Tag Archives: #faa

  • 25
    Oct 24
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FAA Clears the Runway for the Future of Advanced Air Mobility Travel

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What It Means for Your Aviation Business – and the Legal Challenges Ahead

The Federal Aviation Administration (FAA) on Oct. 22, 2024, took a significant step toward the future of advanced air mobility (AAM) travel by releasing its final Special Federal Aviation Regulation (SFAR) on powered-lift pilot certification and operation. The powered-lift category of aircraft includes electric vertical takeoff and landing (eVTOL) aircraft or air taxis. Although the powered-lift category has existed for a long time, it was largely unused in the civil context until recent innovations in electric propulsion made powered-lift aircraft more attractive. This updated FAA approach to powered lift aircraft is expected to be the most significant innovation in civil aviation since the introduction of helicopters in the 1940s. Powered-lift aircraft, capable of vertical takeoff like helicopters and efficient cruising like airplanes, are set to revolutionize urban mobility, cargo delivery and other aviation services. FAA Administrator Michael Whitaker’s background working for an eVTOL company prior to his nomination helped inform the FAA’s approach and priority to this SFAR. While this new rule paves the way for widespread use of powered-lift aircraft, it also introduces a host of legal and regulatory complexities that businesses must navigate.

  1. Pilot Training and Certification Compliance. The FAA’s final rule includes a comprehensive framework for the certification and training of pilots and instructors in powered-lift operations. Due to the unique nature of these aircraft – combining characteristics of both helicopters and airplanes – the rule applies some helicopter-specific operating requirements during certain phases of flight, while adopting a performance-based approach for other aspects of operations. Notably, the SFAR allows AAM companies to train pilots in powered-lift with a single set of flight controls. This changes the FAA’s precedent, which traditionally required two flight controls – one for the student and one for the instructor.

For businesses developing pilot training programs, it’s important to note that the FAA has left the door open for future advancements in training technology. Under 14 CFR Part 11, companies may petition for exemptions if they can demonstrate that new training technologies can achieve equivalent safety outcomes. For now, however, advancements in Full Flight Simulator Devices (FSTD) are not yet sufficient to warrant a reduced training footprint, meaning companies must comply with the FAA’s current requirements. Any business interested in proposing an alternative training solution will need to petition the FAA for an exemption in accordance with Part 11.

  1. Waivers and Exemptions for Operations. Another critical element of the new rule is its provision for waivers under 14 CFR § 91.903. The FAA has amended this section to allow waivers for powered-lift aircraft under certain operating conditions. For example, Section 91.107, which deals with the use of safety belts, is a waivable regulation under Section 91.903, and the corresponding powered-lift regulation (Section 194.302(c)) will also be waivable. This flexibility in regulations offers a pathway for businesses to request deviations from specific operating rules, provided they can demonstrate that safety standards will be maintained.

However, not all regulations are waivable. In cases where a specific rule cannot be waived, powered-lift operators may still petition the FAA for an exemption, providing another legal pathway for businesses seeking operational flexibility. Companies engaged in innovative approaches to powered-lift operations can petition for rulemaking or request exemptions when necessary, enabling them to adapt to evolving industry needs.

  1. Opportunities for Innovation and Legal Considerations. Though the FAA’s rule provides the framework for powered-lift operations, it also is expected to spur innovation within the industry. The FAA acknowledges that technological advancements may lead to new approaches to training, operations and safety. Businesses that pioneer new technologies or methodologies in powered-lift operations have the option to petition for regulatory exemptions or request the FAA consider new rules under Part 11. This offers a significant opportunity for companies to influence future regulatory developments and carve out competitive advantages in the powered-lift market.

At the same time, businesses must remain vigilant about regulatory compliance. The FAA has made it clear that safety remains its top priority, and the agency will closely scrutinize any petitions for exemption or rulemaking to ensure they align with established safety standards. Experienced legal counsel is essential to successfully navigating these regulatory waters, ensuring that any requests for waivers or exemptions are thoroughly supported by safety data and operational justification.

  • 23
    Aug 24
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FAA Admits Gaps in Aircraft Cybersecurity Rules: New Regulation Proposed

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New cybersecurity rules have been proposed in the US to mitigate vulnerabilities caused by the interconnectedness of modern aircraft.

The proposal, published by Federal Aviation Administration (FAA) in the Federal Register on August 21, highlighted the current trend in aircraft design of increased integration of airplane, engine and propeller systems with internal or external data networks and services.

The regulator warned that these designs are leading to vulnerabilities from sources such as maintenance laptops, public networks, wireless aircraft sensors, satellite communications and portable electronic devices, potentially affecting the safe operation of aircraft.

The FAA acknowledged that current regulations do not adequately address cyber-risks caused by the increased interconnectivity of these critical systems.

The FAA’s proposed rules will require aircraft manufacturers to demonstrate that their design both:

  • Protects against unauthorized access from inside or outside of the airplane
  • Prevents malicious changes to, and adverse impacts on, the airplane equipment, systems, and networks required for safe operation

Manufacturers will be required to conduct a security risk analysis to identify all security risks posed by intentional unauthorised electronic interactions (IUEI), and mitigate those risks as necessary for safety, functionality and continued airworthiness.

The applicants would also be required to develop procedures to ensure the maintenance of such protections.

The proposed rule applies to any engine and propeller systems installed in airplanes, equipment, and networks that are susceptible to IUEI.

FAA Rules Harmonize with EU Standards

The FAA aims to harmonize its cybersecurity standards for aircraft with other civil aviation authorities, including the European Union Aviation Safety Agency’s Easy Access Rules for Large Aeroplanes  CS-25 regulation. The US agency acknowledged that currently, aircraft manufacturers must meet both airworthiness standards to obtain certification in the US and other jurisdictions.

This approach “would benefit manufacturers and modifiers by providing them a single set of requirements with which they must show compliance, thereby reducing the cost and complexity of certification and codifying a consistent level of safety,” the FAA said.

The proposed rules would also eliminate the need for the FAA to continually issue special conditions during the certification process, reducing costs and time for the regulator.

These special conditions address a project-specific novel or unusual feature of the applicant’s proposed design.

  • 03
    Jul 24
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The FAA Is Open To Using AI To Improve Aviation Safety

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The Federal Aviation Administration (FAA) has requested information to look into advanced analytics through artificial intelligence capabilities to improve overall aviation safety and meet the FAA’s requirements for understanding factors for safety events in the National Airspace System (NAS). Market research will identify the existing capabilities and areas for growth in aviation safety and obtain industry feedback.

Further information from this period will gauge market interest, the industry’s ability, and the level of customization needed to deploy the AI capabilities into FAA infrastructuCurrentlyesent, the FAA has several capabilities within the Aviation Safety Information Analysis and Sharing (ASIAS) system. These capabilities work with several connected and disconnected systems. They are utilized for information analysis and cross-sharing of information with multiple stakeholders.

Expanding insights

The FAA presumes a new safety AI system will expand the insights from its current sources and use the data to provide a comprehensive understanding of the factors that lead to high-risk operations and to which environment. The end product will be a custom-built analytics tool that can be widely used by direct and indirect stakeholders who work within or for the aviation industry.

Goals for the FAA have been outlined, as per SAM.GOV, which identified these key points:

  • Enhance predictive analytics capabilities to identify and mitigate potential safety risks proactively.
  • Leverage AI and machine learning to analyze safety data and derive actionable insights.
  • Integrate various data sources to provide a comprehensive view of aviation safety factors.
  • Improve the overall safety of the NAS through advanced analytics and rapid response to identified risks.

AI will face several safety and security constraints and challenges for its integration, including data sensitivity, data variety, time, and overall integration process. So, as part of this process, the FAA has asked for interested vendors to commit to their overall capability, current solutions and how they can be integrated, required changes to their solutions, and ability to leverage the shelf software to satisfy the FAA’s need, and how they can manage sensitive data (among several other requirements).

Interested vendors will be required to submit their applications in writing, and those chosen to proceed to the next stage may be requested to have one-on-one discussions with the FAA.

  • 28
    Jun 24
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FAA Removes Check Pilot Medical Requirement

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Rule also eliminates FAA regulatory inconsistencies

The FAA has finalized the substantive relief proposed five years ago that removes a requirement for check pilots, check flight engineers, and flight instructors to Part 135 and 121 operations to hold an FAA medical certificate when performing in-flight duties. This move also eliminates Part 135 and 121 regulatory inconsistencies.

“Removing the conflicting medical certificate requirement enables the utilization of pilots who are otherwise qualified to function as check pilots, check flight engineers, and flight instructors in aircraft,” according to the agency. This relief “would increase the number of experienced pilots who would be able to qualify as Part 135 check pilots on aircraft.” Similar clarifying changes were also made to Part 121.

Comments received to the NPRM noted that the originally proposed revisions were insufficient to achieve the goal of the rulemaking: elimination of medical certificate requirement confusion. Therefore, the FAA is adopting different language than proposed for further clarification.

“The substantive relief remains unchanged from that proposed in the 2019 NPRM and historical practice—elimination of medical certificate requirements if not serving as a required flight crewmember,” the agency said. The new rule becomes effective on July 18.

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