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3.4.3 Section 91.213, Inoperative Instruments and Equipment. Section 91.213 prescribes the circumstances in which an aircraft may be operated with inoperative instruments and equipment. Powered-lift operators must have an approved minimum equipment list (MEL) as required by § 91.213(a) through (c) in order to take off an aircraft with inoperative instruments or equipment installed. Powered-lift operators should review the FAA’s Policy Letter PL-34, MMEL and MEL Preamble, for information on the policy and purpose of the MEL.
Note: Section 91.213(d) allows an aircraft without an approved MEL to continue t o be operated with inoperative instruments and equipment when certain conditions are met. Section 91.213(d) does not apply to powered-lift and is not included in the SFAR. Powered-lift without an approved MEL must comply with § 91.213(a) through (c) and may not take off with inoperative instruments and equipment installed.
3.4.4 Section 91.215, ATC Transponder and Altitude Reporting Equipment and Use (r efer to § 194.304). Section 91.215(b) states that no person may operate an aircraft in the airspace described in § 91.215(b)(1) through (b)(5) unless the aircraft is equipped with an operable coded radar beacon transponder. This regulation is applicable to aircraft, and therefore, applicable to powered-lift. All powered-lift are required under § 91.215(b)(1) to be equipped with an operable coded radar beacon transponder.
Note: Section 91.215(b)(3) and (b)(5) provide an exception to the requirement for a n aircraft to be equipped with an operable coded radar beacon transponder if the aircraft was not originally certificated with an engine-driven electrical system or has not subsequently been certified with an engine-driven electrical system.
Under § 194.304, the exceptions outlined in § 91.215(b)(3) and (b)(5) for aircraft not certificated with an engine-driven electrical system do not apply to powered-lift. All powered-lift are required under § 91.215(b)(1) to be equipped with an operable coded radar beacon transponder.
3.4.5 Section 91.219, Altitude Alerting System or Device (re fer to § 194.302(x)).
Section 91.219 prohibits the operation of a turbojet-powered U.S.-registered civil airplane unless that airplane is equipped with an approved altitude alerting system or device. Section 194.302(x) requires all powered-lift to comply with the altitude alerting requirements under § 91.219, regardless of powerplant type. To comply with this rule, powered-lift operators should refer to the current edition of AC 25.1322-1, Flightcrew Alerting, for acceptable means of compliance with the 14 CFR part 25 requirements for the design approval of flightcrew-alerting functions. AC 25.1322-1 contains information on the type of alert function elements that should be considered (including visual, aural, and tactile or haptic elements), alert management, the interface or integration of alerts with other systems, and color standardization.
3.4.6 Section 91.223, Terrain Awareness and Warning System (refe r to § 194.302(y)).
3.4.6.1 Section 194.302(y) Requirements. Section 194.302(y) requires powered-lift to comply with § 91.223(a) and (c). Section 91.223 requires powered-lift
3-11 configured with six or more passenger seats, excluding any pilot seat, to be equipped with a Helicopter Terrain Awareness and Warning System (HTAWS) that meets the requirements in Technical Standard Order (TSO)-C194, Helicopter Terrain Awareness and Warning System (HTAWS), and RTCA DO-309, Minimum Operational Performance Standards (MOPS) for Helicopter Terrain Awareness and Warning System (HTAWS) Airborne Equipment, section 2, or an FAA-approved Class A Terrain Awareness and Warning System (TAWS A)/HTAWS hybrid system. Powered-lift operators may meet the requirement by having either a traditional HTAWS or a hybrid TAWS A/HTAWS that has been approved by the FAA. The aircraft flight manual must also contain appropriate procedures for the use of the TAWS and proper flightcrew reaction in response to the TAWS audio and visual warnings.
3.4.6.2 HTAWS and Hybrid TAWS A/HTAWS Approvals.
3.4.6.2.1 FAA Aircraft Certification Service (AIR) certification branches are responsible for assessing HTAWS or hybrid equipment prior to installation and use on the aircraft. Field approvals are not authorized for these systems.
The assessment may occur at initial certification or when a supplemental or amended type certification is requested.
3.4.6.2.2 HTAWS that meet the TSO-C194 standard must be approved as part of the type certificate (TC) approval process under 14 CFR part 21, § 21.17(b).
3.4.6.2.3 HTAWS or hybrid TAWS A/HTAWS equipment that does not meet the TSO-C194 standard must be assessed and approved by the FAA prior to its installation and use under the TC process set forth in § 21.17(b).
3.4.6.2.4 Modifiers and Original Equipment Manufacturers (OEM) should submit requests to the responsible AIR certification branch. A list of AIR certification branches can be found at https://www.faa.gov/about/office_org/fi eld_offices/certification_branches.
3.4.7 Section 91.313, Restricted Category Civil Aircraft: Operating Limitations (refer to § 194.302(z)). Section 194.302(z) requires restricted category small powered-lift to comply with § 91.313(g) and be equipped with a shoulder harness or restraint system for each front seat.
Note: Section 91.313(a) through (e) applies to aircraft and therefore applies to powered-lift. Section 91.313(f) is not applicable to powered-lift because this rulemaking does not enable powered-lift to conduct operations under 14 CFR part 133.
3.5 Part 91 Subpart E, Maintenance, Preventive Maintenance, and Alterations.
Powered-lift must comply with the provisions in part 91 subpart E that are applicable to aircraft. Paragraphs 3.5.1 and 3.5.2 below detail how the regulations in part 91 subpart E that contain airplane- or helicopter-specific provisions apply to powered-lift.
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3.5.1 Section 91.409, Inspections (refer to § 194.302(aa)).
3.5.1.1 Section 194.302(aa) requires technically advanced powered-lift (TAPL) to comply with § 91.409(e) through (h). TAPL are powered-lift equipped with an electronically advanced system in which the pilot interfaces with a multi-computer system with increasing levels of automation in order to aviate, navigate, or communicate. Section 91.409(e) through (h) sets forth strict and specific inspection requirements for complex aircraft systems to ensure the airworthiness of the aircraft. Powered-lift that are not considered technically advanced as defined in the SFAR must continue to comply with § 91.409(a),
(b), and (d) because those provisions apply to all “aircraft.”
3.5.1.2 To be considered a TAPL for purposes of the SFAR as described in § 194.302(aa)(1), the powered-lift must be equipped with an electronically advanced multi-computer system that includes one or more of the following installed components:
1. An electronic primary flight display (PFD) that includes, at a minimum, an airspeed indicator, turn coordinator, attitude indicator, heading indicator, altimeter, and vertical speed indicator (VSI);
2. An electronic multifunction display (MFD) that includes, at a minimum, a moving map using Global Positioning System (GPS) navigation with the aircraft position displayed;
3. A multi-axis autopilot integrated with the navigation and heading guidance system; and
4. An advanced fly-by-wire-flight control system that utilizes electronically operated controls with no direct mechanical link from the pilot to the control surfaces.
3.5.1.3 The display elements described in paragraph 3.5.1.2, items 1 and 2 above must be continuously visible to ensure that the essential aircraft information is displayed and available to the pilot during all phases of flight.
3.5.1.4 The PFD is a display that provides increased situational awareness to the pilot by replacing the traditional six instruments used for instrument flight with an easy-to-scan single display that provides the horizon, airspeed, altitude, vertical speed, trend, trim, and rate-of-turn, among other key relevant indicators. In addition, the PFD is designed specific to controlling the TAPL attitude and altitude relative to the horizon and the surface of the earth, especially when outside visibility is poor or unavailable.
3.5.1.5 The MFD is a display that provides information to the pilot in numerous configurable methods. Often, an MFD will be used in concert with a PFD. The MFD has a different priority; its function is secondary to the PFD. The MFD will have an integrated multi-axis autopilot, navigation, and position
3-13 awareness information, even though it may include some PFD features for redundancy.
3.5.1.6 Determining whether a display is considered a PFD or an MFD will be based on certain minimum display elements specified by the FAA. Using specific characteristics to define TAPL allows the FAA to distinguish between highly complex and less complex powered-lift and to determine which inspection program is required. The FAA and the operator/applicant will determine whether the powered-lift meets the requirements of a TAPL and document the status of the display in the operator’s inspection program documents.
3.5.1.7 The rule determines whether a powered-lift constitutes a TAPL because it outlines the required criteria. As part of the operator’s certification process, the FAA will communicate with the operator for any specific data
(e.g., instructions for continued airworthiness (ICA) and aircraft manufacturer’s maintenance manuals) to substantiate the applicant’s inspection program.
3.5.1.8 AC 91-90, Part 91 Approved Inspection Programs, and AC 135-10, Approved Aircraft Inspection Program, prescribe the procedures to develop and submit a powered-lift or a TAPL inspection program in accordance with an inspection program selected under §§ 91.409(f)(4) and 135.419 for review and approval by the FAA. In addition, as explained in AC 91-90, to distinguish between part 91 and part 135 inspection programs, the FAA generally refers to an inspection program approved under part 91 as an approved inspection program (AIP) and refers to an inspection program approved under § 135.419 as an Approved Aircraft Inspection Program (AAIP). Therefore, the term “AIP” should be used when referring to a program approved under § 91.409(f)(4), and the term “AAIP” should be used when referring to an inspection program approved under § 135.419. Note that, as explained in AC 91-90, under part 135, operators of aircraft certificated for a passenger seating configuration (excluding any pilot seat) of nine seats or less are not required to have an AAIP but may elect to use one of the inspection programs under § 91.409, depending on their operation and aircraft fleet size.
3.5.2 Section 91.411, Altimeter System and Altitude Reporting Equipment Tests and Inspections (refer to § 194.302(bb)). Section 194.302(bb) requires all powered-lift to comply with § 91.411. Section 91.411 prescribes altimeter system and altitude reporting equipment tests and inspections. To comply with this rule, powered-lift operators should refer to the current edition of AC 43-6, Altitude Reporting Equipment and Transponder System Maintenance and Inspection Practices. AC 43-6 provides acceptable methods for testing altimeters, static systems, altitude encoders, and ATC transponder systems (ATCTS).
3.6 Part 91 Subpart F, Large and Turbine-Powered Multiengine Airplanes and Fractional Ownership Program Aircraft. Powered-lift must comply with the provisions in part 91 subpart F that are applicable to aircraft. Paragraphs 3.6.1
3-14 through 3.6.16 below detail how regulations in part 91 subpart F that contain airplane- or helicopter-specific provisions apply to powered-lift.
3.6.1 Section 91.501, Applicability (refer to § 194.302(cc)). Section 91.501 prescribes operating rules for large airplanes of U.S. registry, turbojet-powered multiengine civil airplanes of U.S. registry, and fractional ownership program aircraft of U.S. registry that are operating under part 91 subpart K (part 91K) and not involved in common carriage.
This section is applicable to all large powered-lift in accordance with § 194.302(cc), regardless of powerplant type, system of aircraft ownership, or ownership interest. It also applies to any powered-lift used in a fractional ownership program operating under part 91K. The higher level of airworthiness and operational standards in part 91 subpart F are necessary to enhance the safety of powered-lift operations. The FAA notes that any sections or paragraphs within part 91 subpart F that refer to a specific category of aircraft, such as airplane or helicopter, and that are not referred to in the SFAR tables to § 194.302 or § 194.306, do not apply to powered-lift.
Note: All civil powered-lift coming to market are multiengine aircraft, and it is not anticipated that civil single-engine powered-lift will be developed during the term of the SFAR. Therefore, although many regulations in part 91 subpart F and parts 135 and 136 refer to multiengine airplanes and aircraft, the FAA does not use the term “multiengine powered-lift” in the SFAR to avoid redundancy and overly inclusive regulatory application.
3.6.2 Section 91.503, Flying Equipment and Operating Information (refer to § 194.302(dd)).
Section 91.503 prescribes flying equipment and operating information. This section applies to all powered-lift subject to the requirements of part 91subpart F in accordance with § 194.302(dd). Powered-lift operators subject to the requirements of part 91 subpart F may comply with § 91.503(a)(5) notwithstanding one engine inoperative by having the engine or multiple engines inoperative climb performance data available at the pilot station. The engine-out performance data required may differ depending on the aircraft configuration because some powered-lift have six or more engines, and may be able to continue flight after failure of one or more engines. In some cases, the engine-out performance data will not be limited to only one engine inoperative and may include data for continued operations with multiple engines inoperative, if the aircraft is capable and certified for continued flight with more than one engine inoperative. The engine(s) inoperative climb performance data must include different modes of flight
(e.g., wing-borne flight or vertical-lift flight mode) as determined under the certification process of § 21.17(b). In addition, as part of the § 21.17(b) certification process, appropriate engine climb performance data must be provided for the phases of flight
(e.g., takeoff or landing) for which the applicant is seeking approval.
3.6.3 Section 91.505, Familiarity with Operating Limitations and Emergency Equipment (refer to § 194.302(ee)). Section 91.505 requires the PIC and crew to be familiar with the operating limitations and emergency equipment on the aircraft prior to the flight. This section is applicable to all powered-lift subject to the requirements of part 91 subpart F in § 194.302(ee).
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3.6.4 Section 91.507, Equipment Requirements: Over-the-Top or Night VFR Operations (refer to § 194.302(ff)). Section 91.507 states that no person may operate an airplane over the top or at night under VFR unless that airplane is equipped with the instruments and equipment required for IFR operations under § 91.205(d) and one electric landing light for night operations. Each required instrument and item of equipment must be in operable condition. In § 194.302(ff), all powered-lift subject to the requirements of part 91 subpart F and conducting over-the-top and night VFR operations must comply with the equipment requirements in § 91.507.
3.6.5 Section 91.509, Survival Equipment for Overwater Operations (refer to § 194.302(gg)).
3.6.5.1 Section 194.302(gg) requires all powered-lift subject to the requirements of part 91 subpart F to comply with § 91.509. Section 91.509(a) prescribes the survival equipment requirements for overwater operations in airplanes.
Powered-lift operating over water may use either the nearest shore or the nearest offshore heliport structure in accordance with § 194.302(gg)(1). The 50 nautical mile (NM) limit in § 91.509(a) and the 100 NM limit in § 91.509(b) apply to the nearest shore and to the nearest offshore heliport structure. This allows operators to maximize the vertical landing capability of powered-lift and to use heliport structures in a manner that is consistent with the definition of extended overwater operations in § 194.103, as well as in an emergency.
3.6.5.2 Section 91.509(b)(5) requires a lifeline to be stored in accordance with part 25, § 25.1411(g). Section 194.302(gg)(1) requires all powered-lift subject to the requirements of part 91 subpart F to comply with § 91.509(b)(5), which would include § 25.1411(g) or such airworthiness requirements that provide an equivalent level of safety to existing airworthiness standards. The lifeline storage requirements will be based on the aircraft configuration, but must be in an obvious location, directly accessible, and protected from inadvertent damage in accordance with § 25.1411(b) or an airworthiness standard providing an equivalent level of safety in accordance with § 21.17(b).
3.6.6 Section 91.511, Communication and Navigation Equipment for Overwater Operations (refer to § 194.302(hh)). Section 91.511 describes requirements for communication and navigation equipment for overwater operations. This section applies to all powered-lift subject to the requirements of part 91 subpart F in accordance with § 194.302(hh).
Section 91.511(a) states that no person may take off an airplane for a flight over water more than 30 minutes flying time or 100 NM from the nearest shore unless it has at least the operable radio communication and electronic navigation equipment described in the rule. Under § 194.302(hh), the 100 NM limit for powered-lift operating over water under § 91.511(a) includes the nearest shore or the nearest offshore heliport structure.
3.6.7 Section 91.513, Emergency Equipment (refer to § 194.302(ii)). Section 91.513 describes requirements for emergency equipment for airplanes, such as fire extinguishers, first aid kits, and megaphones. This rule is applicable to all powered-lift subject to the requirements of part 91 subpart F in accordance with § 194.302(ii).
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3.6.8 Section 91.515, Flight Altitude Rules (refer to § 194.302(jj)). Section 91.515 prescribes flight altitudes for airplanes in part 91 subpart F. The flight altitudes are designed to ensure adequate terrain clearance from any mountain, hill, or other obstruction to flight for day and night operations. This rule is applicable to all powered-lift subject to the requirements of part 91 subpart F in accordance with § 194.302(jj).
3.6.9 Section 91.517, Passenger Information (refer to § 194.302(kk)). Section 91.517 prescribes requirements for passenger information and signage displaying the use of seatbelts and non-smoking requirements. This rule is applicable to powered-lift under § 194.302(kk). AC 121-24, Passenger Safety Information Briefing and Briefing Cards, may have some useful information which may be applied to powered-lift that carry flight attendants (F/A).
3.6.10 Section 91.519, Passenger Briefing (refer to § 194.302(ll)). Section 91.519 prescribes requirements for passenger briefings for the use of seatbelts and non-smoking requirements. This rule is applicable to powered-lift under § 194.302(ll). The oral briefing required by § 91.519(a) must be given by the PIC or a member of the crew but need not be given when the PIC determines that the passengers are familiar with the contents of the briefing.
3.6.11 Section 91.521, Shoulder Harness (refer to § 194.302(mm)). Section 194.302(mm) requires that large powered-lift subject to the requirements of part 91 subpart F comply with § 91.521 and have a combined safety belt and shoulder harness installed at each seat at a flight deck station. In § 194.302(mm), the safety belt and shoulder harness must meet the applicable requirements of § 25.785 or such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b).
3.6.12 Section 91.523, Carry-On Baggage (refer to § 194.302(nn)). Section 194.302(nn) requires powered-lift subject to the requirements of part 91 subpart F with a seating capacity of more than 19 passengers to comply with the requirements in § 91.523 for carry-on baggage. In § 194.302(nn), carry-on baggage must be stowed such that it can withstand the inertia forces described in § 25.561(b)(3) or such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b).
3.6.13 Section 91.525, Carriage of Cargo (refer to § 194.302(oo)). Section 91.525 prescribes requirements for carriage of cargo in airplanes. This rule is applicable to all powered-lift subject to the requirements of part 91 subpart F under § 194.302(oo).
3.6.14 Section 91.527, Operating in Icing Conditions (refer to § 194.302(pp) and (qq)).
3.6.14.1 Section 194.302(pp) requires all powered-lift subject to the requirements of part 91 subpart F to comply with § 91.527(a). Under § 91.527(a), pilots are prohibited from taking off in an airplane that has frost, ice, or snow adhering to any propeller, windshield, stabilizing or control surface; to a powerplant installation; or to an airspeed, altimeter, rate of climb, or flight attitude instrument system or wing, except that takeoffs may be made with frost under the wing in the area of the fuel tanks if authorized by the FAA.
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3.6.14.2 Powered-lift may rely on lifting devices such as rotors during vertical-lift flight mode, and on traditional airplane surfaces such as wings during wing-borne flight mode. In addition to wings and control surfaces, powered-lift may also have other surfaces that are negatively impacted by frost, ice, or snow adhering to those surfaces, such as rotor blades. Under § 194.302(pp)(1) and (pp)(2), these other surfaces are considered “critical surfaces,” which the manufacturer will identify during certification and which will be outlined in the aircraft flight manual for that aircraft. Any frost, ice, or snow adhering to a critical surface could have an adverse impact on the aircraft’s ability to operate safely. To ensure safe operation of powered-lift, all the items listed in § 91.527(a), as well as other critical surfaces as determined by the manufacturer, must be clear from any contamination adhering to their surfaces, including the vertical-lift flight mode lifting devices. Pilots are also encouraged to refer to the current edition of AC 91-74, Pilot Guide: Flight in Icing Conditions, to assist with the safe operation of powered-lift in icing conditions.
3.6.14.3 Section 91.527(b)(2) and (b)(3) states that no pilot may fly under IFR into known or forecast light or moderate icing conditions or under VFR into known light or moderate icing conditions unless it has been type certificated and appropriately equipped for operations in icing conditions. To operate powered-lift under IFR into known or forecast light or moderate icing conditions or under VFR into known light or moderate icing conditions, the powered-lift pilot must comply with § 194.302(qq), which directs the operator to comply with § 194.306(xx) (pertaining to § 135.227(d)). Section 91.527 requires the powered-lift to be type certificated and appropriately equipped for operations in certain icing conditions. Procedures on the use of ice protection equipment are contained in the aircraft flight manual. For additional information on aircraft ice protection, powered-lift operators should also refer to the current edition of AC 20-73, Aircraft Ice Protection.
3.6.14.4 Section 91.527(c) prescribes the requirements for operations into known or forecast severe icing conditions. Under § 194.302(rr), powered-lift are not permitted to conduct operations into known or forecast severe icing conditions. In addition, the exception outlined under § 91.527(c) applying to airplanes with ice protection provisions and transport category airplanes does not apply to powered-lift.
3.6.15 Section 91.531, Second in Command Requirements (refer to § 194.302(rr)).
Section 91.531 prescribes when a second in command (SIC) is required or not required. It also specifies that no person may designate a pilot to serve as SIC, nor may any pilot serve as SIC, of an airplane required under part 91 to have two pilots unless that pilot meets the qualifications for SIC prescribed in 14 CFR part 61, § 61.55. Refer to SFAR 120 and AC 194-2, Pilot Training and Certification for Powered-Lift Operations, for further information.
3.6.16 Section 91.533, Flight Attendant Requirements (refer to § 194.302(ss)). Section 91.533 prescribes F/A requirements for airplanes with more than 19 passengers. There are
3-18 currently no powered-lift undergoing type certification with more than 19 seats.
However, if such powered-lift are developed, they will be required to comply with § 91.533 in accordance with § 194.302(ss).
3.7 Part 91 Subpart G, Additional Equipment and Operating Requirements for Large and Transport Category Aircraft. Powered-lift must comply with the provisions in part 91 subpart G that are applicable to aircraft. Paragraphs 3.7.1 through 3.7.4 below detail how the regulations in part 91 subpart G that contain airplane- or helicopter-specific provisions apply to powered-lift.
3.7.1 S ection 91.603, Aural Speed Warning Device ( r efer to § 194.302(tt)). Section 194.302(tt) requires large powered-lift to comply with the § 91.603 requirements for an aural speed warning device in transport category airplanes. The requirement for an aural speed warning device will be determined during the aircraft certification process. The aural speed warning device must comply with § 25.1303(c)(1) or such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b).
3.7.2 S ection 91.605, Transport Category Civil Airplane Weight Limitations ( re fer to § 194.302(uu), (vv), and (ww)).
3.7.2.1 Section 194.302(uu) requires large powered-lift to comply with § 91.605(b)(1). Section 91.605(b)(1) requires the Airplane Flight Manual to contain the takeoff weight performance information, and § 91.605(b)(2) requires the Airplane Flight Manual to contain landing weight performance information. Under the SFAR, powered-lift must provide takeoff and landing weight performance information in the aircraft flight manual in accordance with § 194.302(uu) and (vv).
3.7.2.2 Section 194.302(ww) requires large powered-lift that execute takeoff operations using wing-borne lift and that have takeoff performance information contained in the aircraft flight manual to comply with § 91.605(b)(3), (b)(4)(ii), and (c).
3.7.3 Section 91.609, Flight Data Recorders and Cockpit Voice Recorders (r efer to § 194.302(xx)).
3.7.3.1 Section 91.609 prescribes requirements for flight data recorders (FDR) and cockpit voice recorders. Powered-lift are required to comply with § 91.609(c),
(d), (e), (i), and (j) in accordance with § 194.302(xx).
3.7.3.2 To comply with § 91.609(c)(1), and in accordance with § 194.302(xx)(1), powered-lift having a passenger seating configuration, excluding any pilot seat, of 10 seats or more must comply with § 194.310 or 194.311 in lieu of part 91 appendix E and part 91 appendix F, which ar e referenced in § 91.609(c)(1).
3.7.3.3 T o comply with § 91.609(c)(3), (e)(1), and (i), powered-lift must comply with the certification provisions specified during the § 21.17(b) approval process, or with the certification provisions specified in the relevant part 91 regulation
3-19 as prescribed in § 194.302(xx)(2). For example, an operator required by § 194.302(xx)(2) to comply with § 91.609(c)(3) must comply with such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) or with the 14 CFR Chapter I, Subchapter C certification provisions listed in § 91.609(c)(3), specifically § 23.1459, § 25.1459, § 27.1459, or § 29.1459.
3.7.3.4 Similarly, an operator required by § 194.302(xx)(2) to comply with § 91.609(e)(1) must comply with such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) or with the 14 CFR Chapter I, Subchapter C certification provisions specified in § 91.609(e)(1).
3.7.3.5 To comply with § 91.609(d), the flight recorder must operate continuously from the earlier time of when the powered-lift begins the takeoff roll or begins lift-off until the later time of when the powered-lift completes the landing roll or lands at its destination in accordance with § 194.302(xx)(3).
3.7.3.6 Powered-lift operators should refer to the current editions of AC 20-141, Airworthiness and Operational Approval of Digital Flight Data Recorder Systems, and AC 20-186, Airworthiness and Operational Approval of Cockpit Voice Recorder Systems, for information about acceptable means of compliance with this rule.
3.7.4 Section 91.613, Materials for Compartment Interiors (refer to § 194.302(yy)).
Powered-lift type certificated using transport category certification standards are required by § 194.302(yy) to comply with § 91.613(b)(2). Powered-lift compartment interiors must comply with § 25.856, or such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b). To comply with this rule, powered-lift operators should refer to the current edition of AC 25.856-1, Thermal/Acoustic Insulation Flame Propagation Test Method Details.
3.8 Part 91 Subpart K, Fractional Ownership Operations. Powered-lift must comply with the provisions in part 91K that are applicable to aircraft and to powered-lift.
Paragraphs 3.8.1 through 3.8.3 below detail how the regulations in part 91K that contain airplane- or helicopter-specific provisions apply to powered-lift. To comply with these regulations, powered-lift operators should refer to the current edition of AC 91-84, Fractional Ownership Programs.
3.8.1 Section 91.1037, Large Transport Category Airplanes: Turbine Engine Powered;
Limitations; Destination and Alternate Airports (refer to § 194.302(zz)). Section 91.1037 prescribes requirements for large transport category airplanes. Under § 194.302(zz), large powered-lift operating under part 91K certificated to conduct landing operations in wing-borne flight mode as indicated in the aircraft flight manual are required to comply with § 91.1037. Under § 194.302(zz), powered-lift operators required to comply with § 91.1037 must also comply with § 91.1025(o)(7).
3-20 Note: Section 91.1025(o)(7) requires a Destination Airport Analysis for aircraft that meet the threshold set forth in § 91.1037 (i.e., large transport category turbine-engine-powered airplanes). Section 91.1037 is applicable to powered-lift that operate under part 91K, but § 91.1025(o)(7) is only applicable to airplanes.
Under § 194.302(zz), large powered-lift are required to comply with all of the requirements of § 91.1025(o), including § 91.1025(o)(7).
3.8.2 Section 91.1041, Aircraft Proving and Validation Tests (r efer to § 194.302(aaa)).
Section 91.1041 prescribes requirements for aircraft proving and validation tests.
Section 194.302(aaa) requires all powered-lift subject to the requirements of part 91K to comply with § 91.1041(b) and (d). Specific information on proving and validation test requirements for program aircraft can be found in AC 91-84.
3.8.3 S ection 91.1045, Additional Equipment Requirements ( r efer to § 194.302(bbb) and (ccc)).
3.8.3.1 Section 194.302(bbb) requires powered-lift operating under part 91K with a passenger seat configuration of more than 30 seats or a payload capacity of more than 7,500 pounds to comply with § 91.1045(a).
3.8.3.2 Section 194.302(bbb) requires powered-lift to comply with § 91.1045(a)(3) and be equipped with either an HTAWS that meets the requirements in TSO-C194 and RTCA DO-309 section 2, or an FAA-approved TAWS A/HTAWS hybrid system.
3.8.3.3 Section 194.302(ccc) requires powered-lift operating under part 91K with a passenger-seat configuration of 30 seats or fewer, excluding each crewmember, and a payload capacity of 7,500 pounds or less to comply with § 91.1045(b). Compliance with § 91.1045(b)(3) requires an HTAWS that complies with § 194.306(s). Section 194.306(s), like § 194.302(bbb), requires either an HTAWS that meets the requirements in TSO-C194 and RTCA DO-309 section 2, or an FAA-approved TAWS A/HTAWS hybrid system.
Note: See paragraph 3.4.6 ab ove for details on TAWS A/HTAWS requirements and approval processes.
3.9 O ther Part 91 Considerations.
3.9.1 W aivers and Exemptions . Powered-lift operators that are unable to comply with the SFAR requirements may apply for a waiver from the regulations listed in § 91.905 or as modified by part 194 in accordance with waiver provisions in § 91.903. If the regulation is not subject to waiver, the operator may seek an exemption in accordance with 14 CFR part 11.
3.9.2 Operations Over the High Seas. U.S. powered-lift operators conducting operations over the high seas must do so in accordance with § 91.703 and the standards outlined in International Civil Aviation Organization (ICAO) Annex 2, Rules of the Air.
4-1 CHAPTER 4. PART 97 OPERATIONS FOR POWERED-LIFT
4.1 Applicability of Copter Procedures Under Part 97 to Powered-Lift. Under § 194.305, persons operating powered-lift may use Copter Procedures as defined in part 97, § 97.3 if the aircraft is certified for instrument flight rules (IFR) operations and does not contain a limitation prohibiting use of such procedures in its aircraft flight manual.
4.2 Part 97, Standard Instrument Procedures. Part 97 prescribes Standard Instrument Approach Procedures (SIAP), Obstacle Departure Procedures (ODP), and weather minimums that apply to IFR takeoffs and landings at civil airports in the United States.
Copter instrument procedures provide an instrument procedure along a predetermined course to safely allow helicopters to transition from visual meteorological conditions (VMC) to instrument meteorological conditions (IMC) for departures and from IMC to VMC for approaches. The criteria for Copter Procedure approaches or departures are defined in the current edition of FAA Order 8260.3, United States Standard for Terminal Instrument Procedures (TERPS), and presume a certain level of vehicle performance and stability.
4.3 Instrument Approach Procedures (IAP). Powered-lift pilots should become familiar with the Aeronautical Information Manual (AIM), Chapter 10, Helicopter Operations, Section 1, Helicopter IFR Operations. Copter IAPs are designed presuming nominal descent rates and gradients over a range of given airspeeds. Copter instrument approaches also presume the maximum and minimum descent glideslope and gradient that may be encountered while maintaining vertical navigation accuracy. In addition, the design of the IAPs allows for the aircraft to descend to the minimum descent altitude (MDA) or decision altitude (DA) prior to or upon arriving at the missed approach point (MAP). At the MAP, the powered-lift pilot assesses whether the flight can safely and legally proceed to the destination in the meteorological conditions present. Continuation of the flight beyond the MAP must be accomplished via a visual transition segment in accordance with the design of the IAP as prescribed in § 91.175(c). The MAP is located such that the aircraft can execute the missed approach procedure or visually transition to a safe landing by using a nominal deceleration rate. Both the missed approach procedures and departure procedures are designed with the underlying minimum assumption of aircraft performance as defined in the Order 8260.3 TERPS criteria.
4.4 Powered-Lift Seeking IFR and Copter Procedure Approval. The FAA will assess powered-lift operators seeking to fly IFR and use Copter Procedures. The FAA will consider the aircraft’s stability, system, and equipage for IFR operations as compared to helicopters. This assessment will occur during the type certification process as set forth in § 21.17(b). A powered-lift design that meets these standards can be certificated for IFR flight and authorized to conduct Copter Procedures. A powered-lift that does not possess these characteristics may still be certificated for IFR but have a limitation from conducting Copter Procedures listed in the aircraft flight manual to that effect.
Powered-lift operators should review the performance and limitations section of their aircraft flight manual prior to utilizing Copter Instrument Flight Procedures (IFP).