Sec. 652. Powered-lift aircraft rulemakings
636 words·~3 min read·
/bill/118/hr/3935/eh/section-652·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 13 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall publish a final rule for a special Federal aviation regulation establishing procedures for certifying powered-lift pilots and providing operational rules for powered-lift aircraft. Not later than 5 years after the date of enactment of this Act, the Administrator shall initiate a rulemaking activity providing for a permanent pathway for the— performance-based certification of powered-lift aircraft; certification of powered-lift airmen; and operation of powered-lift aircraft in commercial service and air transportation.
In the development of the rulemakings required under subsections
(a)and (b), the Administrator shall— provide for any aircraft type certificated by the Administrator— a practical pathway for pilot qualification and operations; and performance-based requirements for energy reserves and other range- and endurance-related requirements that reflect the capabilities and intended operations of the aircraft; provide for a combination of pilot training requirements, including simulators, to ensure the safe operation of powered-lift aircraft; grant an individual with an existing commercial airplane (single- or multi-engine) or helicopter pilot certificate the authority to serve as pilot-in-command of a powered-lift aircraft in commercial operation following the completion of a Federal Aviation Administration-approved pilot type rating for such type of aircraft; to the maximum extent practicable, align powered-lift pilot qualifications with section 2.1.1.4 of the International Civil Aviation Organization’s Annex 1; consider the adoption of the recommendations contained in document 10103 of the International Civil Aviation Organization for powered-lift operations, as appropriate; and consult with the Secretary of Defense with regard to— the U.S. Air Force Agility Prime Program and powered-lift aircraft evaluated and deployed for military purposes, including the F35B program; the commonalities and differences between powered-lift aircraft types and the handling qualities of such aircraft; and the pathways for pilots to gain proficiency and earn the necessary ratings required to act as a pilot in command of powered-lift aircraft. In the development of the rulemakings required under subsection (b), the Administrator shall— consider and plan for unmanned and remotely piloted powered-lift aircraft systems, and the associated elements of such aircraft, through the promulgation of performance-based regulations; consider and plan for alternative fuel types and propulsion methods, including reviewing the performance-based nature of parts 33 and 35 of title 14, Code of Federal Regulations; work to harmonize the certification and operational requirements of the Federal Aviation Administration with the certification and operational requirements of civil aviation authorities with bilateral safety agreements in place with the United States, to the extent harmonization does not negatively impact domestic manufacturers and operators; and inform such rulemakings based on operations and efforts that occur as a result of the special Federal aviation regulation pursuant to subsection (b). Beginning 21 months after the date of enactment of this Act, if a final rule has not been published pursuant to subsection (a)— rules in effect on such date that apply to the operation and the operator of rotorcraft or fixed-wing aircraft under subchapters F, G, H, and I of chapter 1 of title 14, Code of Federal Regulations, shall be— deemed to apply to— the operation of a powered-lift aircraft in the national airspace system; and the operator of such a powered-lift aircraft; and applicable as determined by the operator of an airworthy powered-lift aircraft in consultation with the Administrator and consistent with sections 91.3 and 91.13 of title 14, Code of Federal Regulations; and upon the completion of a type rating for a specific powered-lift aircraft, airmen that hold a pilot or instructor certification with airplane category ratings in any class or rotorcraft category ratings in the helicopter class shall be deemed to have privileges of a powered-lift rating for that aircraft. Subsection
(d)shall cease to have effect 1 month after the effective date of a final rule issued pursuant to subsection (a).