applicable to ``aircraft.'' Annex 2 defines aircraft as ``any machine
that can derive support in the atmosphere from the reactions of the air
other than the reactions of the air against the earth's surface.''
\500\ Given Annex 2's general application to aircraft, U.S. operators
would be able to conduct their operations over the high seas so long as
the PIC is operating in accordance with the Rules of the Air in Annex
2. However, U.S. air carriers seeking to operate powered-lift in
foreign airspace must follow the rules and regulations of those states.
---------------------------------------------------------------------------

    \500\ Annex 2 to the Convention on International Civil Aviation,
Rules of the Air, Definitions, 1-2 (Jul. 2005).
---------------------------------------------------------------------------

    Section 129.5(b) of title 14 requires foreign air carriers
conducting operations in the U.S. to conduct their operations in
accordance with the Standards in Annex 1 (Personnel Licensing); Annex 6
(Operation of Aircraft); part I (International Commercial Air
Transport--Aeroplanes) or part III (International Operations--
Helicopters), as appropriate; and in accordance with Annex 8
(Airworthiness of Aircraft) to the Convention on International Civil
Aviation. To ensure an adequate level of safety for part 129 operators,
the FAA issues operations specifications to identify restrictions,
limitations, and U.S. airspace requirements, including navigation
differences. Annex 6 currently does not contain standards for powered-
lift operations, consequently restricting the FAA's ability to propose
any changes to part 129 for foreign air carriers seeking to operate in
the U.S.\501\
---------------------------------------------------------------------------

    \501\ Operations specifications, 14 CFR 129.5(b).
---------------------------------------------------------------------------

C. Airworthiness of Aircraft

    Annex 8 does not address powered-lift airworthiness standards.
Because ICAO has declared Annex 8 as constituting the minimum standards
for the purpose of Article 33 of the Chicago Convention, it is not
clear whether the lack of ICAO standards would result in States not
recognizing another State's airworthiness certificate for a powered-
lift since no minimum international standards have been established. No

revision of ICAO Annex 8 design standards for powered-lift has been
initiated by ICAO. ICAO Document 10103, Guidance on the Implementation
of ICAO Standards and Recommended Practices for Tilt-rotors, sets forth
basic guidance relative to large turbine-powered tilt-rotors (a kind of
powered-lift); however, this document does not address electric-powered
tilt-rotors or other types of powered-lift.
    Under Sec.  21.17(b), the FAA designates powered-lift as special
class aircraft for type certification and applies airworthiness
criteria that meet an equivalent level of safety to the existing
airworthiness standards.\502\ In addition, these special class aircraft
are eligible for a standard airworthiness certificate under Sec.
21.183. As such, the FAA intends to apply airworthiness criteria for
powered-lift under Sec.  21.17(b) that comply with the intent of ICAO
Annex 8 to the Chicago Convention since design standards for these
aircraft have not yet been developed.
---------------------------------------------------------------------------

    \502\ For more information on the certification of powered-lift,
see section IV.A.
---------------------------------------------------------------------------

IX. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Order 12866 and Executive Order 13563, as amended by Executive Order
14094 (``Modernizing Regulatory Review'') direct that each Federal
agency shall propose or adopt a regulation only upon a reasoned
determination that the benefits of the intended regulation justify the
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354)
requires agencies to analyze the economic impact of regulatory changes
on small entities. Third, the Trade Agreements Act (Pub. L. 96-39)
prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. Fourth, the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies
to prepare a written assessment of the costs, benefits, and other
effects of proposed or final rules that include a Federal mandate that
may result in the expenditure by State, local, and tribal governments,
in the aggregate, or by the private sector, of $100 million or more
(adjusted annually for inflation) in any one year. The current
threshold after adjustment for inflation is $177 million using the most
current (2022) Implicit Price Deflator for the Gross Domestic Product.
The FAA has provided a detailed Regulatory Impact Analysis (RIA) in the
docket for this rulemaking. This portion of the preamble summarizes the
FAA's analysis of the economic impacts of this rule.
    In conducting these analyses, the FAA has determined that this
proposed rule: (1) will result in benefits that justify costs; (2) is
not an economically ``significant regulatory action'' as defined in
section 3(f) of Executive Order 12866; (3) will not create unnecessary
obstacles to the foreign commerce of the United States; and (4) will
not impose an unfunded mandate on State, local, or tribal governments,
or on the private sector.

A. Data and Assumptions

    This Special Federal Aviation Regulation proposes alternate
eligibility requirements to safely certificate initial groups of
powered-lift pilots, as well as determine which operating rules to
apply to powered-lift on a temporary basis to enable the FAA to gather
additional information and determine the most appropriate permanent
rulemaking path for these aircraft. The analysis for the regulatory
evaluation is based on the following assumptions and data sources.
     The FAA uses a 10-year time period of analysis.\503\ The
analysis uses 2022 constant dollars. Year 1 of the period of analysis,
which would correlate with the effective date of the proposed rule, is
used as the base year.
---------------------------------------------------------------------------

    \503\ In addition, the FAA acknowledges uncertainty in
estimating incremental impacts of this proposed rule since the FAA
has yet to type certificate a powered-lift.
---------------------------------------------------------------------------

     The analysis provides a range of costs from low to high.
The FAA considers the primary estimate of net impacts of the rule to be
the base scenario.
     It is estimated that it would cost an individual
approximately $22,124 to accomplish the training and testing required
for a type rating.\504\ The FAA believes that in many circumstances,
this training and testing would be at the expense of an operator using
powered-lift in its operations.
---------------------------------------------------------------------------

    \504\ The estimated cost for this provision is detailed in the
regulatory impact analysis prepared for this SFAR.
---------------------------------------------------------------------------

     Operational rules under parts 43, 91, 97, 135, and 136
that are applicable to aircraft continue to be applicable to powered-
lift because powered-lift meet the definition of an aircraft in Sec.
1.1. Otherwise, the more conservative airplane specific operational
rules will apply to powered-lift, with limited exceptions.
     The FAA uses a three percent and seven percent discount
rate to quantify present value costs and cost savings as prescribed by
OMB in Circular A-4. The pilot forecast below were used to estimate
costs of the proposed SFAR.\505\
---------------------------------------------------------------------------

    \505\ OMB Circular A-4, Regulatory Analysis (2003), https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/circulars/A4/a-4.pdf.
---------------------------------------------------------------------------

B. Summary of the Regulatory Impact Analysis

    The powered-lift currently undergoing the type certification
process are comparatively different compared to the powered-lift
proposed during the 1990's. Currently, manufacturers are proposing
aircraft and operations that were not conceptualized in the 1997
rulemaking that introduced the powered-lift category of aircraft into
the airmen certification rules. When these rules were introduced, it
was the FAA intention to initiate further rulemakings to develop
operational rules for powered-lift. However, these intentions never
came to fruition.
    If powered-lift were available for civil operations today, they
would not be subject to operating rules that are specific to an
aircraft category or class. Instead, the only rules that would apply
are the part 91 rules that are specific to ``aircraft.'' Through this
SFAR, the FAA seeks to provide operating rules applicable to powered-
lift and to provide a pathway for pilots to obtain powered-lift ratings
through alternate aeronautical experience requirements and expanded
logging provisions. The regulatory evaluation portion of this SFAR
evaluates the economic impact of the proposed amendments.
    The table below presents the regulations proposed by this rule on
an amendment-by-amendment basis. The first column of the table
identifies the affected part; the second column identifies the section
and/or paragraph being amended; and the last column identifies the
impact of the proposed change. The table is designed to quickly inform
the reader of the proposed change and its resulting impact. Amendments
with little to no impact are excluded from the table.

                   Table 11--SFAR--Proposed Amendments
------------------------------------------------------------------------
            Section               Proposed amendment         Impact
------------------------------------------------------------------------
Part 43--Maintenance,           Sec.   43.3(h) Persons  Provides relief
 Preventive Maintenance,         authorized to perform   to operators of
 Rebuilding, & Alterations.      maintenance,            powered-lift on
                                 preventive              a scale that is
                                 maintenance,            equivalent to
                                 rebuilding, and         the relief
                                 alterations.            provided to
                                                         operators of
                                                         rotorcraft.
                                Sec.   43.15(b)         Imposes a
                                 Additional              regulatory
                                 performance rules for   burden on
                                 inspections.            operators
                                                         conducting
                                                         powered-lift
                                                         operations on a
                                                         scale no
                                                         greater than
                                                         that imposed on
                                                         like operators
                                                         conducting
                                                         operations with
                                                         rotorcraft.
Part 91--General Operating and  Sec.   91.9(a)(b)       Imposes costs on
 Flight Rules.                   Civil aircraft flight   operators of
                                 manual.                 powered-lift on
                                Sec.   91.103(b)(1)      a scale
                                 Preflight action..      equivalent to
                                Sec.   91.109 Flight     costs imposed
                                 instruction;            on operators of
                                 Simulated instrument    airplanes or
                                 flight..                rotorcraft.
                                Sec.   91.151 Fuel
                                 requirements for
                                 flight in VFR
                                 conditions..
                                Sec.   91.167 Fuel
                                 requirements for
                                 flight in IFR
                                 conditions.
                                Sec.   91.205(b)(11)
                                 Anti-collision
                                 lights.
                                Sec.   91.205(b)(14)
                                 Shoulder harness,
                                 restraint system.
                                Sec.   91.207
                                 Emergency locator
                                 transmitters.
                                Sec.   91.215 ATC
                                 transponder and
                                 altitude reporting
                                 equipment and use.
                                Sec.   91.219 Altitude
                                 alerting system or
                                 device.
                                Sec.   91.223 Terrain
                                 awareness and
                                 warning.
                                Sec.   91.313 Shoulder
                                 harness, restraint
                                 system.
                                Sec.   91.409
                                 Inspection programs.
                                Sec.   91.411
                                 Altimeter system and
                                 altitude reporting.
                                Sec.   91.501
                                 Applicability.
                                Sec.   91.503 Flying
                                 equipment and
                                 operating
                                 information.
                                Sec.   91.505 Aircraft
                                 flight manual.
                                Sec.   91.507
                                 Equipment required
                                 for over-the-top or
                                 night VFR ops.
                                Sec.   91.509 Survival
                                 equipment.
                                Sec.   91.511
                                 Communications and
                                 navigation.
                                Sec.   91.513
                                 Emergency equipment.
                                Sec.   91.517
                                 Passenger
                                 information,
                                 seatbelts/non-
                                 smoking.
                                Sec.   91.519 Oral
                                 briefing.
                                Sec.   91.521 Safety
                                 equipment
                                 requirements.
                                Sec.   91.523
                                 Requirements for
                                 storage of carry-on
                                 baggage.
                                Sec.   91.525
                                 Requirements for
                                 storage of cargo.
                                Sec.   91.527
                                 Requirements for
                                 operating in icing
                                 conditions.
                                Sec.   91.529 Flight
                                 engineer
                                 requirements.
                                Sec.   91.531 Second-
                                 in-command
                                 requirements.
                                Sec.   91.533 Flight
                                 attendant
                                 requirements.
                                Sec.   91.603 Aural
                                 speed warning device.
                                Sec.   91.605
                                 Transport category
                                 civil airplane weight
                                 limitations.
                                Sec.   91.609 Flight
                                 data recorders and
                                 cockpit voice
                                 recorders.
                                Sec.   91.613
                                 Materials for
                                 compartment
                                 interiors.
                                Sec.   91.1041 Proving
                                 and validation tests.
                                Sec.   91.1045 HTAWS
                                 and thunderstorm
                                 detection equipment.
                                Sec.   91.1065 Initial
                                 and recurrent pilot
                                 testing requirements.
Part 91--General Operating and  Sec.   91.107(a)(3)     Provides relief
 Flight Rules.                   Use of restraint        to operators of
                                 systems                 powered-lift on
                                Sec.   91.205(d)(3)      a scale
                                 U.S. airworthiness      equivalent to
                                 certificates:           the relief
                                 Instrument and          provided to
                                 equipment               operators of
                                 requirements..          airplanes or
                                Sec.   91.213            rotorcraft.
                                 Inoperative
                                 instruments and
                                 equipment..
Part 91--General Operating and  Sec.   91.113(d)(2)     Imposes costs on
 Flight Rules.                   and (3) Right-of-way    operators of
                                 rules.                  powered-lift on
                                Sec.   91.126(b)(1)      a scale
                                 and (2) Operating in    equivalent to
                                 Class G: Direction of   costs imposed
                                 turns..                 on operators of
                                Sec.   91.129            airplanes or
                                 Operations in Class D   rotorcraft.
                                 airspace--approaches..
                                Sec.   91.131
                                 Operations in Class B
                                 airspace..
                                Sec.   91.155 Basic
                                 VFR weather minimums.
                                Sec.   91.157 Special
                                 VFR weather minimums.
                                Sec.   91.169 IFR
                                 flight plan:
                                 Information required.
                                Sec.   91.175 Takeoff
                                 and landing under
                                 IFR.
                                Sec.   91.515 Rules
                                 for appropriate
                                 flight altitudes.
                                Sec.   91.611
                                 Authorization for
                                 ferry flight with one
                                 engine--not allowed
                                 by SFAR.
                                Sec.   91.1037
                                 Limitations;
                                 destination and
                                 alternate airports.
                                Sec.   91.1039 IFR
                                 takeoff, approach and
                                 landing minimums.
                                Sec.   91.1055 Pilot
                                 operating limitations
                                 and pairing
                                 requirement.

Part 91.......................  Sec.   91.126(c)        Imposes a
                                 Operating in Class G    regulatory
                                 airspace--flap          burden on
                                 settings.               operators
                                Sec.   91.129            conducting
                                 Operations in Class D   powered-lift
                                 airspace--minimum       operations on a
                                 altitudes..             scale no
                                Sec.   91.129            greater than
                                 Operations in Class D   that imposed on
                                 airspace--departures..  like operators
                                Sec.   91.129            conducting
                                 Operations in Class D   operations with
                                 airspace--noise         airplanes or
                                 abatement..             rotorcraft.
Part 97--Standard Instrument    Sec.   97.3. Copter     Enabling.
 Procedures.                     procedures.
Part 135--Operating             Sec.   135.4            Imposes a
 Requirements Commuter and On-   Applicability of        regulatory
 Demand Operations and Rules     rules for eligible on-  burden on
 Governing Persons on Board      demand operations.      operators
 Such Aircraft.                 Sec.   135.23(r)(7)      conducting
                                 Manual contents..       powered-lift
                                Sec.   135.93 Minimum    operations on a
                                 altitudes for use of    scale no
                                 autopilot..             greater than
                                Sec.   135.100 Flight    that imposed on
                                 crewmember cuties..     like operators
                                Sec.                     conducting
                                 135.159(a)(2)(3)        operations with
                                 Helicopter exceptions   airplanes or
                                 are not allowed..       rotorcraft.
                                Sec.   135.181
                                 Aircraft operated
                                 over-the-top or in
                                 IFR conditions..
                                Sec.   135.183 Land
                                 aircraft operated
                                 over water..
                                Sec.   135.203 VFR:
                                 Minimum altitudes.
                                Sec.   135.205 VFR:
                                 Visibility
                                 requirements.
                                Sec.   135.207 VFR:
                                 Helicopter surface
                                 reference
                                 requirements.
                                Sec.   135.221
                                 Alternate airport
                                 weather minimums.
                                Sec.   135.361
                                 Applicability.
                                Sec.   135.363
                                 General.
                                Sec.   135.379 Large
                                 transport category
                                 airplanes. Turbine
                                 engine powered:
                                 Takeoff limitations.
                                Sec.   135.381 Large
                                 transport category
                                 airplanes. Turbine
                                 engine powered: En-
                                 route limitations:
                                 One engine
                                 inoperative.
                                Sec.   135.383 Large
                                 transport category
                                 airplanes. Turbine
                                 engine powered: En-
                                 route limitations:
                                 Two engines
                                 inoperative.
                                Sec.   135.385 Large
                                 transport category
                                 airplanes. Turbine
                                 engine powered: En-
                                 route limitations:
                                 Landing limitations.
                                Sec.   135.387 Large
                                 transport category
                                 airplanes. Turbine
                                 engine powered: En-
                                 route limitations:
                                 Landing limitations:
                                 Alternate airports.
                                Sec.   135.389 Large
                                 non-transport
                                 category airplanes:
                                 Takeoff limitations.
                                Sec.   135.391 Large
                                 non-transport
                                 category airplanes.
                                 En-route limitations:
                                 One engine
                                 inoperative.
                                Sec.   135.393 Large
                                 non-transport
                                 category airplanes.
                                 Landing limitations:
                                 En-route limitations:
                                 Destination airports.
                                Sec.   135.395 Large
                                 non-transport
                                 category airplanes.
                                 Landing limitations:
                                 En-rout limitations:
                                 Alternate airports.
                                Sec.   135.397 Small
                                 transport category
                                 airplanes performance
                                 operating
                                 limitations.
                                Sec.   135.399 Small
                                 transport category
                                 airplanes
                                 performance.
Part 135--Operating             Sec.   135.1(a)(9)      Imposes costs on
 Requirements Commuter and On-   Conducting operations   operators of
 Demand Operations and Rules     in accordance with      powered-lift on
 Governing Persons on Board      subpart L (Helicopter   a scale
 Such Aircraft.                  Air Ambulance           equivalent to
                                 Equipment,              costs imposed
                                 Operations, and         on operators of
                                 Training                airplanes or
                                 Requirements).          rotorcraft.
                                Sec.   135.117(a)(9)
                                 Briefing of
                                 passengers before
                                 flight..
                                Sec.   135.145
                                 Aircraft proving and
                                 validation tests..
                                Sec.   135.150 Public
                                 address and
                                 crewmember interphone
                                 systems.
                                Sec.   135.151 Cockpit
                                 voice Recorders.
                                Sec.   135.152 Flight
                                 data recorders.
                                Sec.   135.154 Terrain
                                 awareness warning
                                 systems.
                                Sec.   135.158 Pitot
                                 heat indication
                                 systems.
                                Sec.   135.160 Radio
                                 altimeters for
                                 rotorcraft
                                 operations.
                                Sec.   135.165
                                 Communication and
                                 navigation equipment.
                                Sec.   135.168
                                 Emergency equipment.
                                Sec.   135.169
                                 Additional
                                 airworthiness
                                 requirements.
                                Sec.   135.170
                                 Materials for
                                 compartment
                                 interiors.
                                Sec.   135.173
                                 Airborne thunderstorm
                                 equipment
                                 requirements.
                                Sec.   135.178
                                 Additional emergency
                                 equipment.
                                Sec.   135.180 Traffic
                                 alert and collision
                                 avoidance system.
                                Sec.   135.209 VFR:
                                 Fuel supply.
                                Sec.   135.223 IFR:
                                 Alternate airport
                                 requirements.
                                Sec.   135.227 Icing
                                 conditions: Operating
                                 limitations.
                                Sec.   135.271
                                 Helicopter hospital
                                 emergency medical
                                 evacuation services
                                 (HEMES).
Part 135--Operating             Sec.   135.128 Use of   Provides
 Requirements Commuter and On-   safety belts, child     flexibility or
 Demand Operations and Rules     restraint systems.      relief to
 Governing Persons on Board     Sec.   135.159(a)(1)     operators of
 Such Aircraft.                  Gyroscopic rate of      powered-lift on
                                 turn indicator..        a scale
                                Sec.   135.163(g)        equivalent to
                                 Exception for           the flexibility
                                 helicopters is          or relief
                                 allowed..               provided to
                                Sec.   135.229 Airport   operators of
                                 requirements..          airplanes or
                                Sec.   135.429(d)        rotorcraft.
                                 Required inspection
                                 personnel..

Part 61--Certification:         Sec.   61.31(a) Type    Imposes a
 Pilots, Flight Instructors,     rating requirements,    regulatory
 and Ground Instructors..        additional training,    burden on
                                 and authorization       individuals
                                 reqts.                  seeking airmen
                                Sec.   61.109(e)(5)      certification
                                 Aeronautical            in powered-lift
                                 experience..            on a scale no
                                                         greater than
                                                         that imposed on
                                                         individuals
                                                         accomplishing
                                                         airmen
                                                         certification
                                                         in other
                                                         aircraft
                                                         categories.
Part 61--Certification:         Addressing:             Relieving. No
 Pilots, Flight Instructors,    Sec.   61.1(b)           additional
 and Ground Instructors.         Applicability and       regulatory
                                 definitions: Cross-     costs.
                                 country time
                                 definition (paragraph
                                 (ii))..
                                Sec.   61.3 Reqt for
                                 certificates,
                                 ratings, and
                                 authorizations: Flt
                                 instructor
                                 certificate..
                                Sec.   61.45
                                 Requirement for
                                 certificates,
                                 ratings, and
                                 authorizations:
                                 Practical tests:
                                Required aircraft and
                                 equipment.
                                Sec.   61.51
                                 Requirement for
                                 certificates,
                                 ratings, and
                                 authorizations: Pilot
                                 logbooks.
                                Sec.   61.55
                                 Requirement for
                                 certificates,
                                 ratings, and
                                 authorizations: SIC.
                                Sec.   61.63(d)(3)
                                 Additional aircraft
                                 ratings (other than
                                 for ratings at the
                                 airline transport
                                 pilot certification
                                 level). Proposed
                                 eligibility
                                 requirements.
                                Sec.   61.65
                                 Instrument rating
                                 requirements.
                                Sec.   61.107 Flight
                                 proficiency.
                                Sec.
                                 61.109(e)(2)(i),
                                 (e)(5)(ii)
                                 Aeronautical
                                 experience.
                                Sec.   61.127 Flight
                                 proficiency
                                 (commercial pilots).
                                Sec.   61.129
                                 Aeronautical
                                 experience: Alternate
                                 experience and
                                 logging reqts.
                                Sec.   61.167 Airline
                                 transport pilot
                                 privileges and
                                 limitations.
                                Sec.   61.195 Flight
                                 instructor
                                 limitations and
                                 qualifications.
Part 61--Certification:         Addressing:             Imposes a
 Pilots, Flight Instructors,    Sec.   61.64 Use of a    regulatory
 and Ground Instructors.         flight simulator and    burden on
                                 flight training         individuals
                                 device--SFAR--removes   accomplishing a
                                 three of four           powered-lift
                                 available alternative   type rating in
                                 requirements that       an FFS on a
                                 enable a person to      scale no
                                 accomplish a            greater than
                                 practical test for a    that imposed on
                                 powered-lift type       individuals
                                 rating in a             accomplishing a
                                 simulator..             type rating in
                                                         an FFS for
                                                         airplanes or
                                                         helicopters.
Part 135--Operating             SFAR temporarily allow  Relieving.
 Requirements Commuter and On-   the completion of
 Demand Operations and Rules     certain part 135
 Governing Persons on Board      tests and checks to
 Such Aircraft.                  meet the flight
                                 proficiency
                                 requirements for the
                                 addition of a powered-
                                 lift category rating,
                                 an instrument-powered-
                                 lift rating, and
                                 powered-lift type
                                 rating to a
                                 commercial
                                 certificate.
Part 135--Operating             Sec.   135.3 Rules      Imposes costs on
 Requirements Commuter and On-   applicable to           operators of
 Demand Operations and Rules     operations subject to   powered-lift on
 Governing Persons on Board      this part--FAA          a scale
 Such Aircraft.                  proposes certificate    equivalent to
                                 holders comply with     costs imposed
                                 subpart Y of part 121   on operators of
                                 (Advanced               airplanes or
                                 Qualification Program   rotorcraft.
                                 (AQP)).
                                Sec.   135.243 Pilot
                                 in command
                                 qualifications..
                                Sec.   135.244
                                 Operating experience..
                                Sec.   135.245 Second
                                 in command
                                 qualifications.
                                Sec.   135.293 Initial
                                 and recurrent pilot
                                 testing requirements.
                                Sec.   135.297 Pilot
                                 in command:
                                 Instrument
                                 proficiency check
                                 requirements.
                                Sec.   135.340 Initial
                                 and transition
                                 training and
                                 checking: Check
                                 airmen (aircraft),
                                 check airmen
                                 (simulator).
                                Sec.
                                 135.345(b)(6)(iv)
                                 Pilots: Initial,
                                 transition, and
                                 upgrade ground
                                 training.
Part 111--Pilot Records         Sec.   111.1            Imposes costs on
 Database.                       Applicability.          operators of
                                                         powered-lift on
                                                         a scale
                                                         equivalent to
                                                         costs imposed
                                                         on operators of
                                                         airplanes or
                                                         rotorcraft.
Part 136--Commercial Air Tours  Sec.   136.1 Suitable   Imposes costs on
 and National Parks Air Tour     landing area for        operators of
 Management.                     helicopters.            powered-lift on
                                Sec.   136.9 Life        the same scale
                                 preservers for over     as costs
                                 water..                 imposed on
                                Sec.   136.11(c)         operators of
                                 Helicopter floats for   airplanes or
                                 over water..            rotorcraft.
                                Sec.   136.13(a)
                                 Helicopter
                                 performance plan and
                                 operations..
                                Appendix A Special
                                 Operating Rules for
                                 Air Tour Operators in
                                 the State of Hawaii..
Part 141--Flight Schools......  Sec.   141.35 Chief     Relieving--no
                                 instructor              additional
                                 qualifications.         regulatory
                                Sec.   141.36            costs.
                                 Assistant chief
                                 instructor
                                 qualifications..
                                Sec.   141.37 Check
                                 instructor
                                 qualifications..

Part 142--Training Centers....  Sec.   142.47(a), (c)   Imposes a
                                 Training center         regulatory
                                 instructor              burden on part
                                 eligibility             142 training
                                 requirements            centers
                                Sec.   142.53 Training   conducting
                                 center instructor       powered-lift
                                 training and testing    training on a
                                 requirements.           scale no
                                                         greater than
                                                         that imposed on
                                                         like training
                                                         centers
                                                         conducting
                                                         training with
                                                         airplanes or
                                                         rotorcraft.
Part 142--Training Centers....  Sec.   142.11           Enabling. No
                                 Application for         additional
                                 issuance or amendment.  regulatory
                                                         costs unless a
                                                         part 142
                                                         training center
                                                         chooses conduct
                                                         training with
                                                         powered-lift
                                                         flight
                                                         simulators and
                                                         flight training
                                                         devices.
Part 142--Training Centers....  Sec.   142.57 Aircraft  Provides relief
                                 requirements.           to part 142
                                                         training
                                                         centers
                                                         conducting
                                                         powered-lift
                                                         training on a
                                                         scale
                                                         equivalent to
                                                         that provided
                                                         to training
                                                         centers
                                                         conducting
                                                         training with
                                                         airplanes or
                                                         rotorcraft.
------------------------------------------------------------------------

1. Benefits Summary
    Operations with powered-lift are anticipated to offer benefits over
traditional airplanes and rotorcraft. A report published by the U.S.
Government Accountability Office stated that many of these newer
category of aircraft could be easier to design, simpler to construct,
less complicated to maneuver, quieter to fly, and more economical to
operate compared to traditional aircraft.\506\ Many use cases for these
aircraft are envisioned, and just a few are described below.
---------------------------------------------------------------------------

    \506\ Transforming Aviation: Stakeholders Identified Issues to
Address for `Advanced Air Mobility' [verbar] U.S. GAO.
---------------------------------------------------------------------------

    It is envisioned smaller versions of these aircraft may reduce
congestion in urban areas by allowing for more efficient transportation
of passengers compared to existing ground transportation methods. To do
so, these aircraft would use vertiports located on top of buildings, at
parking facilities, or in other open areas.\507\ Such transportation
could occur from a heliport or vertiport and then proceed at speeds and
ranges similar to turboprops. Powered-lift could also be capable of
transporting heavier loads at higher altitudes and faster cruise speeds
than a traditional rotorcraft. Such capability may increase efficiency
in transporting crew and material to remote locations such as offshore
oilrigs. Other use cases may involve medical response, disaster relief,
rescue operations, border patrol, and last-mile logistics.
---------------------------------------------------------------------------

    \507\ Vertiport Assessment and Mobility Operations System
(VAMOS!) [verbar] T2 Portal (nasa.gov) A vertiport refers to a
physical structure for the departure, arrival, and parking/storage
of advanced air mobility vehicles. Evaluation factors for vertiports
include zoning, land use, transit stations, fire stations, noise,
and time-varying factors like congestion and demand.
---------------------------------------------------------------------------

    This proposed rule is a step toward enabling the ecosystem for this
industry to evolve. It applies the appropriate set of rules for a range
of certificate-holder operations conducted with powered-lift, and for
certification of the pilots that would fly them. It was deliberated
with the intent of mitigating risk to the NAS while maintaining its
current level of safety.
2. Costs Summary
    While operators choosing to conduct operations with powered-lift
would incur costs to comply with regulations proposed by this SFAR,
these costs would be on a scale no greater than those incurred by
operators choosing to conduct operations with airplanes or rotorcraft
under similar regulations. Likewise, costs imposed on individuals that
choose to accomplish the required training and testing required to hold
an airman's certificate with a type rating in the powered-lift category
would be on a scale no greater than those incurred by individuals
accomplishing training and testing to hold an airman's certificate with
a type rating in the airplane or rotorcraft category. In other words,
the costs imposed on operators and individuals that choose to comply
with regulations proposed by this rule would be no more burdensome than
the costs incurred by entities and individuals complying with
corresponding airplane and rotorcraft regulations that are already in
effect.
    However, to address the significant operational differences between
each powered-lift, the FAA is proposing to require the PIC of a
powered-lift to hold a type rating for the aircraft flown. The FAA has
determined that requiring persons to hold type ratings for powered-lift
would establish the appropriate level of safety than would be
established by only holding a powered-lift category rating by ensuring
persons receive adequate training and are tested on the unique design
and operating characteristics of each powered-lift.
    The following table presents a summary of the primary estimates of
the quantified costs of this rule, as well as estimates for the
pessimistic and optimistic scenarios. This analysis provides a range of
costs from low to high based on these scenarios. The FAA considers the
primary estimate of costs to be the base scenario. For the primary
estimate, over a 10-year period of analysis this rule would result in
present value costs of approximately $30.5 million at a three percent
discount rate with annualized net costs of approximately $3.6 million.
At a seven percent discount rate, the present value costs are
approximately $24.1 million with annualized costs of $3.4 million.

                                   Table 12--Quantified Costs of Proposed SFAR
                                                  [Millions$] *
----------------------------------------------------------------------------------------------------------------
                                                      10-Year                         10-Year
                Forecast scenario                  present value    Annualized     present value    Annualized
                                                       (3%)            (3%)            (7%)            (7%)
----------------------------------------------------------------------------------------------------------------
Base--Primary Estimate..........................           $30.5            $3.6           $24.1            $3.4
Pessimistic.....................................            27.4             3.2            21.0             3.0
Optimistic......................................            33.7             4.0            27.3             3.9
----------------------------------------------------------------------------------------------------------------
* Table notes: Columns may not sum to total due to rounding. Estimates are provided at three and seven percent
  discount rates per Office of Management and Budget (OMB) guidance.

    Please see the regulatory impact analysis for this SFAR available
in the docket for more details.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601-612),
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121) and the Small Business Jobs Act of 2010 (Pub. L.
111-240), requires Federal agencies to consider the effects of the
regulatory action on small business and other small entities and to
minimize any significant economic impact. The term ``small entities''
comprises small businesses and not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The FAA is publishing this Initial Regulatory Flexibility Analysis
(IRFA) to aid the public in commenting on the potential impacts to
small entities from this proposal. The FAA invites interested parties
to submit data and information regarding the potential economic impact
that would result from the proposal. The FAA will consider comments
when making a determination or when completing a Final Regulatory
Flexibility Assessment.
    An IRFA must contain the following:
    (1) A description of the reasons why the action by the FAA is being
considered;
    (2) A succinct statement of the objective of, and legal basis for,
the proposed rule;
    (3) A description of and, where feasible, an estimate of the number
of small entities to which the proposed rule will apply;
    (4) A description of the projected reporting, recordkeeping, and
other compliance requirements of the proposed rule, including an
estimate of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record;
    (5) An identification, to the extent practicable, of all relevant
Federal rules that may duplicate, overlap, or conflict with the
proposed rule; and
    (6) A description of any significant alternatives to the proposed
rule which accomplish the stated objectives of applicable statutes and
which minimize any significant economic impact of the proposed rule on
small entities.
    (1) A description of the reasons why the action by the FAA is being
considered;
    This proposed rule would establish the requirements for the
certification and operation of powered-lift. Powered-lift is defined in
14 CFR part 1 as a heavier-than-air aircraft capable of vertical
takeoff, vertical landing, and low speed flight that depends
principally on engine-driven lift devices or engine thrust for lift
during these flight regimes and on nonrotating airfoil(s) for lift
during horizontal flight.
    The powered-lift that are coming to the civilian market have
complex and unique design, flight, and handling characteristics with
varying degrees of automation. To add to the challenges, the FAA does
not anticipate that the initial powered-lift that obtain type
certification will be broadly available for basic airman certification
and training at the private pilot level. Rather, manufacturers intend
to produce powered-lift for commercial purposes, meaning the initial
pilots will be required to hold at least commercial pilot certificates
to act as required flightcrew members (i.e., PIC or SIC) for
compensation or hire.
    The FAA lacks sufficient information at this time regarding
emerging operations to implement permanent regulations. The FAA has
found the use of an SFAR has been an effective way to gain such
experience while enabling some degree of operations. The SFAR will
establish a regulatory structure that leverages existing rules, removes
operational barriers, and mitigates safety risks for powered-lift.
Utilizing the SFAR will allow the FAA to observe operations and
subsequently make any requisite safety improvements in a later
permanent change to the regulations.
    (2) A succinct statement of the objective of, and legal basis for,
the proposed rule.
    Statement of the legal basis. Through this rulemaking, the FAA will
make both permanent and temporary changes to parts 61 and 135 to train
and certify powered-lift pilots.
    Further, the FAA would enable powered-lift operations under parts
43, 91, 97, 135, and 136 through the SFAR. The FAA is issuing this
proposal under the authority described in Title 49 of the United States
Code, Subtitle VII, Part A, Subpart i, Section 40113, Administrative,
and Subpart iii, Section 44701, General Requirements; Section 44702,
Issuance of Certificates; Section 44703, Airman Certificates; Section
44704, Type Certificates, Production Certificates, Airworthiness
Certificates, and Design and Production Organization Certificates;
Section 44705, Air Carrier Operating Certificates; and Section 44707,
Examination and Rating of Air Agencies. Under these sections, the FAA
prescribes regulations and minimum standards for practices, methods,
and procedures necessary for safety in air commerce, including the
authority to examine and rate civilian schools and prescribe
regulations to ensure the competency of instructors. The FAA is also
authorized under these sections to issue certificates, including airman
certificates, type certificates, and air carrier operating
certificates, in the interest of safety.
    This rulemaking is also proposed under the authority described in
Subtitle VII, Part A, Subpart iii, Section 44712, Emergency Locator
Transmitters; Section 44713, Inspection and Maintenance; 44715, Noise
and Sonic Boom; 44716, Collision Avoidance Systems; and 44722, Winter
conditions. These sections direct the Administrator to prescribe
regulations to govern the use of emergency locator transmitters and
collision avoidance systems, the standards for inspecting and
performing maintenance on aircraft, and regulations to control aircraft
noise and safety risks related to winter conditions. Lastly, this

proposed rulemaking derives authority from Section 44730, Helicopter
Air Ambulance Operations, which directs the Administrator to prescribe
regulations governing the safety of helicopter air ambulance
operations. This proposed rulemaking is issued under the authority
described in each of the above sections.
    (3) A description of and, where feasible, an estimate of the number
of small entities to which the proposed rule will apply.
    The proposed rule would affect operators of powered-lift under
parts 91, 135, and 136, as well as part 141 flight schools and part 142
training centers. Part 91 operators conduct operations for non-
commercial purposes while part 135 operators conduct on-demand
operations, which may include a limited number of scheduled operations,
or commuter operations, which allow an unlimited number of scheduled
operations as well as on-demand operations.\508\ There are specific
limitations associated with these operations depending on whether they
are on-demand or commuter. These limitations include the number of
passenger seats installed on the aircraft, maximum payload limits, and
whether turbo-jet aircraft can be used in the operation. Part 136
operators conduct commercial air tours.
---------------------------------------------------------------------------

    \508\ https://www.faa.gov/licenses_certificates/airline_certification/135_certification/general_info.
---------------------------------------------------------------------------

    There are five North American Industry Classification System
(NAICS) codes for air transportation services based on by type of
activity conducted. Four of these codes identify a small entity as one
with 1,500 or fewer employees. The exception is NAICS code 481219,
which includes ``other nonscheduled air transportation.'' Entities
falling within this code are identified as small if revenues are $22
million or less.\509\ At the time of this proposed rule, there were
approximately 1,700 part 135 operators, and 900 part 91 operators. A
vast majority of these operators are small and the FAA does not
anticipate that they will be impacted by this rule. Due to this being
an emerging market, the number of entities that will be impacted by
this rule is uncertain.
---------------------------------------------------------------------------

    \509\ NAICS code 481111--Scheduled Passenger Air Transportation;
481112--Scheduled Freight Air Transportation; 481211--Nonscheduled
Passenger Air Transportation; 481212--Nonscheduled Freight Air
Transportation; 481219--Other Nonscheduled Air Transportation.
---------------------------------------------------------------------------

    Flight training is available through part 141 flight schools or
part 142 flight centers. Part 141 flight schools train with actual
aircraft while part 142 flight centers train with flight simulators.
The FAA notes that NAICS code for flight training is in Sector 61--
Education Services. Specifically, flight training schools are
identified by code 611512. The Small Business Administration identifies
entities in this code as small based on revenues of $30 million or
less.
    There are currently 525 part 141 flight schools and 45 part 142
training centers. FAA conducted research on the internet to determine
revenues for these entities. While some of the part 141 flight schools
are part of a curriculum offered at an institution of higher learning,
most appear to be private entities, and thus revenues were not publicly
available. Of the 45 part 142 training centers, 10 have revenues
greater than $30 million and 22 were identified as having revenues less
than $30 million. Revenue information for the remaining 13 part 142
training centers was not readily available. Based on this information,
it is believed that a majority of flight schools under parts 141 and
142 are small entities.
    (4) A description of the projected reporting, recordkeeping, and
other compliance requirements of the proposed rule, including an
estimate of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record.
    The FAA prescribes regulations and minimum standards for practices,
methods, and procedures necessary for safety in air commerce, including
airman certificates, type certificates, and air carrier operating
certificates, and the authority to examine and rate civilian schools
and prescribe regulations to ensure the competency of instructors.
Powered-lift manufacturers, air carriers, pilots, and instructors have
important roles in the development of this sector of the aviation
industry. The reporting and recordkeeping requirements imposed by this
SFAR currently exist for manufacturers and operators of airplanes and
rotorcraft. These requirements will now be applicable to those same
entities that choose to operate powered-lift. These requirements are
described below.
    First, each operator which seeks to obtain, or is in possession of,
an air carrier or FAA operating certificate is mandated to comply with
the requirements of part 135 to determine if the carrier is operating
in accordance with minimum safety standards. This burden results in
reporting, recordkeeping, and disclosure requirements. All reporting
provisions and approval processes can be accomplished electronically,
including operations and maintenance manuals, crewmember and aircraft
dispatcher records, maintenance records, and minimum equipment lists.
However, certain documents, such as passenger briefing cards, must be
available in paper form for safety reasons. The burden imposed on
operators by this reporting requirement is proportionate to the size of
its operation.\510\
---------------------------------------------------------------------------

    \510\ For example, single pilot operations are not required to
prepare an operations manual or training program which significantly
reduces the burden. The number of records and required reports are
proportional to the number of pilots and aircraft used by the
operator. Further, in several cases, such as for passenger briefings
or aircraft checklists, commercially produced products are available
from the aircraft manufacturer.
---------------------------------------------------------------------------

    Next, repair stations certificated under part 145 and air taxi
operators certificated under part 135 are required to submit
Malfunction or Defect Reports, or Service Difficulty Reports. This data
identifies mechanical failures, malfunctions, and defects that may be a
hazard to the operation of an aircraft. When defects are reported that
are likely to exist on other products of the same or similar design,
the FAA may disseminate safety information to a particular section of
the aviation community. These reports are submitted occasionally. The
submission of information for this requirement is accomplished
electronically. The FAA has found that this submission of data does not
have a significant impact on a substantial number of small businesses.
    Lastly, the Application for Pilot School Certification is necessary
for the FAA to collect information to ensure flight schools will meet
the minimum acceptable training standards as prescribed by part 141.
The FAA approves course curricula, training facilities, the chief
instructor and any assistant chief instructors, if applicable, for each
course, and ensures oversight of flight instructors that provide
training under part 141. Completion of the required items is of minimal
burden to the respondent due to the simplistic format of the document.
The FAA notes that flight training schools are contained within Sector
61, Education Services, of the NAICS code. Specifically, flight
training schools are identified by code 611512. The Small Business
Administration identifies entities in this code as small based on
revenues of $30 million or less. There are currently 525 part 141
flight schools. The FAA is unsure what portion of these schools qualify
as small using SBA criteria. While some of the part 141 flight schools
are part of a curriculum offered at an institution of higher learning,
most appear to be private entities.

    (5) An identification, to the extent practicable, of all relevant
Federal rules that may duplicate, overlap, or conflict with the
proposed rule.
    The FAA is unaware that the proposed rule will overlap, duplicate,
or conflict with existing Federal rules.
    (6) A description of any significant alternatives to the proposed
rule which accomplish the stated objectives of applicable statutes and
which minimize any significant economic impact of the proposed rule on
small entities.
    The FAA considered engaging in permanent rulemaking to address the
introduction of powered-lift in civilian operations. However, the FAA
lacks sufficient information at this time regarding emerging operations
to implement permanent regulations. The FAA has found the use of an
SFAR has been an effective way to gain such experience while enabling
some degree of operations, therefore, the FAA find that the use of an
SFAR is the most viable option at this time. Utilizing the SFAR will
allow the FAA to observe operations and subsequently make any requisite
safety improvements in a later permanent change to the regulations.
    Another alternative considered for this SFAR included the number of
years it would remain in effect. After contemplating several options,
the FAA determined ten years to be an appropriate length of time. In
selecting ten years as the appropriate duration for this SFAR, the FAA
considered a number of factors including the time it will take to
initiate operations after the adoption of this NPRM as a final rule
considering the type certification status of the powered-lift that are
commercially viable. The FAA also considered the appropriate length of
time to collect operational data after operators initiate commercially
viable operations, and then the time necessary to complete a subsequent
rulemaking to propose and implement permanent regulations.

D. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. The FAA has
assessed the potential effect of this proposed rule and determined that
it ensures the safety of the American public and does not exclude
imports that meet this objective. As a result, the FAA does not
consider this rule as creating an unnecessary obstacle to foreign
commerce.

E. Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government having first provided the funds to pay
those costs. The FAA determined that the proposed rule will not result
in the expenditure of $165 million or more by State, local, or tribal
governments, in the aggregate, or the private sector, in any one year.

F. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. According to the 1995
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement unless it displays
a currently valid Office of Management and Budget (OMB) control number.
    This action contains the following proposed amendments to the
existing information collection requirements previously approved under
OMB Control Numbers 2120-0039, -0600, -0663, -0009, and -0021. As
required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)),
the FAA has submitted these proposed information collection amendments
to OMB for its review.

1. Revision of Existing Information Collection 2120-0039: Operating
Requirements: Commuter and On-Demand Operation 511
---------------------------------------------------------------------------

    \511\ Official FAA forecasts related to the operation of
powered-lift in the NAS have yet to be developed. Thus, forecasts
for operators of part 135 aircraft and fleet were prepared solely
for the purpose of estimating the cost of the information
collections affiliated with this proposed rule, and developed using
publicly available data related to orders and options for powered-
lift Using the fleet forecast and an assumption for utilization
(i.e. hours flown), forecasts for airmen and departures were also
developed to estimate incremental costs of the paperwork burden.
---------------------------------------------------------------------------

    Abstract: Each operator which seeks to obtain, or is in possession
of, an air carrier or FAA operating certificate is mandated to comply
with the requirements of part 135 in order to maintain data which is
used to determine if the carrier is operating in accordance with
minimum safety standards. Air carrier and commercial operator
certification is completed in accordance with part 119. Part 135
contains operations and maintenance requirements. The burden associated
with part 135 is associated with reporting, recordkeeping and
disclosure.
    The FAA has estimated the increase in the existing burden for this
collection based on four part 119 certificate holders beginning
powered-lift operations by the end of the third year following
finalization of this proposed rule. Note that not all information
collection requirements are proposed to have a burden increase as a
result of the proposed revisions to this information collection.

                     Table 13--Three-Year Incremental Burden for 2120-0039 Operating Requirements: Commuter and On-Demand Operations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Hours-     Hours-     Hours-     Hours-     Hours-     Total      Total
     Section          Section title      Number of    Number of     Total      jobcat     jobcat     jobcat     jobcat     jobcat     burden     burden
                                        respondents   responses   responses     (1)        (2)        (3)        (4)        (5)      (hours)     (cost)
--------------------------------------------------------------------------------------------------------------------------------------------------------
135.21...........  Manual requirements            4           5          20        0.5  .........        2.0  .........  .........       50.0     $2,097
135.63...........  Recordkeeping                  2           2           4  .........  .........        1.0  .........  .........        4.0        185
                    requirements-
                    aircraft available
                    for use.
                   Pilot records......          173           4         692        0.1  .........  .........  .........  .........       69.2      1,696

                   Pilot flight & duty          173         200      34,600        0.1  .........  .........  .........  .........    3,460.0     84,805
                   Load manifest......      292,273           1     292,273        0.1  .........  .........  .........  .........   29,227.3    716,360
135.64...........  Retention of                   6          13          78  .........        0.5  .........  .........  .........       39.0      1,514
                    contracts and
                    amendments written.
                   Retention of                   6           2          12        0.5  .........  .........  .........  .........        6.0        147
                    contracts and
                    amendments oral.
135.65...........  Reporting manual               6          75         450  .........  .........  .........  .........        0.3      112.5      7,611
                    irregularities.
135.79...........  Flight locating                2           1           2  .........  .........        0.5  .........  .........        1.0         46
                    requirements.
135.117..........  Briefing of              292,273           1     292,273  .........  .........  .........  .........       0.03    8,768.2    593,167
                    passengers before
                    flight.
135.179..........  Inoperable                     6           1           6        3.0  .........       20.0  .........  .........      138.0      5,996
                    instruments and
                    equipment.
135.227..........  Icing limitations..            6           1           6        5.0  .........       20.0  .........  .........      150.0      6,290
135.325..........  Training program               6           1           6        5.0  .........       15.0  .........  .........      120.0      4,901
                    and revision.
135.415..........  Mechanical                   131           1         131  .........  .........  .........        1.0  .........      131.0      6,119
                    reliability
                    reports.
135.417..........  Mechanical                     6          12          72  .........  .........  .........        1.0  .........       72.0      3,363
                    interruption
                    summary report.
135.419..........  Approved aircraft              6           1           6        0.5  .........  .........        1.0  .........        9.0        649
                    inspection program.
135.431..........  Continuing analysis            6           1           6  .........  .........  .........       70.0  .........      420.0     35,967
                    and surveillance.
                   Incremental burden.  ...........  ..........  ..........  .........  .........  .........  .........  .........   42,777.2  1,454,270
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.

2. Revision of Existing Information Collection 2120-0600: Training and
Qualification Requirements for Check Airmen and Flight Instructors
\512\
---------------------------------------------------------------------------

    \512\ Official FAA forecasts related to the operation of
powered-lift in the NAS have yet to be developed. Thus, forecasts
for operators of part 135 aircraft and fleet were prepared solely
for the purpose of estimating the cost of the information
collections affiliated with this proposed rule and developed using
publicly available data related to orders and options for powered-
lift. FAA notes that none of the orders for the multitude of
powered-lift models being developed are firm as of the time of this
writing, with the exception of one model. Using the fleet forecast
and an assumption for utilization (i.e. hours flown), forecasts for
airmen and departures were also developed to estimate costs of the
paperwork burden.
---------------------------------------------------------------------------

    Abstract: The reporting requirements are to ensure the check pilots
and instructors are adequately trained and checked/evaluated to ensure
they are capable and competent to perform the duties and
responsibilities required by the air carrier to meet the regulations.
Experienced pilots who would otherwise qualify as flight instructors or
check airmen, but who are not medically eligible to hold the requisite
medical certificate are mandated to keep records that may be inspected
by the FAA to certify eligibility to perform flight instructor or check
airmen functions. This information is inspected on occasion and will be
used by the FAA to determine and to assure that check airmen and
instructors maintain the high qualification standards (training and
experience) required to perform their safety functions.
    The FAA has estimated the increase in the existing burden for this
collection based on the percentage of instructors that are not
medically eligible to hold the requisite medical certificate and are
mandated to keep records that may be inspected by the FAA to certify
eligibility to perform flight instructor or check airmen functions. The
table below shows the incremental burden by the end of the third year
following finalization of the proposed rule for this recordkeeping
requirement.
---------------------------------------------------------------------------

    \513\ The current collection identifies 15,925 respondents
performing recordkeeping requirements. The 2021 Civil Airmen
Statistics (source: https://www.faa.gov/data_research/avia)tion_data_statistics/civil_airmen_statistics) shows there are
121,270 active flight instructors, thus 13.1 percent of the flight
instructor population (15,925 / 121,270 = .131) perform this
recordkeeping requirement. Additionally, FAA records show 251 active
airmen holding a flight instructor certificate with a powered-lift
rating; thus, it is estimated that 13.1 percent of these airmen are
affected by the recordkeeping requirement (for a total of 32.9
airmen).

  Table 14--Three-Year Burden Estimate for Information Collection 2120-
  0600 513 Training and Qualification Requirements for Check Airmen and
                           Flight Instructors
------------------------------------------------------------------------
                                                           Total burden
------------------------------------------------------------------------
Respondents............................................               66
Responses per Respondent...............................                1
Time per Response--15 seconds (in minutes).............             0.25
Total Incremental Time (in minutes)....................            16.44
Total Incremental Time (in hours)......................             0.27
Cost per Hour (Check Airman Wage plus Benefits--per               $87.63
 Hour).................................................
Total Incremental Cost.................................           $24.54
------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.

3. Revision of Existing Information Collection 2120-0663: Service
Difficulty Report \514\
---------------------------------------------------------------------------

    \514\ Official FAA forecasts related to the operation of
powered-lift in the NAS have yet to be developed. Thus, forecasts
for operators of part 135 aircraft and fleet were prepared solely
for the purpose of estimating the cost of the information
collections affiliated with this proposed rule, and developed using
publicly available data related to orders and options for powered-
lift. FAA notes that none of the orders for the multitude of
powered-lift models being developed are firm as of the time of this
writing, with the exception of one model. Using the fleet forecast
and an assumption for fleet utilization (i.e. hours flown),
forecasts for airmen and departures were also developed to estimate
costs of the paperwork burden.
---------------------------------------------------------------------------

    Abstract: Service Difficulty Reports (SDRs), may be used by the air
carrier industry and repair stations to submit mandated reporting of
occurrences or detection of failures, malfunctions, or defects and can
be submitted in an electronic format. Repair stations certificated
under part 145 and Air taxi operators certificated under part 135 are
required to submit Malfunction or Defect Reports, or Service Difficulty
Reports. Report information is collected and collated by the FAA and
used to determine service performance of aeronautical products. When
defects are reported which are likely to exist on other products of the
same or similar design, the FAA may disseminate safety information to a
particular section of the aviation community. The FAA also may adopt
new regulations or issue Airworthiness Directives (ADs) to address a
specific problem.\515\ The regulations enhance air carrier safety by
collecting additional and timelier data pertinent to critical aircraft
components. This data identifies mechanical failures, malfunctions, and
defects that may be a hazard to the operation of an aircraft. Reports
are submitted on occasion.
---------------------------------------------------------------------------

    \515\ ADs are mandatory repair or modifications essential for
the prevention of accidents.
---------------------------------------------------------------------------

    The FAA has estimated the increase in the existing burden for this
collection based on four part 119 certificate holders beginning powered
lift operations under part 135 by the end of the third year following
finalization of this proposed rule.

       Table 15--Three-Year Burden Estimate for Information Collection 2120-0063 Service Difficulty Report
----------------------------------------------------------------------------------------------------------------
                     Summary  (three years)                          Reporting     Recordkeeping    Disclosure
----------------------------------------------------------------------------------------------------------------
Number of Respondents...........................................               4  ..............  ..............
Number of Responses per respondent..............................               1  ..............  ..............
Time per Response...............................................           0.667  ..............  ..............
Total # of responses............................................               4  ..............  ..............
Total burden (hours)............................................             2.7  ..............  ..............
Total Burden (cost) \516\.......................................           $95.8  ..............  ..............
----------------------------------------------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.

4. Revision of Existing Information Collection 2120-0009: Application
for Pilot School Certification
---------------------------------------------------------------------------

    \516\ Costs are based upon a private industry hourly wage of
$25.18. The fully-burdened wage is $35.90 and includes employee
compensation related to benefits that is estimated to be 30.0
percent of the fully-burdened wage. (Source: Bureau of Labor
Statistics, Employer Costs for Employee Compensation. https://www.bls.gov/news.release/pdf/ecec.pdf by month)
---------------------------------------------------------------------------

    Abstract: This information is reported and recorded by 14 CFR part
141 certificated pilot schools seeking to maintain their Air Agency
Certification. Uncertificated pilot schools seeking certification as a
part 141 pilot school are also required by part 141 to report
information to the FAA and keep specific records. Part 141 pilot
schools train private, commercial, flight instructor, and ATPs, along
with training for associated ratings in various types of aircraft. The
information collected becomes a part of the FAA's official records and
is only used by the FAA for certification, compliance, enforcement, and
when accidents, incidents, reports of noncompliance, safety programs,
or other circumstances requiring reference to records. The requirements
of part 141 include reporting and recordkeeping. The FAA has estimated
the increase in the existing burden for this collection based on one
new applicant per year for part 141 certification and one renewal.
---------------------------------------------------------------------------

    \517\ The FAA believes that the responses to this information
collection will be performed by flight instructors and similar
personnel at certificated pilot schools. The median hourly wage for
these occupations is $27.38. The FAA multiplied this base hourly
rate by 1.309, representing a load factor of 30.9%, and a fully
loaded wage of $35.84.

   Table 16--Three-Year Burden Estimate for Information Collection 2120-0009 517 Application for Pilot School
                                                  Certification
----------------------------------------------------------------------------------------------------------------
                                                   Time/response                    Total time      Labor cost
            Section                Burden type        (hours)        Responses        (hours)       ($35.84/hr)
----------------------------------------------------------------------------------------------------------------
Sec.   141.13, Application....  Reporting.......             0.5               4             2.0             $72
Sec.   141.53, Training course  Reporting.......            25.0               3            75.0           2,688
 outline.
Sec.   141.63, Application for  Reporting.......            20.0               3            60.0           2,150
 examining authority.
Sec.   141.87, Change of chief  Reporting.......             0.1               3             0.3              11
 instructor.
Sec.   141.110, Training        Recordkeeping...              50               3             150           5,376
 records.
                                                 ---------------------------------------------------------------
    Total.....................  ................  ..............  ..............           136.8          10,297
----------------------------------------------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.

5. Revision of Existing Information Collection 2120-0021: Airman
Certificate and/or Rating Application
    Abstract: The Airman certificate and/or Rating Application form and
the required records, logbooks and statements required by part 61 are
submitted to Federal Aviation Administration (FAA) Flight Standards
District Offices or its representatives to determine qualifications of
the applicant for issuance of a pilot or instructor certificate, or
rating or authorization. If the information collection was not
conducted, the FAA would be unable to issue the appropriate
certificates and ratings. The information collected becomes a part of
the FAA's official records and is only used by the FAA for
certification, compliance, enforcement, and when accidents, incidents,
reports of noncompliance, safety programs, or other circumstances
requiring reference to records. The requirements of part 61 include
reporting and recordkeeping.

 Table 17--Three-Year Burden Estimate for Information Collection 2120-0021 518 Airman Certificate and/or Rating
                                                   Application
----------------------------------------------------------------------------------------------------------------
                                     Time per                                         Record-
             Section                 response        Responses       Reporting        keeping       Total cost
                                      (hours)                         (hours)         (hours)       (15.40/hr)
----------------------------------------------------------------------------------------------------------------
61.13...........................            0.10              89             8.9  ..............            $137
61.39...........................            0.05              89             4.5  ..............              69
61.49...........................            0.05               1             0.0  ..............               0
61.51...........................            1.00              23  ..............            23.1             356
61.56(a)........................            0.10              23             2.3  ..............              36
61.57...........................            0.10              89  ..............             8.9             137
61.87...........................            0.05              89  ..............             4.5              69
61.93...........................            0.10              89  ..............             8.9             137
61.185..........................            0.10              15  ..............             1.5              23
61.189..........................            1.00              15  ..............            15.0             231
61.197..........................            0.10              15             1.5  ..............              23
                                 -------------------------------------------------------------------------------
    Totals......................  ..............             537              17              62           1,217
----------------------------------------------------------------------------------------------------------------

    The FAA is soliciting comments to--
---------------------------------------------------------------------------

    \518\ To calculate the economic burden on respondents, the FAA
uses an hourly rate of $15.40. This is an all-purpose travel-time
rate, which is appropriate for this ICR because respondents
represent a wide array of occupations, and are often performing
their reporting or recordkeeping activities on their own time. The
travel-time rate is derived from Department of Transportation
guidance (https://www.faa.gov/regulations_policies/policy_guidance/benefit_cost/), modified by a Consumer Price Index for all Urban
Consumers (CPI-U) value calculated by the Minneapolis Fed (https://www.faa.gov/regulations_policies/policy_guidance/benefit_cost/). The
FAA is not applying a load factor for overhead or benefits, because,
as noted, these activities are typically not performed as part of a
respondent's job or occupation.
---------------------------------------------------------------------------

    (1) Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of the FAA,
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the FAA's estimate of the burden;
    (3) Enhance the quality, utility, and clarity of the information to
be collected; and
    (4) Minimize the burden of collecting information on those who are
to respond, including by using appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
    Individuals and organizations may send comments on the information
collection requirement to the address listed in the ADDRESSES section
at the beginning of this preamble by August 14, 2023. Comments also
should be submitted to the Office of Management and Budget, Office of
Information and Regulatory Affairs, Attention: Desk Officer for FAA,
New Executive Office Building, Room 10202, 725 17th Street NW,
Washington, DC 20053.

G. International Compatibility

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences between the FAA's proposed regulations
and the ICAO standards.

H. Environmental Analysis

    In accordance with the provisions of regulations issued by the
Council on Environmental Quality (40 CFR parts 1500 through 1508), FAA
Order 1050.1F identifies FAA actions that are categorically excluded
from preparation of an Environmental Assessment or Environmental Impact
Statement under the National Environmental Policy Act (NEPA) in the
absence of extraordinary circumstances.
    The FAA has determined this NPRM action qualifies for the
categorical exclusion identified in paragraph 5-6.6.f of this order and
involves no extraordinary circumstances.
    In making this determination, the FAA also considered the recent
technological advancement regarding fabrication of small and powerful
electric motors, actuators, and advance control system technologies
that manufacturers could apply in the design and development of new and
novel aircraft that are different from the legacy conventional aircraft
categories defined in current noise certification standards of 14 CFR
part 36.
    These diverse concept designs may require additional noise
certification requirements that are tailored to these new aircraft
types, instead of following the existing requirements for small
propeller airplanes, jet transport airplanes, helicopters, or tiltrotor
aircraft. The FAA will examine each application and determine whether
existing part 36 requirements are appropriate as a noise certification
basis. If not, FAA may require Rules of Particular Applicability (RPA)
to establish the noise certification basis for these new aircraft
designs.
    This categorical exclusion finding applies only to this proposed
rule. The FAA will initiate a separate review of any final rule.

I. Regulations Affecting Intrastate Aviation in Alaska

    Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat.
3213) requires the Administrator, when modifying 14 CFR in a manner
affecting

intrastate aviation in Alaska, to consider the extent to which Alaska
is not served by transportation modes other than aviation, and to
establish appropriate regulatory distinctions. Because this proposed
rule would apply to operations of powered-lift that could occur
throughout the territorial airspace of the United States, it could, if
adopted, affect intrastate aviation in Alaska. The FAA, therefore,
specifically requests comments on whether there is justification for
applying the proposed rule differently in intrastate operations in
Alaska.

X. Executive Order Determinations

A. Executive Order 14036, Promoting Competition in the United States
Economy

    The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order (E.O.) 14036, Promoting Competition in the
United States Economy. The FAA finds that this action would promote
competition by enabling powered-lift to enter the market. The FAA
anticipates that powered-lift would compete with surface transportation
modes in congested intra-city areas for those passengers that want the
benefits of convenient and shorter travel times compared to traditional
intra-city travel modes that are currently available. Additionally, the
integration of powered-lift into the NAS would foster competition
between powered-lift, airplanes, and helicopters with respect to
passenger-carrying operations and cargo operations, which would benefit
American travelers, consumers, and businesses. By enabling the safe
integration of powered-lift into the NAS, the proposed rule would
facilitate innovations that foster United States market leadership and
market entry to promote competition and economic opportunity and to
resist monopolization, while also ensuring safety, promoting equity,
and providing oversight of market participants.

B. Executive Order 13985, Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government

    The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order (E.O.) 13985, Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government.
Consistent with Executive Order 13985, the FAA has analyzed this
proposed rule to assess whether, and to what extent, it may perpetuate
systemic barriers to opportunities and benefits for underserved
communities and their members. The FAA finds that the proposed rule to
enable the certification of powered-lift pilots and safe powered-lift
operations could advance equity for historically disadvantaged
communities by expanding their access to goods and services. FAA seeks
comment on how this emerging technology could promote equity, and what
factors impacting equity, if any, FAA should consider as it enters the
marketplace.

C. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order (E.O.) 13132, Federalism. The FAA has
determined that this action would not have a substantial direct effect
on the States, or the relationship between the Federal Government and
the States, or on the distribution of power and responsibilities among
the various levels of government, and, therefore, would not have
federalism implications. The FAA notes that States are already
preempted from regulating aviation safety and the efficient use of
airspace by aircraft.\519\
---------------------------------------------------------------------------

    \519\ Congress has vested the FAA with authority to regulate the
areas of airspace use, management and efficiency, air traffic
control, safety, navigational facilities, pilot training and
certification, and aircraft noise at its source. See, e.g., 49
U.S.C. 40103, 44502, and 44701-44735.
---------------------------------------------------------------------------

D. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments

    Consistent with Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments,\520\ and FAA Order
1210.20, American Indian and Alaska Native Tribal Consultation Policy
and Procedures,\521\ the FAA ensures that Federally Recognized Tribes
(Tribes) are given the opportunity to provide meaningful and timely
input regarding proposed Federal actions that have the potential to
affect uniquely or significantly their respective Tribes. At this
point, the FAA has not identified any unique or significant effects,
environmental or otherwise, on tribes resulting from this proposed
rule.
---------------------------------------------------------------------------

    \520\ 65 FR 67249 (Nov. 6, 2000).
    \521\ FAA Order No. 1210.20 (Jan. 28, 2004), available at http://www.faa.gov/documentLibrary/media/1210.pdf.
---------------------------------------------------------------------------

E. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use

    The FAA analyzed this proposed rule under E.O. 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use. The FAA has determined that it would not be a
``significant energy action'' under the executive order and would not
be likely to have a significant adverse effect on the supply,
distribution, or use of energy.

F. Executive Order 13609, Promoting International Regulatory
Cooperation

    Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
E.O. 13609 and has determined that this action would have no effect on
international regulatory cooperation.

XI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The FAA also
invites comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should submit only one time if comments
are filed electronically or commenters should send only one copy of
written comments if comments are filed in writing.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The FAA may change this proposal in light
of the comments it receives.
    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to https://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
https://www.dot.gov/privacy.

B. Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this NPRM, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' The FAA will treat
such marked submissions as confidential under the FOIA, and they will
not be placed in the public docket of this NPRM. Submissions containing
CBI should be sent to the person in the FOR FURTHER INFORMATION CONTACT
section of this document. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

C. Electronic Access and Filing

    A copy of this NPRM, all comments received, any final rule, and all
background material may be viewed online at https://www.regulations.gov
using the docket number listed above. A copy of this proposed rule will
be placed in the docket. Electronic retrieval help and guidelines are
available on the website. It is available 24 hours each day, 365 days
each year. An electronic copy of this document may also be downloaded
from the Office of the Federal Register's website at https://www.federalregister.gov and the Government Publishing Office's website
at https://www.govinfo.gov. A copy may also be found at the FAA's
Regulations and Policies website at https://www.faa.gov/regulations_policies.
    Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling<PHONE_NUMBER>.
Commenters must identify the docket or notice number of this
rulemaking.
    All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.

D. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. A small entity with questions regarding this
document may contact its local FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the
preamble. To find out more about SBREFA on the internet, visit https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 1

    Air transportation.

14 CFR Part 43

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

14 CFR Part 60

    Airmen, Aviation safety, Reporting and recordkeeping requirements.

14 CFR Part 61

    Aircraft, Airmen, Aviation safety, Recreation and recreation areas,
Reporting and recordkeeping requirements, Security measures, Teachers.

14 CFR Part 91

    Agriculture, Air carriers, Air taxis, Air traffic control,
Aircraft, Airmen, Airports, Aviation safety, Charter flights, Freight,
Reporting and recordkeeping requirements, Security measures,
Transportation.

14 CFR Part 97

    Air traffic control, Airports, Navigation (air), Weather.

14 CFR Part 111

    Administrative practice and procedure, Air carriers, Air taxis,
Aircraft, Airmen, Alcohol abuse, Aviation safety, Charter flights, Drug
abuse, Reporting and recordkeeping requirements.

14 CFR Part 135

    Air taxis, Aircraft, Airmen, Aviation safety, Reporting and
recordkeeping requirements.

14 CFR Part 136

    Air transportation, Aircraft, Aviation safety, National parks,
Recreation and recreation areas, Reporting and recordkeeping
requirements.

14 CFR Part 141

    Airmen, Educational facilities, Reporting and recordkeeping
requirements, Schools.

14 CFR Part 142

    Airmen, Educational facilities, Reporting and recordkeeping
requirements, Schools, Teachers.

14 CFR Part 194

    Air carriers, Air taxis, Air traffic control, Air transportation,
Aircraft, Airmen, Airports, Aviation safety, Charter flights, Freight,
Incorporation by reference, Navigation (air), Recreation and recreation
areas, Reporting and recordkeeping requirements, Teachers, Schools.

The Proposed Amendment

    For the reasons discussed in the preamble, the Federal Aviation
Administration proposes to amend chapter I of title 14, Code of Federal
Regulations as follows:

PART 1--DEFINITIONS AND ABBREVIATIONS

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701.

0
2. Amend Sec.  1.1 by revising the introductory text to read as
follows:

Sec.  1.1  General definitions.

    As used in this chapter, unless the context requires otherwise:
* * * * *
0
3. Amend Sec.  1.2 by revising the introductory text to read as
follows:

Sec.  1.2  Abbreviations and symbols.

    In this chapter:
* * * * *
0
4. Amend Sec.  1.3 by revising paragraphs (a) introductory text and (b)
introductory text to read as follows:

Sec.  1.3  Rules of construction.

    (a) In this chapter, unless the context requires otherwise:
* * * * *
    (b) In this chapter, the word:
* * * * *

PART 43--MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND
ALTERATION

0
5. The authority citation for part 43 continues to read as follows:

    Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f), 106(g), 40105,
40113, 44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303.

0
6. Amend Sec.  43.1 by adding paragraph (e) to read as follows:

Sec.  43.1  Applicability.

* * * * *

    (e) Additional applicability of maintenance provisions for powered-
lift is set forth in part 194 of this chapter.

PART 60--FLIGHT SIMULATION TRAINING DEVICE INITIAL AND CONTINUING
QUALIFICATION AND USE

0
7. The authority citation for part 60 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, and 44701; Pub. L.
111-216, 124 Stat. 2348 (49 U.S.C. 44701 note).

0
8. Amend Sec.  60.1 by revising paragraph (a) to read as follows:

Sec.  60.1  Applicability.

    (a) This part prescribes the rules governing the initial and
continuing qualification and use of all aircraft flight simulation
training devices (FSTD) used for meeting training, evaluation, or
flight experience requirements of this chapter for flight crewmember
certification or qualification. Additional requirements for FSTD
representing powered-lift are set forth in part 194 of this chapter.
* * * * *

PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS

0
9. The authority citation for part 61 is revised to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707,
44709-44711, 44729, 44903, 45102-45103, and 45301-45302; sec. 2307,
Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note); and sec. 318,
Pub. L. 115-254, 132 Stat. 3186 (49 U.S.C. 44703 note).

0
10. In part 61, revise all references to ``cross-country flight time''
to read ``cross-country time''.
0
11. Amend Sec.  61.1 by:
0
a. Revising paragraph (a); and
0
b. In the definition of ``Cross-country time'' in paragraph (b),
revising paragraph (i) introductory text.
    The revision reads as follows:

Sec.  61.1  Applicability and definitions.

    (a) Except as provided in parts 107 and 194 of this chapter, this
part prescribes:
    (1) The requirements for issuing pilot, flight instructor, and
ground instructor certificates and ratings; the conditions under which
those certificates and ratings are necessary; and the privileges and
limitations of those certificates and ratings.
    (2) The requirements for issuing pilot, flight instructor, and
ground instructor authorizations; the conditions under which those
authorizations are necessary; and the privileges and limitations of
those authorizations.
    (3) The requirements for issuing pilot, flight instructor, and
ground instructor certificates and ratings for persons who have taken
courses approved by the Administrator under other parts of this
chapter.
    (b) * * *
    Cross-country time * * *
    (i) Except as provided in paragraphs (ii) through (vii) of this
definition, time acquired during flight--
* * * * *
0
12. Amend Sec.  61.3 by revising paragraphs (e)(1) and (2), (f)(2)(i)
and (ii), and (g)(2)(i) and (ii) to read as follows:

Sec.  61.3  Requirement for certificates, ratings, and authorizations.

* * * * *
    (e) * * *
    (1) The appropriate aircraft category, class, type (if a class or
type rating is required), and instrument rating on that person's pilot
certificate for any airplane, helicopter, or powered-lift being flown;
    (2) An airline transport pilot certificate with the appropriate
aircraft category, class, and type rating (if a class or type rating is
required) for the aircraft being flown;
* * * * *
    (f) * * *
    (2) * * *
    (i) Holds a pilot certificate with category and class ratings (if a
class rating is required) for that aircraft and an instrument rating
for that category aircraft;
    (ii) Holds an airline transport pilot certificate with category and
class ratings (if a class rating is required) for that aircraft; or
* * * * *
    (g) * * *
    (2) * * *
    (i) Holds a pilot certificate with category and class ratings (if a
class rating is required) for that aircraft and an instrument rating
for that category aircraft;
    (ii) Holds an airline transport pilot certificate with category and
class ratings (if a class rating is required) for that aircraft; or
* * * * *
0
13. Amend Sec.  61.5 by:
0
a. Redesignating paragraphs (b)(7)(iii) and (iv) as paragraphs
(b)(7)(iv) and (b)(9), respectively; and
0
b. Adding new paragraph (b)(7)(iii).
    The addition reads as follows:

Sec.  61.5  Certificates and ratings issued under this part.

* * * * *
    (b) * * *
    (7) * * *
    (iii) Powered-lift.
* * * * *
0
14. Amend Sec.  61.31 by:
0
a. Redesignating paragraph (a)(3) as paragraph (a)(4);
0
b. Adding new paragraph (a)(3); and
0
c. Revising paragraph (l)(1).
    The revision and addition read as follows:

Sec.  61.31  Type rating requirements, additional training, and
authorization requirements.

    (a) * * *
    (3) Powered-lift.
* * * * *
    (l) * * *
    (1) This section does not require a category and class rating for
aircraft that is not identified as an aircraft under Sec.  61.5(b).
* * * * *
0
15. Amend Sec.  61.39 by revising paragraph (a)(3) to read as follows:

Sec.  61.39  Prerequisites for practical tests.

    (a) * * *
    (3) Have satisfactorily accomplished the required training and
obtained the aeronautical experience prescribed by this part for the
certificate or rating sought, and:
    (i) If applying for the practical test with flight time
accomplished under Sec.  61.159(c), present a copy of the records
required by Sec.  135.63(a)(4)(vi) and (x) of this chapter; or
    (ii) If applying for a practical test for the issuance of an
initial category and class rating (if a class rating is required) at
the private, commercial, or airline transport pilot certificate level
in an aircraft that requires a type rating or a flight simulator or
flight training device that represents an aircraft that requires a type
rating, meet the eligibility requirements for the type rating or
already hold the type rating on their pilot certificate;
* * * * *
0
16. Amend Sec.  61.43 by adding paragraph (g) to read as follows:

Sec.  61.43  Practical tests: General procedures.

* * * * *
    (g) A practical test for an airline transport pilot (ATP)
certificate with category and class rating (if a class rating is
required) in an aircraft that requires a type rating or in a flight
simulation training device that represents an aircraft that requires a
type rating includes the same tasks and maneuvers as a practical test
for a type rating.

0
17. Amend Sec.  61.47 by revising the section heading and adding
paragraph (d) to read as follows:

Sec.  61.47  Status and responsibilities of an examiner who is
authorized by the Administrator to conduct practical tests.

* * * * *
    (d) An examiner may not conduct a practical test for the issuance
of an initial category and class rating (if a class rating is required)
at the private, commercial, or airline transport pilot certificate
level in an aircraft that requires a type rating or a flight simulator
or flight training device that represents an aircraft that requires a
type rating unless:
    (1) The applicant meets the eligibility requirements for a type
rating in that aircraft or already holds that type rating on their
certificate; and
    (2) The practical test contains the tasks and maneuvers for a type
rating specified in the areas of operation at the airline transport
pilot certification level.
0
18. Amend Sec.  61.51 by revising paragraph (f)(2) to read as follows:

Sec.  61.51  Pilot logbooks.

* * * * *
    (f) * * *
    (2) Holds the appropriate category, class, and instrument rating
(if a class or instrument rating is required) for the aircraft being
flown, and more than one pilot is required under the type certification
of the aircraft or the regulations under which the flight is being
conducted; or
* * * * *
0
19. Amend Sec.  61.55 by revising paragraph (a) to read as follows:

Sec.  61.55  Second-in-command qualifications.

    (a) A person may serve as a second-in-command of an aircraft type
certificated for more than one required pilot flight crewmember or in
operations requiring a second-in-command pilot flight crewmember only
if that person meets the following requirements:
    (1) Holds at least a private pilot certificate with the appropriate
category and class rating;
    (2) Holds an instrument rating or privilege that applies to the
aircraft being flown if the flight is under IFR;
    (3) Holds at least a pilot type rating for the aircraft being flown
unless the flight will be conducted as domestic flight operations
within the United States airspace; and
    (4) If serving as second-in-command of a powered-lift, satisfies
the requirements specified in Sec.  194.209(a) of this chapter.
* * * * *
0
20. Amend Sec.  61.57 by revising paragraphs (a)(1)(ii), (b)(1)(ii),
and (g)(1) and (4) to read as follows:

Sec.  61.57  Recent flight experience: Pilot in command.

    (a) * * *
    (1) * * *
    (ii) The required takeoffs and landings were performed in an
aircraft of the same category, class, and type (if a class or type
rating is required), and, if the aircraft to be flown is an airplane
with a tailwheel, the takeoffs and landings must have been made to a
full stop in an airplane with a tailwheel.
* * * * *
    (b) * * *
    (1) * * *
    (ii) The required takeoffs and landings were performed in an
aircraft of the same category, class, and type (if a class or type
rating is required).
* * * * *
    (g) * * *
    (1) An Examiner who is qualified to perform night vision goggle
operations in that same aircraft category and class (if a class rating
is required);
* * * * *
    (4) An authorized flight instructor who is qualified to perform
night vision goggle operations in that same aircraft category and class
(if a class rating is required);
* * * * *

Sec.  61.63  [Amended]

0
21. Amend Sec.  61.63 by removing and reserving paragraph (h).
0
22. Amend Sec.  61.64 by revising paragraphs (a)(1) and (e), (f)
introductory text, and (g)(1) to read as follows:

Sec.  61.64  Use of a flight simulator and flight training device.

    (a) * * *
    (1) Must represent the category, class, and type (if a class or
type rating is applicable) for the rating sought, except that a person
may not use a flight simulator or flight training device representing
an aircraft requiring a type rating for any portion of the practical
test without seeking a type rating for that aircraft; and
* * * * *
    (e) Except as provided in paragraph (f) of this section, if a
powered-lift is not used during the practical test for a type rating in
a powered-lift (except for preflight inspection), an applicant must
accomplish the entire practical test in a Level C or higher flight
simulator and have 500 hours of flight time in the type of powered-lift
for which the rating is sought.
    (f) If the applicant does not meet one of the experience
requirements of paragraphs (b)(1) through (5), paragraphs (c)(1)
through (5), paragraphs (d)(1) through (4), or paragraph (e) of this
section, as appropriate to the type rating sought, then--
* * * * *
    (g) * * *
    (1) Performs 25 hours of flight time in an aircraft of the
appropriate category, class, and type for which the limitation applies
under the direct observation of the pilot in command who holds a
category, class (if a class rating is required), and type rating,
without limitations, for the aircraft;
* * * * *
0
23. Amend Sec.  61.109 by revising paragraph (e)(5) introductory text
to read as follows:

Sec.  61.109  Aeronautical experience.

* * * * *
    (e) * * *
    (5) 10 hours of solo flight time in a powered-lift consisting of at
least--
* * * * *
0
24. Amend Sec.  61.163 by adding paragraphs (c), (d), and (e) to read
as follows:

Sec.  61.163  Aeronautical experience: Powered-lift category rating.

* * * * *
    (c) Flight time logged under Sec.  61.159(c) may be counted toward
the 1,500 hours of total time as a pilot required by paragraph (a) of
this section and the flight time requirements of paragraphs (a)(1),
(2), and (4) of this section.
    (d) An applicant who credits time under paragraph (c) of this
section is issued an airline transport pilot certificate with the
limitation ``Holder does not meet the pilot in command aeronautical
experience requirements of ICAO,'' as prescribed under Article 39 of
the Convention on International Civil Aviation.
    (e) An applicant is entitled to an airline transport pilot
certificate without the ICAO limitation specified under paragraph (d)
of this section when the applicant presents satisfactory evidence of
having met the ICAO requirements under paragraph (d) of this section
and otherwise meets the aeronautical experience requirements of this
section.

Sec.  61.165  [Amended]

0
25. Amend Sec.  61.165 by removing paragraph (g).
0
26. Amend Sec.  61.167 by revising the introductory text of paragraph
(a)(2) to read as follows:

Sec.  61.167  Airline transport pilot privileges and limitations.

    (a) * * *
    (2) A person who holds an airline transport pilot certificate and
has met the aeronautical experience requirements of Sec.  61.159, Sec.
61.161, or Sec.  61.163, and the age requirements of Sec.  61.153(a)(1)
may instruct--
* * * * *

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
27. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40113,
40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715,
44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122,
47508, 47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49 U.S.C.
44703 note); articles 12 and 29 of the Convention on International
Civil Aviation (61 Stat. 1180), (126 Stat. 11).

0
28. Amend Sec.  91.1 by revising paragraph (d) and adding paragraph (g)
to read as follows:

Sec.  91.1  Applicability.

* * * * *
    (d) This part also establishes requirements for operators to take
actions to support the continued airworthiness of each aircraft.
* * * * *
    (g) Additional requirements for powered-lift operations are set
forth in part 194 of this chapter.

Sec.  91.205  [Amended]

0
29. Amend Sec.  91.205 by removing the word ``category'' after the word
``standard'' wherever it appears.
0
30. Amend Sec.  91.903 by revising paragraph (a) to read as follows:

Sec.  91.903  Policy and procedures.

    (a) The Administrator may issue a certificate of waiver authorizing
the operation of aircraft in deviation from any rule listed in this
subpart or any rule listed in this subpart as modified by subpart C of
part 194 of this chapter if the Administrator finds that the proposed
operation can be safely conducted under the terms of that certificate
of waiver.
* * * * *
0
31. Amend Sec.  91.1053 by revising paragraph (a)(2)(i) to read as
follows:

Sec.  91.1053  Crewmember experience.

    (a) * * *
    (2) * * *
    (i) Pilot in command--Airline transport pilot and applicable type
ratings not limited to VFR only.
* * * * *

Sec.  91.1115  [Amended]

0
32. Amend Sec.  91.1115(b)(1) by removing the word ``airplane'' and
adding in its place the word ``aircraft''.

PART 97--STANDARD INSTRUMENT PROCEDURES

0
33. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114,
40120, 44502, 44514, 44701, 44719, and 44721-44722.

0
34. Amend Sec.  97.1 by adding paragraph (c) to read as follows:

Sec.  97.1  Applicability.

* * * * *
    (c) Additional applicability of copter procedures for powered-lift
is set forth in part 194 of this chapter.

PART 111--PILOT RECORDS DATABASE

0
35. The authority citation for part 111 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40101, 40113, 44701, 44703,
44711, 46105, 46301.

0
36. Amend Sec.  111.1 by revising paragraph (b)(4) introductory text
and adding paragraph (b)(4)(iii) to read as follows:

Sec.  111.1  Applicability.

* * * * *
    (b) * * *
    (4) Each operator that operates two or more aircraft described in
paragraph (b)(4)(i), (ii), or (iii) of this section, in furtherance of
or incidental to a business, solely pursuant to the general operating
and flight rules in part 91 of this chapter, or that operates aircraft
pursuant to a Letter of Deviation Authority issued under Sec.  125.3 of
this chapter.
* * * * *
    (iii) Large powered-lift.
* * * * *

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
37. The authority citation for part 135 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 41706, 44701-44702,
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105;
Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).

0
38. Amend Sec.  135.1 by adding paragraph (d) to read as follows:

Sec.  135.1  Applicability.

* * * * *
    (d) Additional requirements for powered-lift operations, training,
checking, and testing, are set forth in part 194 of this chapter.
0
39. Amend Sec.  135.100 by:
0
a. Adding paragraph (d); and
0
b. Removing the note at the end of the section.
    The addition reads as follows:

Sec.  135.100  Flight crewmember duties.

* * * * *
    (d) For purposes of this section, taxi is defined as ``movement of
an aircraft under its own power on the surface of an airport''.
0
40. Amend Sec.  135.152 by revising paragraph (j) to read as follows:

Sec.  135.152  Flight data recorders.

* * * * *
    (j) For all turbine-engine-powered airplanes with a seating
configuration, excluding any required crewmember seat, of 10 to 30