FAA Releases Regulation For Powered-Lift Aircraft

LAS VEGAS—The FAA on Oct. 22 announced the release of a regulation that creates the operating and pilot training basis for a new category of powered-lift aircraft, a development considered critical to the success of the emerging advanced air mobility (AAM) industry.

FAA Administrator Michael Whitaker signed the Integration of Powered-Lift: Pilot Certification and Operations SFAR during the NBAA-BACE conference here, flanked by the leaders of the U.S. House Transportation and Infrastructure Committee, AAM executives, previous FAA administrators and industry officials. In the background was a Joby Aviation’s electric vertical-takeoff-and-landing (eVTOL) air taxi, one of the AAM vehicles undergoing certification.

“This rule creates the operational system for advanced air mobility,” said Whitaker, who served as chief operating officer of AAM vehicle developer Supernal before becoming FAA administrator in October 2023. “It involves operating rules and training rules to take effect with these new aircraft that you’re seeing here. It is in effect for 10 years. That will give us a chance to look at the flight data [and] make adjustments as we go along.”

The 800-page SFAR was drafted in 16 months after the FAA surprised the industry by announcing a regulatory policy shift governing AAM vehicles in May 2022. Rather than evaluating new eVTOL aircraft under existing Part 23 regulations for airplanes, the agency informed AAM developers that it would require them to certify their vehicles as powered-lift aircraft under Part 21.17(b) “special class” rules. 

The shift required the FAA to issue the SFAR to recognize the new class of powered-lift aircraft within its pilot training and operating regulations—something it committed to doing within two years. Language in the 2023 omnibus appropriations bill reiterated that commitment, requiring the agency to complete the SFAR by Dec. 31, 2024.

“The fact that the FAA got the SFAR on time as was prescribed in the FAA reauthorization is a testament to the leadership now at the FAA,” said U.S. Rep. Sam Graves (R-Mo.), the Transportation Committee chairman. “This just reaffirms why I supported Mike Whitaker for administrator to the FAA because he’s doing the job and he’s getting the work done.

“We’re reading through it—it’s obviously a pretty big package,” Graves added. “There are some rough edges we may have to file off, but we will get through this process. When you add a new entrant into the airspace there’s always going to be some complications.”

Joby Aviation announced in August that it had rolled a third prototype aircraft off its pilot production line in Marina, California, and expected to have four aircraft in flight testing this year. The startup said it was progressing through the fourth of five stages of the type certification process.

“The SFAR gives us clarity,” said Joby Aviation CEO JoeBen Bevirt, who remarked on the new regulation in advance of the official announcement. “It is gives us clarity on the operational rules, it gives us clarity on pilot training. That is essential, and I’m so grateful to the FAA for leaning in and getting this done ahead of schedule. Clarity for this emerging advanced air mobility industry is absolutely vital.”