§ 955. RULES FOR OPERATION OF POWERED-LIFT AIRCRAFT.
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/usc/title-49/section-955A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
SFAR Rulemaking.— In general .— Not later than 7 months after the date of enactment of this Act [ May 16, 2024 ], the Administrator shall publish a final rule for the Special Federal Aviation Regulation of the FAA titled ‘Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes’, issued on June 14, 2023 (2120–AL72), establishing procedures for certifying pilots of powered-lift aircraft and providing operational rules for powered-lift aircraft capable of transporting passengers and cargo.
Requirements .— With respect to any powered-lift aircraft type certificated by the Administrator, the regulations established under paragraph
(1)shall— provide a practical pathway for pilot qualification and operations; establish 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; and to the maximum extent practicable, align powered-lift pilot qualifications with section 2.1.1.4 of Annex 1 to the Convention on International Civil Aviation published by the International Civil Aviation Organization. Considerations .— In developing the regulations required under paragraph (1), the Administrator shall— consider whether to 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 an FAA-approved pilot type rating for such type of aircraft; consult with the Secretary of Defense with regard to— the Agility Prime program of the United States Air Force; powered-lift aircraft evaluated and deployed for military purposes, including the F–35B program; and the commonalities and differences between powered-lift aircraft types and the handling qualities of such aircraft; and consider the adoption of the recommendations for powered-lift operations, as appropriate, contained in document 10103 of the International Civil Aviation Organization titled ‘Guidance on the Implementation of ICAO Standards and Recommended Practices for Tilt-rotors’, published in 2019. Interim Application of Rules and Privileges in Lieu of Rulemaking.— In general .— Beginning 16 months after the date of enactment of this Act, if a final rule has not been published pursuant to subsection (a)— the rules in effect on the date that is 16 months after the date of enactment of this Act 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 such specific powered-lift aircraft. Termination of interim rules and privileges .— This subsection shall cease to have effect 1 month after the effective date of a final rule issued pursuant to subsection (a). Powered-lift Aircraft Aviation Rulemaking Committee.— In general .— Not later than 3 years after the date on which the Administrator issues the first certificate to commercially operate a powered-lift aircraft, the Administrator shall establish an aviation rulemaking committee (in this section referred to as the ‘Committee’) to provide the Administrator with specific findings and recommendations for, at a minimum, the creation of a standard pathway for the— performance-based certification of powered-lift aircraft; certification of airmen capable of serving as pilot-in-command of a powered-lift aircraft; and operation of powered-lift aircraft in commercial service and air transportation. Considerations .— In providing findings and recommendations under paragraph (1), the Committee shall consider the following: Outcome-driven safety objectives to spur innovation and technology adoption and promote the development of performance-based regulations. Lessons and insights learned from previously published special conditions and other Federal Register notices of airworthiness criteria for powered-lift aircraft. To the maximum extent practicable, aligning powered-lift pilot qualifications with section 2.1.1.4 of Annex 1 to the Convention on International Civil Aviation published by the International Civil Aviation Organization. The adoption of the recommendations contained in document 10103 of the International Civil Aviation Organization titled ‘Guidance on the Implementation of ICAO Standards and Recommended Practices for Tilt-rotors’, published in 2019, as appropriate. Practical pathways for pilot qualification and operations. Performance-based requirements for energy reserves and other range- and endurance-related designs and technologies that reflect the capabilities and intended operations of the aircraft. A combination of pilot training requirements, including simulators, to ensure the safe operation of powered-lift aircraft. Report .— The Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee. Powered-lift Aircraft Rulemaking.— In general .— Not later than 270 days after the date on which the Committee submits the report under subsection (c)(3), the Administrator shall initiate a rulemaking to implement the findings and recommendations of the Committee, as determined appropriate by the Administrator. Requirements .— In developing the rulemaking under paragraph (1), the Administrator shall— consult with the Secretary of Defense with regard to methods for pilots to gain proficiency and earn the necessary ratings required to act as a pilot-in-command of powered-lift aircraft; consider and plan for unmanned and remotely piloted powered-lift aircraft, and the associated elements of such aircraft, through the promulgation of performance-based regulations; consider any information and experience gained from operations and efforts that occur as a result of the Special Federal Aviation Regulation of the FAA titled ‘Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes’, issued on June 14, 2023 (2120–AL72); consider whether to 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 an FAA-approved pilot type rating for such type of aircraft; work to harmonize the certification and operational requirements of the FAA with those of civil aviation authorities with bilateral safety agreements in place with the United States, to the extent such harmonization does not negatively impact domestic manufacturers and operators; and consider and plan for the use of alternative fuel types and propulsion methods, including reviewing the performance-based nature of parts 33 and 35 of title 14, Code of Federal Regulations, and any related recommendations provided to the Administrator by the aviation rulemaking advisory committee described in section 956.