety by using the
standard traffic pattern flow at airports without operating control
towers.
---------------------------------------------------------------------------

    \344\ When approaching to land at an airport without an
operating control tower in Class G airspace. 14 CFR 91.126(b).
---------------------------------------------------------------------------

    Section 91.126(c) outlines the final flap settings required for
turbojet-powered airplanes as outlined in the Airplane Flight Manual.
Specifically, it requires the PIC of a civil turbojet-powered aircraft
to use, as a final flap setting, the minimum certificated landing flap
setting set forth in the approved performance information in the
Airplane Flight Manual for the applicable conditions. Paragraph (c)
uses the term turbojet-powered aircraft; however, the history of this
rule indicates it was intended for turbojet-powered airplanes
only.\345\ Furthermore, the FAA is not aware of any turbojet-powered
powered-lift currently in the certification process, nor are any
anticipated during the term of this SFAR. The FAA understands that some
powered-lift utilize automatic flap settings. Requiring a powered-lift
to transition out of its automatic settings creates opportunities for
error which could inhibit a safe landing. To ensure that powered-lift
can land safely at airports in Class G airspace, the FAA does not
propose to apply this paragraph to powered-lift.
---------------------------------------------------------------------------

    \345\ In a 1989 proposed rulemaking updating airspace
classifications, the FAA inadvertently included reference to
``aircraft'' in the first sentence of paragraph (c) (then, Sec.
91.85(b)), but the remainder of the paragraph refers to
``airplane''. See Airspace Reclassification, NPRM, 54 FR 42916,
42929 (Oct. 18, 1989).
---------------------------------------------------------------------------

    Section 91.129 provides requirements for operations in Class D
airspace. The provisions of Sec.  91.129(a) through (d), (g)(1), and
(i) refer to aircraft, and accordingly are already applicable to
powered-lift. However, paragraphs (e)(1) and (2) require minimum
altitudes when operating to an airport in Class D airspace in large or
turbine-powered airplanes. Under the existing rule of paragraph (e)(1),
unless required by the applicable distance-from-cloud criteria, each
pilot operating a large or turbine-powered airplane must enter the
traffic pattern at an altitude of at least 1,500 feet above the
elevation of the airport and maintain at least 1,500 feet until further
descent is required for a safe landing. For paragraph (e)(2), a pilot
operating a large or turbine-powered airplane approaching to land on a
runway served by an instrument approach procedure with vertical
guidance, if the airplane is so equipped, must operate that airplane at
an altitude at or above the glide path between the published final
approach fix and the decision altitude (DA), or decision height (DH),
as applicable; or if compliance with the applicable distance-from-cloud
criteria requires glide path interception closer in, operate that
airplane at or above the glide path, between the point of interception
of glide path and the DA or the DH. The FAA promulgated these
particular requirements to address noise abatement concerns related to
large and turbine-powered airplanes.\346\ In order to remain consistent
with this established agency policy for powered-lift operations that
are likely to result in similar noise due to size and powerplant, the
FAA proposes in Sec.  194.302(f) that large \347\ or turbine-powered
powered-lift comply with paragraphs (e)(1) and (2). The FAA anticipates
that for large and turbine-powered powered-lift, compliance with these
requirements will be necessary for adequate noise abatement within
Class D airspace.
---------------------------------------------------------------------------

    \346\ Noise Abatement Rules, 32 FR 15422 (Nov. 4, 1967), Noise
Abatement Rules, 32 FR 5559 (Apr. 5, 1967).
    \347\ Large aircraft are defined in Sec.  1.1 as weighing more
than 12,500 pounds, maximum certificated takeoff weight.
---------------------------------------------------------------------------

    For paragraph (e)(3), a pilot operating an airplane approaching to
land on a runway served by a visual approach slope indicator (VASI)
must operate that airplane at an altitude at or above the glide path
until a lower altitude is necessary for a safe landing. The requirement
for all airplanes to remain at or above the glide path provides an
additional measure of safety such as obstacle clearance to airplanes
during their approach. The FAA proposes in Sec.  194.302(g) that
powered-lift intending to land in wing-borne flight mode comply with
this provision of paragraph (e)(3) to ensure adequate obstacle
clearance is maintained during the approach. For those powered-lift
intending to land in the vertical mode, the FAA anticipates they will
be flying more slowly than when in wing-borne flight mode and able to
maneuver similar to a helicopter and accordingly, compliance with this
provision would not be required.
    Section 91.129(f) imposes requirements for approaches except when
conducting circling approaches under part 97 for airplanes and
helicopters. The FAA anticipates that powered-lift will often
transition from forward flight (wing-borne flight mode) to vertical
flight (vertical-lift flight mode) upon entering the traffic pattern to
land much like a traditional helicopter. The FAA proposes in Sec.
194.302(h) that powered-lift comply with the airplane rule in Sec.
91.129(f)(1) when the powered-lift is intending to land in wing-borne
flight mode. When the operator of the powered-lift intends to land in
vertical-flight mode, the powered-lift shall comply with the helicopter
provisions detailed in Sec.  91.129(f)(2). This application of the rule
gives flexibility to the novel capabilities of powered-lift while
maintaining operational safety by using the standard traffic pattern
flow at airports. The requirements of Sec.  91.129(f)(1) and (2) do not
apply to powered-lift conducting a circling approach under part 97
because a circling approach may have specific procedures established or
turns may be requested by ATC to ensure safety in the traffic pattern.
    Section 91.129(g)(2) requires that, unless otherwise required by
the prescribed departure procedure for that airport or the applicable
distance from clouds criteria, each pilot of a turbine-powered airplane
and each pilot of a large airplane must climb to an altitude of 1,500
feet above the surface as rapidly as practicable. The FAA proposes in
Sec.  194.302(f) that large or turbine-powered powered-lift also comply
with this requirement, to ensure that powered-lift will be operated at
an equivalent level of safety to existing large or turbine-powered
airplanes. This requirement will also provide adequate terrain
clearance and improved noise abatement for these powered-lift and is
consistent with previous rulemakings that established the 1,500 feet
altitude requirement for noise abatement purposes.\348\
---------------------------------------------------------------------------

    \348\ Noise Abatement Rules, 32 FR 15417, 15422 (Nov. 4, 1967).

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

    For runway usage requirements, the FAA proposes in Sec.  194.302(f)
that large or turbine-powered powered-lift comply with Sec.  91.129(h),
which states that where a formal runway use program has been
established by the FAA, each pilot of a large or turbine-powered
airplane assigned a noise abatement runway by ATC must use that runway.
However, consistent with the final authority of the PIC concerning the
safe operation of the aircraft as prescribed in Sec.  91.3(a), ATC may
assign a different runway if requested by the pilot in the interest of
safety. This requirement is consistent with previously established FAA
policy regarding noise abatement and operational safety,\349\ and the
FAA considers this requirement to be appropriate for powered-lift
operations to ensure adequate noise abatement.
---------------------------------------------------------------------------

    \349\ Airspace Reclassification, 54 FR 42916 (Oct. 18, 1989).
---------------------------------------------------------------------------

    Section 91.131 contains rules governing operations in Class B
airspace. Paragraph (a)(2) of this section requires that each person
operating a large turbine-engine powered airplane to or from a primary
airport for which Class B airspace area is designated must operate at
or above the designated floor of the Class B airspace while within the
lateral limits of that area.
    The FAA proposes in Sec.  194.302(i) that Sec.  91.131(a)(2) apply
to large powered-lift regardless of powerplant type. When operating to
or from a primary airport within Class B airspace, the FAA expects the
performance characteristics of a large powered-lift to be similar to a
large turbine-engine powered airplane. Compliance with Sec.
91.131(a)(2) will ensure the safe and efficient flow of air traffic
within this high-traffic airspace and ensure that large powered-lift
remain deconflicted from smaller aircraft that may be operating under
the Class B airspace and not receiving air traffic services. Finally,
the proposed approach is the most conservative application of this rule
and is consistent with FAA initiatives to effectively manage and
segregate high-performance aircraft from other air traffic.\350\
---------------------------------------------------------------------------

    \350\ See Transponder with Automatic Altitude Reporting
Capability Requirement, 53 FR 23356, 23363 (June 21, 1988).
Discussion of FAA's ``Keep 'em High Program'' as an effective method
for segregating high-performance aircraft from other traffic.
---------------------------------------------------------------------------

ii. Visual Flight Rules
    Section 91.151 prescribes fuel requirements for flight in VFR
conditions. The regulation requires airplanes to carry a 30-minute fuel
reserve for daytime operations, and a 45-minute fuel reserve for
nighttime operations. In contrast, rotorcraft only require a 20-minute
fuel reserve regardless of whether the operation occurs during the day
or night. The FAA expanded the fuel reserve requirements in the 1970s
following an increase in fuel exhaustion accidents in VFR
operations.\351\ The stated goal was to prevent future fuel exhaustion
accidents. The FAA also noted that the airplane fuel reserve
requirements were necessary for night VFR due to the distance between
adequately lit airports. For powered-lift, the FAA proposes in Sec.
194.302(j), that powered-lift comply with the airplane reserve
requirements in Sec.  91.151(a) because the FAA lacks powered-lift
operational data to support use of the less restrictive rotorcraft fuel
reserve. This approach is consistent with the FAA's overall approach
throughout this proposed SFAR, until such time as the FAA has
information to validate a less conservative approach.
---------------------------------------------------------------------------

    \351\ General Operating and Flight Rules and Related
Airworthiness Standards and Crewmember Training, 43 FR 46230, 46231
(Oct. 5, 1978).
---------------------------------------------------------------------------

    The FAA is aware that the use of the term ``fuel'' rather than the
term ``energy'' could lead individuals to reach the conclusion that
this term excludes electric propulsion systems. In a prior rulemaking,
the FAA stated it did not intend to preclude the certification of
electric propulsion systems or other non-fossil-fuel-based propulsion
systems, such as provided by carbon-based fuels or electrical
potential, and the FAA maintains that position in this SFAR.\352\ The
term ``fuel systems'' also includes a means of storage for the
electrical energy provided (e.g., batteries that provide energy to an
electric motor) or devices that generate energy for propulsion (e.g.,
solar panels or fuel cells).\353\
---------------------------------------------------------------------------

    \352\ See Revision of Airworthiness Standards for Normal,
Utility, Acrobatic, and Commuter Category Airplanes, 81 FR 96640-
96641 (Dec. 30, 2016).
    \353\ For example, Sec.  91.205(b)(9), which refers to a
``[f]uel gauge indicating the quantity of fuel in each tank.'' In
instances such as this, the electric battery that stores the energy
would be equivalent to the fuel tank.
---------------------------------------------------------------------------

    Sections 91.155 and 91.157 prescribe basic VFR and special VFR
weather requirements. Under these rules, helicopter operations are
permitted at lower weather minima than other aircraft because
helicopters operate at lower altitudes and slower airspeeds. In a 1963
rulemaking, the FAA provided different weather minima for helicopters
than for airplanes and explained that when a helicopter is below 1,200
feet above the surface at a speed that allows the pilot adequate
opportunity to see any air traffic or other obstruction in time to
avoid a collision, those circumstances form an adequate basis to impose
a lower visibility minimum.\354\
---------------------------------------------------------------------------

    \354\ Air Traffic and General Operating Rules; Definitions and
Abbreviations, 28 FR 6704 (Jun. 29, 1963).
---------------------------------------------------------------------------

    When explaining the intent of Sec.  91.155, the FAA stated that a
helicopter pilot need only remain clear of clouds, regardless of flight
visibility, because ``[h]elicopters have the ability to operate at
lower speeds and with a significantly higher degree of maneuverability
than airplanes. These qualities allow a helicopter to be operated at
lower visibility and cloud clearance distances while maintaining the
same degree of safety as fixed-wing aircraft flying under more
restrictive minima.'' \355\
---------------------------------------------------------------------------

    \355\ Inapplicability of Basic VFR Weather Minimums for
Helicopter Operations, 56 FR 48088 (Sep. 23, 1991).
---------------------------------------------------------------------------

    While powered-lift possess some helicopter performance
characteristics, these characteristics vary widely across the range of
powered-lift and are typically related to the takeoff and landing
portions of the flight. During cruise operations, powered-lift perform
similar to an airplane, operating at high speeds and possibly without
the ability to maneuver as quickly as a helicopter to avoid a collision
with other traffic or obstacles. Therefore, based on the forgoing, this
SFAR proposes in Sec.  194.302(k) that powered-lift operating in Class
G airspace comply with the same weather minima prescribed in Sec.
91.155(b)(2) for airplanes in such airspace because the airplane-
specific requirements in this section provide the appropriate level of
risk mitigation for powered-lift operations. Weather minima generic to
all aircraft in this section also continue to apply to powered-lift.
    Section 91.157 provides the conditions under which special VFR
weather minima may be conducted. The majority of this section applies
to all aircraft except for paragraphs (b)(3) and (4) which are specific
to helicopters. For the reasons described in the previous paragraphs,
this SFAR will not incorporate these helicopter exceptions for powered-
lift. The FAA proposes to continue to require powered-lift to comply
with the requirements applicable to all aircraft in this section.
iii. Instrument Flight Rules
    Section 91.167 prescribes the fuel requirements for flight in IFR
conditions. Under this rule, helicopter operations are permitted with
lower fuel minima. Section 91.167 requires aircraft to carry a 45-
minute fuel reserve and helicopters to carry a 30-minute fuel reserve.
The FAA has determined that

powered-lift should initially have a 45-minute fuel reserve, consistent
with aircraft requirements. The 30-minute fuel reserve requirement for
helicopters was initially granted under SFAR No. 29.\356\ Operations
under SFAR No. 29 gave the FAA insight to make a safety and risk
analysis enabling SFAR No. 29 to be codified in Sec. Sec.  91.167 and
135.223. The final rule language for Sec.  91.167(a)(3), and similarly
for Sec.  135.223, noted that the FAA had gained sufficient experience
with operations conducted under SFAR No. 29 to justify a reduction for
minimum fuel reserve requirements for helicopters.\357\ At this time,
the FAA does not have sufficient experience to reduce minima for
powered-lift fuel requirements. Accordingly, consistent with the
previous approach the FAA took to evaluate and ultimately to lessen
minima for helicopters, the FAA will retain the 45-minute fuel reserve
requirement applicable to all aircraft for powered-lift while the FAA
obtains data during the term of this SFAR. The FAA may reevaluate the
45-minute fuel reserve requirement once it has sufficient data to do
so.
---------------------------------------------------------------------------

    \356\ The FAA promulgated SFAR No. 29 in 1975 to allow the
Administrator to issue approvals for rotorcraft IFR operations on an
interim basis pending the conclusion of a study to determine whether
the FAA should establish a ``limited'' IFR category for these
rotorcraft, including flight characteristics and equipment
requirements, operating procedures and limitations, flight crew
requirements, and training requirements. See FAA Study of Limited
IFR Operations in Rotorcraft, 40 FR 2420 (Jan. 13, 1975).
    \357\ Rotorcraft Regulatory Review Program Amendment No. 5;
Operations and Maintenance, 51 FR 40695 (Nov. 7, 1986).
---------------------------------------------------------------------------

    Under Sec.  91.167, for operations in weather conditions that
require an alternate airport to be identified, no person may operate in
IFR flight unless the aircraft has adequate fuel to fly to the first
airport of intended landing and to the alternate airport and still have
a 45-minute fuel reserve. In accordance with Sec.  91.167(b)(2)(i) for
aircraft other than helicopters, when the appropriate weather reports
indicate that at least 1 hour before and for 1 hour after the estimated
time of arrival, the ceiling will be at least 2,000 feet above the
airport elevation and the visibility will be at least 3 statute miles,
the fuel reserve necessary to fly to the alternate airport is not
required. As explained previously, the FAA does not currently have the
operational experience with powered-lift fuel reserves to allow them to
utilize the helicopter minima in this section. As a result, the FAA
does not propose changes to the current applicability of Sec.
91.167(b)(2)(i), which requires that powered-lift comply with the
requirements imposed on aircraft other than helicopters, to ensure an
appropriate level of risk mitigation for these new entrant aircraft.
    Section 91.169 prescribes the information required for filing an
IFR flight plan. Under this rule, helicopter operations are permitted
to use lower weather minima before an alternate must be filed because
helicopters operate at lower altitudes and slower airspeeds. The final
rule language for Sec.  91.169 recognizes the differences in operating
characteristics between rotorcraft and airplanes.\358\ Rotorcraft fly
shorter distances at slower airspeeds than most other aircraft, carry
less fuel than an airplane, and generally remain in the air for shorter
periods of time between landings. As a result, once a rotorcraft is in
a weather system, it is often more difficult for the rotorcraft to fly
out of that system to an alternate destination because the rotorcraft
has less range capability than an airplane. However, the FAA
anticipates powered-lift will generally fly at higher speeds than many
rotorcraft and have the ability to maneuver out of a weather system to
an alternate destination. The FAA will continue to require powered-lift
to comply with the provisions of Sec.  91.169(b)(2)(i) and (c)(1)(i) as
written for aircraft other than helicopters and will plan to evaluate
this determination during the term of this SFAR.
---------------------------------------------------------------------------

    \358\ Flight Plan Requirements for Helicopter Operations Under
Instrument Flight Rules, 65 FR 3546 (Jan. 21, 2000).
---------------------------------------------------------------------------

    Section 91.175 governs takeoff and landing under IFR. Section
91.175(f)(2)(i) and (ii) applies to powered-lift as written because
those paragraphs are applicable to all aircraft. At this time, the FAA
does not have sufficient experience with powered-lift to allow takeoff
operations at the lower weather minima prescribed for helicopters. The
FAA considers this approach to be consistent with previous rulemakings
where, at initial inception, helicopter operational requirements
aligned with airplane operational requirements until sufficient data
were available.\359\
---------------------------------------------------------------------------

    \359\ For example, Sec. Sec.  91.119 (Minimum safe altitudes:
General) and 91.151 (Fuel requirements for flight in VFR conditions)
both had requirements identical to airplanes at initial inception
which were subsequently relaxed following helicopter operational
experience.
---------------------------------------------------------------------------

    Section 91.175(f)(4)(i) requires airplanes operating under part 121
or 135 to comply with the takeoff obstacle clearance or avoidance
procedures contained in subpart I of part 121 or subpart I of part 135,
as applicable, for IFR takeoffs. Accordingly, the FAA proposes in Sec.
194.302(l) that any powered-lift that would be required to comply with
the provisions of subpart I of part 135, as proposed in section VI.D of
this preamble, must also comply with the provisions of this paragraph.
3. Subparts C and D--Equipment, Instrument, and Certificate
Requirements and Special Flight Operations
    Subpart C prescribes the equipment, instrument, and certificate
requirements for aircraft. As previously described, powered-lift are
already required to comply with provisions applicable to aircraft. The
airplane regulations the FAA proposes to apply to powered-lift in this
subpart impose certain equipment requirements that the FAA has
determined are necessary to provide an adequate level of safety for
powered-lift operations.
    Section 91.205 states that no person may operate a powered civil
aircraft with a standard category U.S. airworthiness certificate in VFR
day or night, IFR, at or above 24,000 feet, in Category II or III
operations, or in night vision goggle operations, unless the aircraft
contains instruments and equipment specified in this section (or FAA-
approved equivalents). Section 91.205(a) references aircraft, but there
are also airplane-specific provisions set forth in Sec.  91.205(b)(11)
and (14).\360\
---------------------------------------------------------------------------

    \360\ As noted earlier in the fuel requirements section, Sec.
91.205(b)(9) references a ``[f]uel gauge indicating the quantity of
fuel in each tank.'' Because the FAA considers ``fuel'' to include
any form of energy used by an engine or powerplant installation,
including via electrical potential, the electric battery that stores
the energy would be equivalent to the fuel tank under Sec.
91.205(b)(9).
---------------------------------------------------------------------------

    Section 91.205(b)(11) requires that small civil airplanes
certificated after March 11, 1996, in accordance with part 23, have
installed an aviation red or aviation white anticollision light system.
The requirement to have an anticollision light system is necessary in
order to provide sufficient time for other aircraft to avoid a
collision. This requirement invokes the latest airworthiness
requirements for all airplanes regardless of type certification date.
For powered-lift that meet the definition of small aircraft in Sec.
1.1, the FAA proposes in Sec.  194.302(m) that the position and anti-
collision lights meet the requirement set forth in Sec.  23.2530(b),
which states that any position and anti-collision lights, if required
by part 91, would be required to have the intensities, flash rate,
colors, fields of coverage, and other characteristics to provide
sufficient time for another aircraft to avoid a collision. The FAA
proposes that this requirement apply to small powered-lift to provide

an equivalent level of safety to that of small airplanes, and to ensure
that those powered-lift have an adequate anticollision lighting system
that provides sufficient time for another aircraft to avoid a
collision.
    Paragraph (b)(14) in Sec.  91.205 requires that small civil
airplanes certificated after December 12, 1986, have an installed and
approved shoulder harness or restraint system for all seats. The FAA
proposes in Sec.  194.302(m) that small powered-lift also require the
installation of an approved shoulder harness or restraint system for
all seats, also to provide an equivalent level of safety to small
airplanes. The FAA is also proposing that large powered-lift be
required to be equipped with shoulder harnesses in accordance with
Sec.  91.521, as discussed further in VI.B of this preamble.
    Paragraph (d) of Sec.  91.205 prescribes instruments and equipment
requirements for IFR flight. Under Sec.  91.205(d)(3), an aircraft must
have installed a gyroscopic rate-of-turn indicator unless the aircraft
is equipped with a third attitude instrument system installed as
provided in Sec.  121.305(j). For airplanes, the third attitude
instrument system installed must be usable through flight attitudes of
360 degrees of pitch and roll. For rotorcraft, the third attitude
instrument system installed must be usable through flight attitudes of
80 degrees of pitch and 120 degrees of roll.
The FAA anticipates that some powered-lift may be capable of exceeding
80 degrees of pitch and/or 120 degrees of roll. Therefore, the FAA
proposes in Sec.  194.302(n) that all powered-lift approved for IFR
during type certification \361\ would be required to comply with the
airplane provisions in Sec.  91.205(d)(3)(i) for IFR flight, which
require the installation of either a gyroscopic rate-of-turn indicator
or a third attitude instrument system usable through flight attitudes
of 360 degrees of pitch and roll. The FAA considers the airplane rule
to be appropriate for powered-lift to ensure that the powered-lift are
equipped to recover from any inadvertent flight attitude encountered.
---------------------------------------------------------------------------

    \361\ The FAA acknowledges that most powered-lift initial type
certification projects are for VFR approval. However, the FAA
anticipates that powered-lift operators will seek IFR approval in
the future.
---------------------------------------------------------------------------

    Section 91.207 requires an emergency locator transmitter (ELT) for
airplane operations. An ELT is used to facilitate search and rescue
efforts in locating downed aircraft. The ability to locate powered-lift
in the event of a crash is essential for reaching survivors as quickly
as possible and potentially saving lives. The FAA considers this to be
a necessary requirement for powered-lift, particularly as a new entrant
aircraft with no civil operational history. Accordingly, the FAA
proposes applying Sec.  91.207 to powered-lift in Sec.  194.302(o).
    Section 91.213 provides limitations on operations with inoperative
instruments and equipment as well as relief for operations with
inoperative instruments and equipment for aircraft with and without an
approved Minimum Equipment List (MEL). Section 91.213(d) provides
specific relief for an aircraft without an approved Minimum Equipment
List (MEL). The FAA evaluated whether to propose that powered-lift be
allowed to operate without an approved MEL; however, the complexity of
the new technology coupled with the lack of operational data supports
the application of a conservative MEL approach. Accordingly, the FAA
does not propose to apply the provisions set forth in Sec.  91.213(d)
to powered-lift.
    Section 91.215 describes ATC transponder and altitude reporting
equipment and use. Section 91.215(b) states that no person may operate
an aircraft in the airspace described in paragraphs (b)(1) through (5)
of this section unless that aircraft is equipped with an operable coded
radar beacon transponder. The FAA anticipates that all new entrant
powered-lift will have a substantial electrical system; however, it may
be powered from batteries and not an engine-driven system. The FAA
notes that Sec.  91.215(b)(3) and (5) allow aircraft to operate without
a transponder if they were certificated without an engine-driven
electrical system. The FAA acknowledges that some powered-lift may be
certificated without engine-driven electrical systems but does not
consider it appropriate to provide relief to new entrant powered-lift
because transponders provide critical information, such as aircraft
position, speed, and altitude to ATC for aircraft separation.
Therefore, the FAA proposes in Sec.  194.305 that all powered-lift be
equipped with an operable coded radar beacon transponder as required in
Sec.  91.215(b)(1), (2), and (4).
    Section 91.219 prohibits the operation of a turbojet-powered U.S.-
registered civil airplane unless that airplane is equipped with an
approved altitude alerting system or device. This rule was adopted by
the FAA in 2007, allowing flexibility in accommodating technological
advances.\362\ In a performance-based NAS, operational flexibility
depends upon many factors including the performance capability of the
aircraft, communication and navigation equipment, the availability of
the communication and navigation facilities along the route to be
flown, and the performance capabilities of those (communication and
navigation) facilities that are made available for use by air traffic
management service providers. Turbojet-powered airplanes operate within
reduced vertical-separation minimum (RVSM) airspace, often within
congested airspace, and in close proximity to other fast-moving
aircraft. As a new entrant aircraft, the FAA considers it essential
that powered-lift operations are conducted in a manner that capitalizes
on existing technological capabilities that improve safety and
facilitate collision avoidance in the NAS. The FAA previously
determined that an altitude alerting system or device is necessary for
turbojet-powered civil airplanes because lack of altitude awareness is
accentuated by the high rates of climb and descent.\363\ The FAA
anticipates that this reasoning also applies to all powered-lift
because of their high-performance capabilities, regardless of
powerplant type. Accordingly, this SFAR proposes in Sec.  194.302(p)
that all powered-lift comply with the altitude alerting requirements
under Sec.  91.219.
---------------------------------------------------------------------------

    \362\ Area Navigation (RNAV) and Miscellaneous Amendments, 72 FR
31661 (Jun. 7, 2007).
    \363\ Turbojet Powered Civil Airplanes, 32 FR 19191 (Dec. 20,
1967).
---------------------------------------------------------------------------

    Section 91.223 prohibits the operation of a turbine-powered U.S.-
registered airplane configured with six or more passenger seats,
excluding any pilot seat, unless that airplane is equipped with an
approved terrain awareness and warning system (TAWS). TAWS provides
turbine-powered airplanes operating at or near maximum prescribed
speeds in close proximity to the ground with early warning of threats
from terrain. This early warning allows pilots to react by reducing the
time required to perceive these threats.
    Powered-lift have the ability to operate similarly to both
airplanes and helicopters, so, individually, the current TAWS and HTAWS
are not a perfect solution for powered-lift due to each equipment's
capabilities and limitations. The FAA considered both TAWS and HTAWS
and determined that the current HTAWS specification would provide the
best level of safety because HTAWS has a different alerting envelope
than TAWS and is designed for low altitude operations, thereby reducing
the risk of nuisance alerts.\364\ Although there is no specification
yet

developed that incorporates the features of both TAWS and HTAWS in a
single unit, the FAA is proposing to allow a hybrid system in a
powered-lift that utilizes the features of a TAWS A system for wing-
borne flight and HTAWS for vertical flight modes of operation for
compliance with Sec.  91.223. Without a TAWS A/HTAWS hybrid system, the
FAA considers the current HTAWS specification would provide the best
level of safety without an undue number of nuisance warnings. The FAA
proposes in Sec.  194.302(q) that all powered-lift--regardless of
powerplant type--with 6 or more seats be equipped with an HTAWS system
that meets the Technical Standard Order (TSO) C194 or an FAA-approved
TAWS A/HTAWS hybrid system.
---------------------------------------------------------------------------

    \364\ For further discussion on TAWS nuisance alerts, see
section VI.D of this preamble discussing Sec.  135.154.
---------------------------------------------------------------------------

    In addition, the FAA proposes in Sec.  194.302(q) that powered-lift
comply with Sec.  91.223(c), which imposes a requirement for a manual
containing appropriate procedures on the use of terrain awareness
equipment and the proper flight crew reactions in response to a TAWS
activation. Because the FAA is proposing to apply Sec.  91.223, but
with HTAWS or a hybrid Class A/HTAWS system, the FAA proposes applying
paragraph (c) to powered-lift, thereby requiring their Aircraft Flight
Manual to contain the appropriate HTAWS or hybrid system procedures.
This will ensure powered-lift equipped with HTAWS or a FAA approved
TAWS A/HTAWS hybrid system are operated at a level of safety that a
terrain awareness system currently provides for airplanes. Finally, the
FAA notes that the exceptions in Sec.  91.223(d) for certain
parachuting operations, firefighting, and aerial application of
chemicals and other substances also apply to powered-lift.\365\
---------------------------------------------------------------------------

    \365\ Terrain Awareness and Warning System; Final Rule, 65 FR
16735 (Mar. 29, 2000).
---------------------------------------------------------------------------

    Section 91.313 prescribes operating limitations for restricted
category civil aircraft. Paragraphs (a) through (e) apply to powered-
lift because they apply to all restricted category aircraft. Section
91.313(f) is not applicable to powered-lift because powered-lift are
not currently authorized to conduct operations under part 133. Section
91.313(g) requires small restricted-category airplanes to be equipped
with a shoulder harness or restraint system for each front seat. For
the same reasons as discussed regarding applicability of Sec.
91.205(b)(14), the FAA proposes in Sec.  194.302(r) that restricted
category small powered-lift require the installation of an approved
shoulder harness or restraint system for all seats to provide an
adequate level of safety for powered-lift operations.
4. Subpart E--Maintenance, Preventive Maintenance, and Alterations
    Subpart E prescribes rules governing the maintenance, preventive
maintenance, and alterations of U.S.-registered civil aircraft
operating within or outside the U.S. The majority of provisions in
Subpart E already apply to powered-lift as they apply to aircraft
generally (i.e., Sec. Sec.  91.401, 91.403, 91.405, 91.407, 91.413,
91.415, 91.417, 91.419 and 91.421).
    Section 91.409 prescribes inspection programs to ensure that the
aircraft is airworthy. The term and regulations for the issuance of a
standard airworthiness certificate describe two conditions that must be
met for the aircraft to be considered airworthy. The first condition is
that the aircraft must conform to its type design or properly altered
condition. Conformity to an aircraft's type design is considered
attained when the aircraft configuration and the components installed
are consistent with the drawings, specifications, and other data that
are part of the Type Certificate Data Sheet (TCDS). The second
condition is the aircraft must be in a condition for safe operation--
this refers to the state and condition of the aircraft. Paragraphs (a),
(b), and (d) of Sec.  91.409 require an annual, 100-hour or progressive
inspection and are applicable to all aircraft except those that fall
under the exceptions provided in paragraph (c). Paragraphs (e) through
(h) of Sec.  91.409 set forth inspection requirements for more larger
aircraft and aircraft with more complex aircraft systems which are more
stringent than those provided under paragraphs (a), (b), and (d).
Aircraft described in paragraph (e) may only fly when all the systems
work in tandem and do not fly if the systems work independently of each
other.
    Because paragraphs (e) through (h) apply to more complex aircraft,
the FAA proposes in Sec.  194.302(s) that these paragraphs apply to
technically advanced powered-lift (TAPL), which the FAA proposes to
define in this SFAR for purposes of compliance with Sec.  91.409 as a
powered-lift that is equipped with an electronically advanced system in
which the pilot interfaces with a multi-computer system with increasing
levels of automation in order to aviate, navigate, or communicate, only
for purposes of compliance with this section.
    A powered-lift that is considered a TAPL would be equipped with an
electronically advanced multi-computer system that includes one or more
of the following installed components: (1) an electronic Primary Flight
Display (PFD) that includes, at a minimum, an airspeed indicator, turn
coordinator, attitude indicator, heading indicator, altimeter, and
vertical speed indicator; (2) an electronic Multifunction Display (MFD)
that includes, at a minimum, a moving map using Global Positioning
System (GPS) navigation with the aircraft position displayed; (3) a
multi-axis autopilot integrated with the navigation and heading
guidance system; and (4) an advanced fly-by-wire-flight control system
that utilizes electronically operated controls with no direct
mechanical link from the pilot to the control surfaces. The display
elements described in (1) and (2) must be continuously visible to
ensure that the essential aircraft information is displayed and
available to the pilot during all phases of flight.\366\ The PFD is a
display that provides increased situational awareness to the pilot by
replacing the traditional six instruments used for instrument flight
with an easy-to-scan single display that provides the horizon,
airspeed, altitude, vertical speed, trend, trim, and rate of turn among
other key relevant indications. In addition, the PFD is designed
specific to controlling the TAPL attitude and altitude relative to the
horizon and the surface of the earth, especially when outside
visibility is poor or unavailable. The MFD is a display that provides
information to the pilot in numerous configurable methods. Often, an
MFD will be used in concert with a PFD. The MFD has a different
priority; its function is secondary to the PFD. The MFD will have an
integrated multi-axis autopilot, navigation, and position awareness
information, even though it may include some PFD features for
redundancy. The FAA proposes requiring certain minimum display elements
for both a PFD and MFD, clarifying what will be considered a PFD or
MFD.
---------------------------------------------------------------------------

    \366\ An example of an electronically advanced system includes
an integrated flight control and navigation system.
---------------------------------------------------------------------------

    The FAA proposes that the described characteristics define TAPL
because they will allow the FAA to distinguish between complex and less
complex powered-lift and thereby determine which inspection program
applies. The FAA will determine whether the powered-lift meets the
requirements of a TAPL and it will be indicated in the operator's
inspection program documents. Powered-lift that are not considered
technically advanced under the definition used for compliance with
Sec.  91.409 within this SFAR must

continue to comply with paragraphs (a), (b), and (d) because those
provisions apply to ``aircraft''.
    Section 91.411 prescribes the requirements for altimeter system and
altitude reporting equipment tests and inspections. The regulation
describes the inspection, authorized personnel, and standard for
altimeter system equipment used in an airplane or helicopter operation
in controlled airspace under IFR. Specifically, paragraph (a) prohibits
a person from operating an airplane or helicopter in controlled
airspace under IFR unless the static pressure system, altimeter
instrument, and automatic pressure altitude reporting system have been
tested, inspected, and found to comply with specific requirements
outlined in appendices E and F to Part 43.\367\ Paragraph (b) specifies
that the testing conducted pursuant to paragraph (a) must be conducted
by the manufacturer of the aircraft, a certificated repair station
properly equipped to perform the testing, or a certificated mechanic
with an airframe rating. Paragraph (c) states that altimeter and
altitude reporting equipment approved under TSOs are considered to be
tested and inspected as of the date of manufacture. Finally, paragraph
(d) prohibits any person from operating an airplane or helicopter in
controlled airspace under IFR above the maximum altitude at which all
altimeters and the automatic altitude reporting system of that aircraft
have been tested.
---------------------------------------------------------------------------

    \367\ Appendix E outlines requirements for testing and
inspecting the altimeter system, and appendix F outlines the
requirements for testing and inspecting ATC transponders.
---------------------------------------------------------------------------

    Currently, this section is silent on powered-lift; however, the FAA
proposes in Sec.  194.302(t) to apply this regulation to powered-lift
because it currently applies to both airplanes and helicopters, without
differentiation. Powered-lift are new entrant aircraft, and as a
result, the FAA does not have sufficient information regarding the
operations of all the different powered-lift in development to
determine that Sec.  91.411 should not apply, especially considering
its current applicability to both airplanes and helicopters. Proposed
application of this regulation ensures a minimum level of safety for
operations and maintenance of powered-lift. Properly maintaining,
testing, and inspecting powered-lift is vital to the safe operation of
these aircraft.
5. Subpart F--Large and Turbine-Powered Multiengine Airplanes and
Fractional Ownership Program Aircraft
    Subpart F governs the operation of U.S.-registered large airplanes,
U.S.-registered turbojet-powered multiengine civil airplanes, and U.S.-
registered fractional ownership program aircraft operating under
subpart K and not involved in common carriage. While technically
subpart F currently applies to all powered-lift that would be used in a
fractional ownership program, the FAA has determined that it should
also propose to apply subpart F to large powered-lift regardless of
powerplant type because other types of engines may be developed and
installed on powered-lift that are not necessarily internal combustion
engines. The FAA further notes that certain powerplants such as
electric engines may have equal or better performance in comparison to
internal combustion engines and may be used on powered-lift, which
could have higher performance capabilities and should be captured by
subpart F regardless of their propulsion type.
    The FAA anticipates that U.S.-registered large powered-lift will
operate like large airplanes with respect to altitude, speed, passenger
carrying capacity, passenger safety, composition of flightcrew,
operating environment (e.g., over water), and required safety and
rescue equipment. To meet the higher level of airworthiness and
operational standards and to enhance safety, the FAA proposes in Sec.
194.302(u) to capture large powered-lift in the applicability section
of Sec.  91.501, regardless of powerplant type, system of aircraft
ownership, or ownership interest. Because all powered-lift are
multiengine,\368\ the FAA does not propose to apply subpart F to
``multiengine powered-lift'', as that would be overly inclusive and
impose the subpart F regulatory requirements on all powered-lift.
---------------------------------------------------------------------------

    \368\ See section VI.A of this preamble, discussing multiengine
powered-lift.
---------------------------------------------------------------------------

    Section 91.503 describes flying equipment and operating information
for airplanes under subpart F. The FAA proposes in Sec.  194.302(v)
that this section apply to powered-lift because the FAA anticipates
that powered-lift will be used in passenger-carrying operations highly
similar to airplanes. Flying equipment and operating information is
equally important for both airplanes and powered-lift. The FAA proposes
to apply the safety standards required in this section to powered-lift.
However, Sec.  91.503(a)(5) references one-engine inoperative climb
performance data. The engine out performance data presented may differ
depending on the aircraft configuration and should not be limited to
only ``one-engine inoperative'' because some powered-lift have six or
more engines and may be able to continue flight after failure of one or
more engines. The FAA proposes that powered-lift have an approved
aircraft flight manual at the pilot station that contains the engine or
multiple engines inoperative climb performance data in accordance with
Sec.  91.503(a)(5).
    Section 91.505 imposes requirements to be familiar with the
emergency equipment installed on the airplane to which a crewmember is
assigned and with the procedures to be followed for the use of that
equipment in an emergency situation. The crewmember must also be
familiar with the Airplane Flight Manual for that airplane, if one is
required, and with any placards, listings, instrument markings, or any
combination thereof, containing each operating limitation prescribed
for that airplane by the Administrator, including those specified in
Sec.  91.9(b). The FAA proposes in Sec.  194.302(w) that Sec.  91.505
apply to powered-lift because, as stated previously, the FAA expects
powered-lift to be used in passenger-carrying operations similar to
airplanes. Familiarity with emergency equipment is equally important
for both airplanes and powered-lift. Accordingly, the FAA proposes to
apply the safety standards required in Sec.  91.505 to powered-lift. In
addition, the FAA proposes that references to ``Airplane Flight
Manual'' apply to powered-lift to the extent that they have an Aircraft
Flight Manual approved through the certification process.
    Section 91.507 states that no person may operate an airplane over-
the-top or at night under VFR unless that airplane is equipped with the
instruments and equipment required for IFR operations under Sec.
91.205(d) and one electric landing light for night operations. Each
required instrument and item of equipment must be in operable
condition. The FAA anticipates that powered-lift will conduct over-the-
top and night VFR operations in a manner similar to airplanes and will
need the same equipment as airplanes to conduct these operations
safely. The FAA proposes in Sec.  194.302(x) that powered-lift comply
with the equipment requirements in this section.
    Section 91.509(a) prescribes the requirements for overwater
operations in airplanes. It provides that no person may takeoff an
airplane for a flight over water more than 50 nautical miles from the
nearest shore unless the airplane is equipped with a life preserver or

approved flotation means for each occupant of the airplane. Powered-
lift perform similar to airplanes during extended over-water
operations, but with VTOL capability. For helicopters, the definition
of extended over-water operations includes both an operation over water
at a horizontal distance of more than 50 nautical miles from the
nearest shoreline and more than 50 nautical miles from an off-shore
heliport structure. Powered-lift have the capability to land on these
off-shore heliport structures in an emergency. The FAA proposes in
Sec.  194.302(y) that powered-lift meet the requirements of Sec.
91.509(a) requiring a life preserver or an approved flotation means for
each occupant of the powered-lift according to the helicopter specific
definition of extended over-water operations. Further, the FAA proposes
in Sec.  194.302(y)(1) that when applying this rule to powered-lift,
the 50 nautical mile limit may be measured from either the nearest
shore or the nearest off-shore heliport structure in accordance with
the definition of extended over-water operations for helicopters in
Sec.  1.1.
    The FAA proposes a similar approach in Sec.  194.302(y) with the
application of Sec.  91.509(b) to powered-lift. Section 91.509(b)
states that no person may take off an airplane for flight over water
more than 30 minutes flying time or 100 nautical miles from the nearest
shore, whichever is less, unless it has onboard specified survival
equipment. As stated previously, the FAA determined that the vertical
landing capability of powered-lift should be considered in evaluating
the applicability of this rule. Powered-lift have the capability to
land on off-shore heliport structures in an emergency. Accordingly, the
FAA proposes that when applying Sec.  91.509(b) to powered-lift, the
FAA proposes in Sec.  194.302(y)(1) to apply the limits of this
paragraph as 30 minutes, or 100 nautical miles from the nearest
shoreline, or 100 nautical miles from the nearest off-shore heliport
structure, whichever is less, consistent with the application of the
definition of extended over-water operations for helicopters discussed
in the previous paragraph.
    Section 91.509(b)(5) specifically requires a lifeline to be stowed
in accordance with Sec.  25.1411(g). The lifeline must be in an obvious
location, directly accessible, and protected from inadvertent damage.
Additionally, Sec.  25.1411(g) imposes requirements pertaining to the
location where a lifeline must be attached to an airplane and arranged
to enable the airplane occupants to remain on the wing after ditching.
This requirement is based on a typical large airplane configuration
where standing on the wing or walking on the wing to an emergency raft
would be feasible while awaiting rescue. The FAA acknowledges that
powered-lift currently undergoing certification are not configured in
this manner because these powered-lift do not have a configuration
where standing or walking on the wing would be feasible. However, the
FAA anticipates that powered-lift may be developed in the future that
are capable and certified for ditching and with a wing or comparable
structure suitable for evacuation. Accordingly, the FAA proposes in
Sec.  194.302(y)(2) that powered-lift subject to the requirements of
subpart F will be required to comply with Sec.  25.1411(g) or other
airworthiness requirements established in accordance with Sec.
21.17(b) that provide an equivalent level of safety for powered-lift,
as reflected in the proposed regulatory text.
    Section 91.511 describes requirements for communication and
navigation equipment for overwater operations. Paragraph (a) states
that no person may take off an airplane for a flight over water more
than 30 minutes flying time or 100 nautical miles from the nearest
shore unless it has at least the operable radio communication and
electronic navigation equipment described in the rule. The ability to
contact emergency or rescue services in the event of an offshore
ditching is a critical safety requirement for all aircraft.
Accordingly, the FAA proposes in Sec.  194.302(z) to require powered-
lift to comply with Sec.  91.511 for overwater operations that are more
than 30 minutes or 100 nautical miles from the nearest shore or off-
shore heliport structure, whichever is less, consistent with the
rationale provided in the previous paragraphs for Sec.  91.509(a) and
(b).
    Section 91.513 describes requirements for emergency equipment for
airplanes, such as fire extinguishers, first aid kits, and megaphones.
The FAA anticipates that powered-lift will conduct passenger carrying
operations where this type of equipment would be necessary in an
emergency situation. The FAA considers emergency equipment to be
equally important for both airplanes and powered-lift; accordingly, the
FAA proposes in Sec.  194.302(aa) to apply the safety standards
required in this section to powered-lift.
    Section 91.515 prescribes flight altitudes for airplanes operating
under VFR. The flight altitudes are designed to ensure adequate terrain
clearance from any mountain, hill, or other obstruction to flight for
day and night operations. These collision avoidance mitigations are
equally important for powered-lift, which the FAA expects would be
conducting operations similar to the airplanes that must comply with
subpart F. Therefore, the FAA proposes to apply the minimum flight
altitudes in Sec.  91.515 to powered-lift in Sec.  194.302(bb).
    Section 91.517 describes passenger information and signage
displaying the use of seatbelts and non-smoking requirements. Notifying
passengers and crew when smoking is prohibited and when safety belts
must be fastened is important information to be conveyed to ensure that
passenger carrying operations are conducted safely. The importance of
conveying this information is the same for both airplanes and powered-
lift. As a result, the FAA proposes in Sec.  194.302(cc) that powered-
lift comply with the information and signage display requirements in
Sec.  91.517. Similarly, Sec.  91.519 describes passenger briefings for
the use of seatbelts and non-smoking requirements. The FAA proposes in
Sec.  194.302(dd) that Sec.  91.519 also apply to powered-lift because
passenger briefings for seatbelt use and smoking are equally important
for airplane and powered-lift passenger carrying operations.
    The FAA proposes that Sec.  91.521 would be applicable to large
powered-lift subject to the operating requirements of subpart F.
Specifically, the SFAR proposes that those powered-lift be equipped
with a shoulder harness that meets the applicable requirements
specified in Sec.  25.785 or such airworthiness criteria as the FAA may
find provide an equivalent level of safety in accordance with Sec.
21.17(b). The rule is designed to prevent head injuries and is
necessary to provide the same level of safety for passenger-carrying
operations powered-lift operations as exists in the current rules for
airplanes. Therefore, the FAA proposes in Sec.  194.302(ee) that large
powered-lift comply with the safety equipment requirements for
airplanes in this section. As discussed previously, the FAA is applying
certain regulatory requirements applicable to transport category
airplanes, such as this one, to large powered-lift in the absence of a
uniform transport category standard for powered-lift.
    Section 91.523 imposes requirements regarding how carry-on baggage
is stored on airplanes with a seating capacity of more than 19
passengers. For baggage stowage and restraining devices, the baggage
may be stored in a storage compartment as provided in Sec.  91.525, or
it may be stored under a passenger seat in such a way that it will not
slide forward under crash impacts severe enough to induce the ultimate
inertia forces specified in

Sec.  25.561(b)(3).\370\ Restraining devices must also limit sideward
motion of under-seat baggage and be designed to withstand crash impacts
severe enough to induce sideward forces specified in Sec.
25.561(b)(3). The FAA acknowledges that there are presently no powered-
lift with more than 19 seats undergoing certification However, the SFAR
proposes in Sec.  194.302(ff) that should these aircraft be developed,
they would be required to comply with Sec.  91.523, including the
safety equipment requirements specified in Sec.  25.561(b)(3) or
airworthiness criteria that the FAA may find provide an equivalent
level of safety in accordance with Sec.  21.17(b). Applying this
regulation to powered-lift with a seating capacity of more than 19
seats will ensure that carry-on baggage is stored safely on powered-
lift.
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    \370\ For a discussion of the type certification process for
powered-lift, see section IV.A of this preamble.
---------------------------------------------------------------------------

    Section 91.525 describes the requirements for the carriage of
cargo. The FAA proposes in Sec.  194.302(gg) that this section apply to
powered-lift as the FAA does not differentiate between airplanes and
powered-lift as it applies to the safety standards required by this
section. In the NPRM for Sec.  91.525 (previously codified at Sec.
91.203),\371\ the FAA proposed all cargo carried in a passenger
compartment be stored in bins, or cargo racks, unless stowed and
secured as provided in that section. The FAA considered such
requirements necessary to provide for the safety of the occupants in
the event of turbulence and to insure, to the extent possible, the
crashworthiness of the airplane. These considerations are also
applicable to carriage of cargo on powered-lift and thus, the FAA
proposes that this rule also apply to powered-lift operations.
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    \371\ Large and Turbine-Powered Multiengine Airplanes, 36 FR
19507, 19510 (Oct. 7, 1971).
---------------------------------------------------------------------------

    Section 91.527 describes the requirements for operations in icing
conditions. The FAA recognizes that adverse aerodynamic effects on
lifting surfaces begin as soon as frost, ice, or snow begin to adhere
to the surfaces.\372\ Paragraph (a) addresses ground operations and
states that no pilot may take off an airplane that has frost, ice, or
snow adhering to any propeller, windshield, stabilizing or control
surface; to a powerplant installation; or to an airspeed, altimeter,
rate of climb, or flight attitude instrument system or wing, except
that takeoffs may be made with frost under the wing in the area of the
fuel tanks if authorized by the FAA. Section 91.527 addresses airplanes
where lift is generated by the wings. Powered-lift may takeoff
vertically, but they may also transition to wing-borne flight after
takeoff. Powered-lift rely on lifting devices such as rotors during
vertical-lift flight mode and traditional airplane surfaces such as
wings during wing-borne flight. The FAA recognizes that in addition to
wings and control surfaces, powered-lift may have other surfaces that
are negatively impacted by frost, ice, or snow adhering to those
surfaces, such as rotor blades. These other surfaces are considered
critical surfaces, which the manufacturer will identify during
certification and which will be outlined in the Aircraft Flight Manual
for each powered-lift. Any frost, ice, or snow adhering to a ``critical
surface'' could have an adverse impact on the aircraft's ability to
operate safely. To ensure safe operation of powered-lift, all the items
listed in Sec.  91.527(a), as well as other critical surfaces as
determined by the manufacturer, must be clear from any contamination
adhering to their surfaces, including the vertical-lift flight mode
lifting devices. The FAA proposes in Sec.  194.302(hh) the requirements
of Sec.  91.527(a) apply to all powered-lift, including the vertical-
flight mode lifting devices.
---------------------------------------------------------------------------

    \372\ See Removal of Regulations Allowing for Polished Frost, 74
FR 62691 (Dec. 1, 2009).
---------------------------------------------------------------------------

    Section 91.527(b) prescribes rules for IFR flight into known or
forecast light or moderate icing conditions, or under VFR into known
light or moderate icing conditions unless certain conditions are met as
described below. Paragraph (b)(1) is applicable to aircraft, including
powered-lift, and requires that the aircraft has functioning deicing or
anti-icing equipment protecting each rotor blade, propeller,
windshield, wing, stabilizing or control surface, and each airspeed,
altimeter, rate of climb, or flight attitude instrument system.
Paragraphs (b)(2) and (3) are airplane-specific and the FAA does not
propose to apply those provisions to powered-lift. Instead, the FAA
proposes in Sec.  194.302(ii) that no pilot may fly a powered-lift
under IFR into known or forecast light or moderate icing conditions or
under VFR into known light or moderate icing conditions unless it has
been type certificated and appropriately equipped for operations in
icing conditions, as set forth in Sec.  194.308(i). Section 194.308(i)
requires powered-lift seeking certification to operate in known or
forecast light or moderate icing conditions would be required to have
procedures for the use of the ice protection equipment set forth in the
Aircraft Flight Manual.
    Section 91.527(c) prescribes the requirements for airplane
operations into known or forecast severe icing conditions. The FAA does
not have the operational data to support allowing powered-lift
operations in severe icing at this time. Accordingly, the FAA does not
propose to apply this regulation to powered-lift operations, and as a
result, powered-lift operations into known or forecast severe icing
conditions would be prohibited.
    Section 91.529 addresses flight engineer requirements. The FAA does
not propose application of this section to powered-lift because modern
aircraft are not designed to require a flight engineer.
    Section 91.531 describes SIC requirements for airplanes in subpart
F. Section 91.531(a) provides that, except as provided in paragraph (b)
of this section, no person may operate the following airplanes without
a pilot designated as SIC: (1) any airplane that is type certificated
for more than one required pilot; (2) any large airplane; and (3) any
commuter category airplane. A powered-lift certificated for more than
one pilot will be subject to the same safety considerations as
airplanes certificated for more than one pilot. Accordingly, the same
safety standards should apply and the FAA proposes in Sec.  194.302(jj)
that paragraph (a)(1) applies to powered-lift as written. Similarly,
the FAA codified the requirement to have a designated SIC for large
airplanes because of the need for an increased crew due to the
complexity of operating such aircraft. These standards likewise apply
to large powered-lift and, resultantly, the FAA proposes in Sec.
194.302(jj) to apply paragraph (a)(2) to powered-lift as written.
Lastly, the FAA proposes not to apply paragraph (a)(3) to powered-lift
because there are currently no commuter category powered-lift and no
new aircraft can be certificated for that category as there are no
longer any certification standards for commuter category aircraft
certification in the Federal Aviation Regulations. As powered-lift are
new-entrant aircraft, there is no way to certificate these powered-lift
as commuter aircraft.
    Section 91.531(b)(1) states that an airplane certificated for
operation with one pilot may be operated without a pilot designated as
SIC. Applying the airplane rule to powered-lift, as proposed in Sec.
194.302(jj), will ensure that the aircraft is operated in accordance
with its type certification basis for crew complement. This provides an
appropriate level of safety as it is consistent with the existing rule.
Next, Sec.  91.531(b)(2) prescribes that large airplanes or turbojet-
powered multiengine airplanes that hold a special airworthiness
certificate may operate without a designated SIC in certain
circumstances. For the reasons

stated in the applicability discussion of Sec.  91.501, the FAA
proposes in Sec.  194.302(jj) that Sec.  91.531(b)(2) apply to all
large powered-lift that hold a special airworthiness certificate and
meet the requirements of Sec.  91.531(b)(2)(i) and (ii), regardless of
powerplant type.
    Section 91.531(c) states no person may designate a pilot to serve
as SIC, nor may any pilot serve as SIC, of an airplane required under
this section to have two pilots unless that pilot meets the
qualifications for SIC prescribed in Sec.  61.55. Consistent with the
discussion in section V.D applying the SIC qualification requirements
of Sec.  61.55 to powered-lift pilots, Sec.  91.531(c) should also
apply to powered-lift to maintain the level of safety for powered-lift
as provided for airplanes. The FAA proposes that paragraph (c) apply to
powered-lift.
    Section 91.533 describes flight attendant requirements for
airplanes with more than 19 passengers. The FAA acknowledges that at
this time there are no powered-lift undergoing type certification with
more than 19 seats. However, the FAA recognizes that flight attendants
are critical for passenger safety, especially for inflight emergency
situations or where an emergency evacuation is required. The FAA
proposes in Sec.  194.302(kk) that this section apply to powered-lift
with more than 19 passengers onboard if they are certificated for civil
operations during the duration of the SFAR. This approach will provide
the same level of safety for powered-lift as is currently provided for
airplanes.
6. Subpart G--Additional Equipment and Operating Requirements for Large
and Transport Category Aircraft
    Subpart G, beginning with Sec.  91.601, applies to the operation of
large and transport category U.S.-registered civil aircraft and
specifies additional equipment and operating requirements. The FAA
anticipates that U.S.-registered large powered-lift will operate
similar to airplanes when considering altitude, speed, passenger
carrying capacity, passenger safety, composition of flight crew,
operating environment (e.g., over water), and required safety and
rescue equipment. For these reasons, the FAA does not differentiate
between airplanes and powered-lift when it relates to the safety
standards required by this section. The FAA proposes that the airplane
requirements contained in the following listed sections of this subpart
apply to large powered-lift in order to meet the higher level of
airworthiness and equipment standards for aircraft that will be
carrying larger amounts of passengers, and for the reasons described in
section IV.A of this preamble.
    Subpart G also contains airplane regulations that are subject to
certain airworthiness certification provisions. The FAA will determine
whether to apply the specific airworthiness requirement for the
equipment required by subpart G or other airworthiness criteria that
provide an equivalent level of safety the type certification process
under Sec.  21.17(b), as discussed previously regarding the
applicability of part 91 subpart F.
    Section 91.603, Aural speed warning device, requires that a
transport category airplane be equipped with an aural speed warning
device that complies with Sec.  25.1303(c)(1). The FAA proposes in
Sec.  194.302(ll) that this regulation apply to large powered-lift to
provide an equivalent level of safety to currently certificated
airplanes under Subchapter C airworthiness standards. Powered-lift
subject to Sec.  91.603 must be equipped with an aural speed warning