Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes

The Federal Aviation Administration (FAA) in Washington DC has promulgated a final rule published in the Federal Register on Thursday, November 21, 2024, 89 FR 92296, entitled Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes.

To safely integrate powered-lift in the national airspace system (NAS), the FAA in this landmark final rule is making permanent changes to parts 61, 135, and 142. These changes are intended to   ease the training and certification requirements of powered-lift pilots and instructors. The FAA is also issuing a temporary Special Federal Aviation Regulation (SFAR) for a period of ten years that supplements existing rules, creates temporary alternatives for airman certification, removes operational barriers, finalizes other amendments which are necessary to integrate powered-lift into the National Airspace System (NAS) and mitigates safety risks for powered-lift.  (Powered-lift is defined in 14 CFR § 1.1 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.)

In this final action, the FAA stated that it did not establish any new requirements for the type certification of powered-lift, nor did it revise existing type certification requirements. The FAA noted that existing aircraft certification requirements are sufficient to type certificate powered-lift as a special class under § 21.17(b). However, the FAA did adopt new requirements for pilots to allow them to hold type ratings for each powered-lift they fly. The FAA also adopted new qualification requirements for powered-lift pilots serving in part 135 operations.

To address the perceived gaps in the airman certification process, the FAA final action provides alternatives to certain requirements in part 61 through the establishment of a new part 194, Special Federal Aviation Regulation No. 120—Powered-Lift: Pilot Certification and Training; Operations Requirements. This new section will facilitate the training and certification of the initial cadre of powered-lift instructors and pilots. In addition to this alternate framework, the FAA adopted several pathways to certificate powered-lift pilots utilizing aircraft with a single flight control and single pilot station. The FAA is facilitating this process through three options: (1) recognition of a single flight control that is accessible by both the student and flight instructor and allows for the instructor to immediately intervene if necessary; (2) expanded use of simulators to allow an applicant to train in a simulator and gain necessary experience solo in the aircraft; and (3) deviation authority for consideration of future advancements in technology that is not currently validated at this time. These changes significantly expanded the ability to use flight simulator technology as part of pilot training and qualification programs. The SFAR also incorporates several very workable options for training pilots in powered-lift using a single set of controls.

The full text of the final rule can be found here:

The FAA Releases Its Final Remote ID Rules for Unmanned Aircraft

The U.S. Department of Transportation’s Federal Aviation Administration (“FAA”) on December 28, 2020, in a press release announced final rules for Unmanned Aircraft (“UA”), commonly known as drones.  These final rules were published in the Federal Register on January 15, 2021, at 86 FR 4390, which established March 16, 2021 as the date upon which the rules will become final.

The first rule will require Remote Identification (“Remote ID”) of drones and allow operators of small drones to fly over people and at night under certain conditions. The FAA press release indicated that the new rule Remote ID rules are timely, since drones represent the fastest-growing segment in the entire transportation sector – with currently over 1.7 million drone registrations and 203,000 FAA-certificated remote pilots.

The FAA in its press release states that “Remote ID will help mitigate risks associated with expanded drone operations, such as flights over people and at night, and both rules support technological and operational innovation and advancements.”

The new rules should have a significant impact with respect to the development of the UAS industry.  “The new rules make way for the further integration of drones into our airspace by addressing safety and security concerns,” said FAA Administrator Steve Dickson. “They get us closer to the day when we will more routinely see drone operations such as the delivery of packages.”

The Remote ID rule (PDF) applies to all operators of drones that require FAA registration. There are three ways to comply with the operational requirements:

1. Operate a standard Remote ID drone that broadcasts identification and location information of the drone and control station;

2. Operate a drone with a Remote ID broadcast module (may be a separate device attached to the drone), which broadcasts identification, location, and take-off information; or

3. Operate a drone without Remote ID but at specific FAA-recognized identification areas.

See the link to the full text of the final rule at FAA’s Remote ID webpage here. 

There is one interesting note initially from a legal perspective.  The FAA makes clear in the Remote ID Executive Summary in footnote 1 that the new Remote ID rules apply broadly to unmanned aircraft (“UA”) and not simply unmanned aircraft systems (“UAS”).  Footnote 1 states in part:

The FAA does not use the terms unmanned aircraft system and unmanned aircraft interchangeably. The FAA uses the term unmanned aircraft as defined in 14 CFR 1.1 to refer specifically to the unmanned aircraft itself. The FAA uses the term unmanned aircraft system to refer to both the unmanned aircraft and any communication links and components that control the unmanned aircraft. As explained in section V.A of this rule, the FAA is adding the definition of unmanned aircraft system to 14 CFR part 1.

Given the extensive nature of this Remote ID final rule (124 pages in the Federal Register) further analysis of this final rule will follow.