The FAA recently issued a Notice of Proposed Rulemaking (“NPRM”) marking the first of multiple anticipated rulemakings to align regulations with the FAA’s decision earlier this year to change course on the certification of electric vertical take-off and landing (“eVTOL”) aircraft. Notably, the NPRM incorporates the concept of “powered-lift” aircraft into the regulatory framework. The key proposals under the NPRM include the incorporation of the powered-lift category of aircraft in operations definitions and related requirements, air carrier management personnel qualifications, recordkeeping requirements in operations specifications, and the FAA’s plan to publish a Special Federal Aviation Regulation (“SFAR”) with temporary operating and airman certification regulations. While the NPRM is a necessary step to accommodate the FAA’s new approach to certification and future rules for operations and pilots, eVTOL manufacturers and operators will await the release of the SFAR to learn of more substantive requirements impacting certification and future operations. Public comments…
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