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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).
5-1 CHAPTER 5. PART 135 OPERATIONS
5.1 Organization of Topics. This chapter is organized to promote a logical sequence of topics for the reader to easily navigate. The chapter is broken down into two distinct parts: part 135 regulations as they pertain to Special Federal Aviation Regulation (SFAR) 120, Powered-Lift: Pilot Certification and Training; Operations Requirements;
and the ACs that are impacted by the powered-lift SFAR. The FAA reviewed the regulations contained in the powered-lift SFAR and determined that the majority of the powered-lift SFAR regulations as they pertain to part 135 do not require any further explanation to assist operator compliance with the requirements of the SFAR.
5.1.1 In order to provide operators with additional information, the following part 135 regulations are discussed under paragraph 5.2 below:
• Section 135.93, Minimum Altitudes for Use of Autopilot (refer to § 194.306(c)).
• Section 135.152, Flight Data Recorders (refer to § 194.306(p) through (r)).
• Section 135.154, Terrain Awareness and Warning System, and § 135.605, Helicopter Terrain Awareness and Warning System (HTAWS) (refer to § 194.306(s) and (ooo)).
• Section 135.203, VFR: Minimum Altitudes (refer to § 194.306(mm) through (nn)).
• Section 135.209, VFR: Fuel Supply (refer to § 194.306(rr) through (ss)).
• Section 135.221, IFR: Alternate Airport Weather Minimums (refer to § 194.306(tt)).
• Section 135.223, IFR: Alternate Airport Requirements (refer to § 194.306(uu)).
• Section 135.227, Icing Conditions: Operating Limitations (refer to § 194.306(ww) through (xx)).
5.1.2 Much of the information contained in current ACs that are relevant to part 135 operations can be applied to powered-lift operations without any further explanation. The following ACs, which are addressed in paragraph 5.11 below, contain information the FAA believes would be valuable in assisting operators utilizing powered-lift in applying the requirements of the SFAR:
• AC 120-27, Aircraft Weight and Balance Control.
• AC 120-49, Parts 121 and 135 Certification.
• AC 120-96, Operations Control Center (OCC) for Helicopter Air Ambulance (HAA) Operations.
• AC 135-14, Helicopter Air Ambulance Operations.
5.2 Applicability of SFAR 120 to Powered-Lift Part 135 Operations.
5.2.1 Section 194.306 contains the provisions under part 135 that are applicable to powered-lift (other than the part 135 “aircraft” provisions that already apply to powered-lift).
Section 194.306 states that no person may operate a powered-lift under part 135 unless
5-2 that person complies with the regulations listed in Table 1 to § 194.306 despite their applicability to airplanes, rotorcraft, or helicopters, and requires a person operating powered-lift to comply with the requirements of those sections. Additionally, the provisions contained in the second column of Table 1 of § 194.306, and any additional requirements specified in the third column of Table 1 of § 194.306 are also applicable.
5.2.2 The FAA also notes that some part 135 regulations refer to airworthiness standards in part 23, 25, 27, or 29. When an airworthiness standard is referenced in a particular operating rule, those specific standards listed may or may not be used in their entirety due to some of the designs unique to each particular aircraft. When a particular airworthiness certification standard is referenced, but it is not practical to use that standard in its entirety, the FAA, as part of the § 21.17(b) process, c ould instead apply such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b).
5.3 S ection 135.93, Minimum A ltitudes for Use of Autopilot. Section 135.93 details minimum altitudes for use of an autopilot. Section 135.93 is applicable to all aircraft but contains many references to an Airplane Flight Manual in multiple paragraphs and, in § 135.93(g), excepts rotorcraft operations. Section 194.306(c) specifies that § 135.93(a) through (f) are applicable to powered-lift. It additionally specifies that the requirements referencing the Airplane Flight Manual in § 135.93(b) are applicable to a Powered-Lift’s Aircraft Flight Manual (PLAFM). Other requirements that reference the Airplane Flight Manual in § 135.93(a) through (f) are also applicable to a PLAFM. Section 135.93(c) stipulates requirements for the use of an autopilot for en route operations, including climbs and descents. Powered-lift that have a published minimum engagement altitude for en route operations contained in their aircraft flight manual may use the autopilot for en route operations at that minimum engagement altitude. If no minimum engagement altitude is specified in the aircraft flight manual, then a powered-lift could not use the autopilot during en route operations below 500 feet or at an altitude that is no lower than twice the altitude loss specified in the aircraft flight manual for an autopilot malfunction in cruise conditions, whichever is greater. The FAA also retained the provision in § 135.93(c)(3) that permits the use of the autopilot en route at an altitude specified by the Administrator, which is applicable to all powered-lift regardless of whether they have an aircraft flight manual minimum engagement altitude or not.
5.4 Section 135.152, Flight Data Recorders (refer to § 194.306(p) through (r)).
5.4.1 Under § 194.306(p) through (r), § 135.152 applies to powered-lift depending on the passenger seating configuration. Under § 194.306(r), § 135.152(c), (d), (f), and (j) apply to powered-lift with a passenger seating configuration (excluding crewmember seats) of 10 to 30 seats. Under § 194.306(p), § 135.152(a) applies to powered-lift with a passenger seating configuration of 10 to 19 seats. And under § 194.306(q), § 135.152(b) and (b)(3) apply to powered-lift with a passenger seating configuration of 20 to 30 seats.
As mentioned in paragraph 5.2.2 above, the FAA will either apply the airworthiness standards referred to throughout §§ 135.151 and 135.152 or the equivalent standards developed during the § 21.17(b) process.
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5.4.2 To comply with § 135.152(a), and in accordance with § 194.306(p), powered-lift having a passenger seating configuration of 10 to 19 seats must comply with the flight recorder specifications found within § 194.312 or § 194.313 in lieu of part 135 appendix B and part 135 appendix C, which are referenced in § 135.152(a). Under § 194.312 (vertical-lift flight mode) and § 194.313 (wing-borne flight mode), the FAA applied the flight data recorder (FDR) requirements from the airplane and helicopter appendices to powered-lift, dependent on which operational flight mode is in use. The FAA replaced helicopter-specific nomenclature for flight controls to accommodate powered-lift by changing the terminology used for primary controls. Despite the slight nomenclature changes within the tables to accommodate powered-lift, the FAA did not change the other information and parameters listed within the original part 135 appendices B and C.
5.5 Section 135.154, Terrain Awareness and Warning System, and § 135.605, Helicopter Terrain Awareness and Warning System (HTAWS) (refer to § 194.306(s) and (ooo)). Section 135.154 requires a Terrain Awareness and Warning System (TAWS) to be installed on airplanes and § 135.605 requires an HTAWS system be installed on helicopters used in air ambulance operations. Section 194.306(s) requires powered-lift configured with six or more passenger seats, excluding any pilot seat, to be equipped with 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 TAWS (TAWS A)/HTAWS hybrid system. Section 194.306(ooo) requires powered-lift conducting air ambulance operations to be equipped with an HTAWS that meets the requirements in TSO-C194 and RTCA DO-309 section 2 or an FAA-approved TAWS A/HTAWS hybrid system.
5.5.1 H TAWS Requirement. Powered -lift operators may meet the requirement by having either an HTAWS or a hybrid TAWS A/HTAWS that has been approved by the FAA. The aircraft flight manual must contain appropriate procedures for the use of the TAWS and proper flightcrew reaction in response to the TAWS audio and visual warnings.
5.5.2 H TAWS and Hybrid TAWS A/HTAWS Approvals .
5.5.2.1 FAA Aircraft Certification Service (AIR) certification branches (are responsible for assessing HTAWS or a hybrid TAWS A/HTAWS prior to installation and its use on the aircraft. Field approvals are not authorized for these systems. The assessment of these systems may occur at initial certification or when a supplemental or amended type certification is requested.
5.5.2.2 HTAWS that meet the TSO-C194 standard must be approved as part of the type certificate (TC) approval process under § 21.17(b).
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5.5.2.3 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 installation and its use under the TC approval process under § 21.17(b).
5.5.2.4 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/field_offices/c ertification_branches.
5.6 Section 135.203, VFR: Minimum Altitudes.
5.6.1 Section 135.203 provides the visual flight rules (VFR) minimum altitude requirements for airplanes and helicopters. The FAA has determined that powered-lift that are able to autorotate or conduct an approved equivalent maneuver should be allowed to use the same VFR minimum altitudes as provided to helicopters. The two scenarios where this would be applicable to powered-lift operations are when a powered-lift is being operated in the vertical-lift flight mode or, when operating in the wing-borne flight mode, the powered-lift is able to transition from wing-borne flight to the vertical-lift flight mode and then conduct a safe autorotation or approved equivalent maneuver that permits a controlled descent to a landing.
5.6.2 Section 135.203(b) applies when a powered-lift is operating in the vertical-lift flight mode, however; the powered-lift must be certificated and be able to conduct an autorotation or an approved equivalent maneuver to a landing. If a powered-lift is not certificated or able to conduct an autorotation or an approved equivalent maneuver to a landing, then the minimums specified in § 135.203(a) would apply.
5.6.3 To utilize a lower VFR minimum altitude than specified in § 135.203(a) when operating in the wing-borne flight mode, an operator must be authorized to use a lower altitude by operations specifications (OpSpecs). The OpSpecs will specify the VFR minimum altitude for each type of powered-lift. To receive this authorization, the PLAFM must have a minimum altitude specified that enables a transition from wing-borne flight mode to the vertical-lift flight mode, and then conduct a safe autorotation or approved equivalent maneuver that permits a controlled descent to a landing. This authorization will be granted to each specific type of powered-lift since each type could have a different minimum altitude specified in the respective aircraft flight manual. If the aircraft flight manual limitation is greater than 300 feet, that altitude becomes the required minimum altitude. However, when operating in the wing-borne flight mode a powered-lift in no case would be allowed to go below 300 feet above the surface.
Powered-lift that do not have a minimum altitude specified in the aircraft flight manual that enables a transition from wing-borne flight mode to the vertical-lift flight mode as discussed above must use the airplane criteria found in § 135.203(a) for day and night operations when they are operating in the wing-borne flight mode.
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5.7 Section 135.209, VFR: Fuel Supply.
5.7.1 Section 135.209(a) requires airplanes to have enough fuel supply under VFR, considering wind and forecast weather conditions, to reach the first point of intended landing at normal cruise fuel consumption and then fly after that point for 30 minutes. At night, this requirement increases to 45 minutes past the first point of intended landing.
Section 135.209(b) states that helicopters must have enough fuel to fly to the first point of intended landing, considering wind and forecast weather conditions, and to fly after that for at least 20 minutes regardless of day or nighttime.
5.7.2 Section 194.306(ss) allows a powered-lift to use the VFR helicopter fuel minimums when they are able to conduct a landing in the vertical-lift flight mode. This provision would not prevent a powered-lift from operating in the wing-borne flight mode but will require the powered-lift to have the performance capability, as detailed in the aircraft flight manual, to conduct a landing in the vertical-lift flight mode along the entire route of flight. When using this provision, a person must consider any landing performance data that enables a landing in the vertical-lift flight mode, including taking into consideration the energy requirements to successfully complete a descent and landing in the vertical-lift flight mode from the altitude they plan to use. There may be performance requirements or limitations contained in the aircraft flight manual that could prevent a powered-lift from conducting a landing in the vertical-lift flight mode, such as a landing weight limitation, thereby requiring the use of the airplane fuel supply requirements of § 135.209(a).
5.7.3 Section 194.306(rr) and (ss) contain the flexibility to apply for a deviation for a fuel supply other than the airplane or helicopter VFR fuel supply requirements prescribed in § 135.209(a) and (b). This deviation will be available only to those powered-lift operating over specific routes that have predetermined suitable landing areas available. A suitable landing area under § 194.306(rr) and (ss) is an area that provides the operator reasonable capability to land without causing undue hazard to persons or property. These suitable landing areas must be site-specific, designated by the operator, and accepted by the FAA.
This will ensure that any operation conducted with less than the prescriptive VFR fuel supply requirements will be conducted under a controlled environment. The controlled environment will incorporate predetermined suitable landing areas that are known by the pilot in advance and be based upon the specific route being flown. The FAA will evaluate each certificate holder’s (CH) deviation request to determine if the proposed operation will maintain an equivalent level of safety as currently provided in the prescriptive rule.
The authorization to use this deviation would be granted to the CH via OpSpecs.
5.8 Section 135.221, IFR: Alternate Airport Weather Minimums.
5.8.1 Section 135.221 provides the requirements for alternate airport weather minimums. Per § 135.221(a), no person operating an aircraft other than rotorcraft may designate an alternate airport unless the weather reports or forecasts indicate the weather conditions will be at or above authorized alternate airport landing minimums for that airport at the estimated time of arrival (ETA).