Industry Challenge:
Last year, the industry came together to provide detailed comments to the FAA’s 2023 NPRM on powered-lift operations and pilot qualifications. Now, the FAA has published the final rule aimed at determining next steps for initial operations, anticipated in 2025.
NBAA Response:
NBAA will provide analysis of the final rule language. The association will continue to advocate for the AAM industry to ensure practical regulations and policies allow for safe implementation of this nascent industry segment.
In June 2023, the FAA published the long-awaited Special Federal Aviation Regulation (SFAR) Notice of Proposed Rulemaking (NPRM) addressing operational and pilot qualification requirements for powered-lift aircraft. The proposal introduced Part 194 SFAR No. 120 – Powered-Lift: Pilot Certification and Training; Operations Requirements. It revised several rules, allowing for powered-lift operations in Parts 91, 135 and 136 Commercial Air Tours and National Parks Air Tour Management.
The final rule was published on October 22, announced by FAA Administrator Michael Whitaker at the 2024 NBAA Business Aviation Convention & Exhibition in Las Vegas, NV. The document was released amid high expectations by the advanced air mobility (AAM) industry regarding the language of the final rule. Industry leaders had expressed several concerns to the FAA with the proposed language.
“AAM is a new and emerging industry with a broad range of players and aircraft capabilities. Nonetheless, the entire industry demonstrated clear alignment in its response to the FAA’s NPRM on how to operate safely and have safe, qualified pilots,” said Matt Broffman, vice president of commercial, Americas, for Lilium, prior to the SFAR’s publication. “Incredible work was done on an international level. The industry hopes the FAA adopts similar policies to implement safe operations in the U.S.”
NBAA’s AAM Roundtable facilitated discussions with the AAM industry and other NBAA members on the broader implications of the rulemaking, submitting comments to the FAA in 2023.
“After reviewing the FAA's proposed regulation, NBAA championed constructive industry-aligned feedback to the FAA. ”
DOUG CARR, NBAA Senior Vice President of Regulations, Safety, Security, Sustainability & International Operations
“The International Civil Aviation Organization describes, and other civil aviation authorities are developing, practical pathways to pilot qualification and reasonable operational frameworks. After reviewing the FAA’s proposed regulation, NBAA championed constructive industry-aligned feedback to the FAA,” said Doug Carr, NBAA senior vice president, safety, security, sustainability and international operations.
“The AAM industry expects this SFAR to be the framework that enables initial operations, but we also anticipate regulations and policy to evolve over time as these aircraft demonstrate their capabilities and the FAA better understands use cases,” said Ryan Naru, aviation policy and regulatory affairs lead at Joby Aviation, prior to the SFAR’s publication.
“Industry is ready to work with the FAA on the guidance and policy pieces that support the regulations,” said Naru. “We look forward to the final rule language so we can further our own training and operations policies and procedures and make final preparations for the launch of safe, successful commercial operations.”
Initial commercial powered-lift operations in the U.S. could begin as soon as 2025.
International Business Aviation Council Ltd.