On October 22, 2024, the FAA issued a final rule for the qualifications and training that instructors and pilots must have to fly powered-lift aircraft.  The rule also addresses operational requirements, including minimum safe altitudes and required visibility for operation of powered-lift aircraft.  “Powered-lift” is the designation that FAA has given to what many enthusiasts think of as “eVTOL” aircraft. 

This is an exciting time for the industry.  The FAA’s announcement of this final rule is a major milestone in the U.S., as it introduces the first new category of civil aircraft in nearly 80 years.  The rule demonstrates the FAA’s commitment to this new category of aircraft – which have flight characteristics of both airplanes and helicopters – for operation in the U.S. national airspace.  It also shows the FAA’s determination to accommodate AAM operations in the future.  Indeed, this is a giant step forward towards an airspace that is open to air taxis, cargo delivery, and a variety of operations within urban and rural areas.  The rule lays the groundwork for safely integrating powered-lift operations by outlining specific requirements for pilots, as well as operational rules under which the pilots will fly. 

In reviewing the 800+ page final rule, the FAA appears to be taking a measured, thoughtful, and reasonable approach for powered-lift operations.  For instance, the final rule implements certain existing helicopter rules, in response to the industry’s interest in permitting existing helicopter pilots to rely on rules with which they are already familiar.  The rule also establishes a Special Federal Aviation Regulation (SFAR), which contains new requirements to facilitate instructors’ ability to help new powered-lift pilots with their requirements.  For example, powered-lift pilots will now be able to train with a single set of flight controls.  Under previous rules, the aircraft needed to have two sets of flight controls, which would significantly challenge eVTOL manufacturers by requiring them to design “training aircraft” distinct from the aircraft that will be used in commercial operations. 

While this final rule clears a giant hurdle for powered-lift operations and accompanying pilot rules, there remains a missing piece to the puzzle: many powered-lift operations will still require a type-certified aircraft that has been produced in compliance with a production certificate.  Although a few eVTOL manufacturers are progressing in the FAA’s type certification process, that process remains ongoing.  Despite some incredible achievements and demonstrations by eVOTL manufacturers, they still await FAA approval.  So, while the rules are great to have, manufacturers of commercial use powered-lift aircraft continue the process of attempting to achieve type certification for commercial operations.  This is no secret to the FAA, and we aware of several manufacturers who are doing everything possible to prove to the FAA that they are entitled to receive such certifications as swiftly as possible. 

While the FAA is often criticized for moving slowly, the FAA issued this final rule - required by the FAA Reauthorization Act of 2024 – ahead of schedule.  We are certain that the AAM industry overall is both excited and cautiously optimistic that the FAA will continue to take concrete steps to get powered-lift aircraft certified and in our skies. 

The 800+ page final rule is a long but constructive framework, and it is reasonable to expect that it will take time for would-be pilots to sort through and comprehend the rules.  It will also take time for the industry to interpret these rules and implement further refinements.  But the issuance of this final rule, without question, demonstrates the FAA’s commitment and dedication to a future of safe (and clean) advanced air mobility, in the US.  The publication of this final rule is perhaps a signal from the FAA that in the not-too-distant future, powered-lift commercial operations will become a reality.  

UK Perspective 

As a global law firm, we strive to provide insight from multiple jurisdictions relating to important regulatory developments. We think it’s fair to say that the FAA is further down the track in terms of implementing regulation specific to VTOL operations.  The UK CAA is currently in consultation with stakeholders to develop a clear understanding of what regulations and policies are needed in this space.  In the meantime, the UK CAA is using existing legislation for the regulation of VTOL operations in the UK.  The UK CAA issued several policy statements in October 2023 as interim guidance to enable stakeholders to proceed with planning operations while formal rulemaking is in process. While the UK CAA will, no doubt, consider the VTOL-related regulation issued in the United States, it is “firmly focused on introducing regulations that are appropriate for the UK environment.”