3-1 CHAPTER 3. PART 91 OPERATIONS
3.1 Operations of Powered-Lift. Persons operating powered-lift must continue to comply with rules applicable to all aircraft in part 91. In § 194.302, Table 1 to § 194.302 outlines the airplane, helicopter, and rotorcraft provisions that are applicable to powered-lift.
Moreover, any provisions in part 91 that are specific to a category of aircraft such as airplane or helicopter, and that are not outlined in Table 1 to § 194.302, do not apply to powered-lift.
3.2 Part 91 Subpart A, General. Powered-lift must comply with the provisions in part 91 subpart A that are applicable to aircraft. Paragraphs 3.2.1 and 3.2.2 below detail how the regulations in part 91 subpart A that contain airplane- or helicopter-specific provisions apply to powered-lift. The FAA also amended a small number of regulations to accommodate powered-lift, discussed herein.
3.2.1 Section 91.1, Applicability. The provisions in part 91 subpart A are applicable to all aircraft operating in the National Airspace System (NAS) unless specifically excepted, such as for aircraft governed by 14 CFR part 103 or 107. The FAA changed the term “airplane” to “aircraft” in § 91.1(d) to include powered-lift, because the FAA intends for powered-lift to comply with the provisions in part 91 subpart A.
3.2.2 Section 91.9, Civil Aircraft Flight Manual, Marking, and Placard Requirements.
Section 91.9(a) and (b) contains references to “Airplane or Rotorcraft Flight Manual.”
The FAA intends for powered-lift operators to comply with the manual requirements and any additional requirements in § 91.9. The FAA will evaluate the aircraft flight manual during type certification for acceptability. Thus, § 194.302(a) requires powered-lift to comply with § 91.9. Although the Powered-Lift’s Aircraft Flight Manual (PLAFM) will not refer to an airplane or rotorcraft as specified in § 91.9, the FAA is applying the requirements set forth in § 91.9 to powered-lift with an aircraft flight manual.
3.3 Part 91 Subpart B, Flight Rules. Powered-lift must comply with the provisions in part 91 subpart B that are applicable to aircraft. Paragraphs 3.3.1 through 3.3.14 below detail how the regulations in part 91 subpart B that contain airplane- or helicopter-specific provisions apply to powered-lift.
3.3.1 Section 91.103, Preflight Action (refer to § 194.302(b)). Section 91.103 contains the requirement for a pilot in command (PIC) to be familiar with all available information concerning a flight, including takeoff and landing distance data as specified in the approved Airplane or Rotorcraft Flight Manual. Due to the hybrid capabilities of powered-lift, a PIC must be familiar with takeoff and landing distances for all applicable flight modes. Section 194.302(b) requires powered-lift with an aircraft flight manual approved through the certification process to comply with the provisions in § 91.103.
3.3.2 Section 91.107, Use of Safety Belts, Shoulder Harnesses, and Child Restraint Systems (refer to § 194.302(c)). Section 194.302(c) makes § 91.107(a)(3) applicable to all powered-lift. In § 91.107(a)(3) for seaplane and float-equipped rotorcraft operations during movement on the surface, persons pushing off a seaplane or float-equipped
3-2 rotorcraft from the dock or persons mooring a seaplane or rotorcraft at a dock are excepted from the seating and safety belt requirements. The exceptions also apply to powered-lift in § 194.302(c). For further information about how to comply with § 194.302(c), powered-lift operators should apply the information contained in the current edition of AC 91-69, Seaplane Safety for 14 CFR Part 91 Operators.
3.3.3 Section 91.109, Flight Instruction; Simulated Instrument Flight and Certain Flight Tests.
Section 91.109 requires the use of fully functional dual controls for aircraft used in flight instruction with exceptions for free manned balloon and instrument instruction in airplanes with a single functioning throwover control wheel. However, the powered-lift final rule adopted provisions to facilitate pilot certification in powered-lift with a single functioning flight control and single pilot station.
Note: Further discussion of powered-lift and fully functioning dual controls for f light instruction is contained in AC 194-2, Pilot Training and Certification for Powered-Lift Operations.
3.3.4 Section 91.113, Right-of-Way R ules: Except Water Operations.
3.3.4.1 Section 91.113 requires all powered-lift to comply with § 91.113(d)(2) and (d)(3). Under the rule in § 91.113, when aircraft of the same category are converging at approximately the same altitude (except head-on, or nearly so), the aircraft to the other’s right has the right-of-way. When the aircraft are of different categories, § 91.113(d)(1) through (d)(3) establishes a hierarchy giving priority to balloons, then gliders, followed by airships, and then to airplanes and rotorcraft. An aircraft that is towing or refueling other aircraft has right-of-way over all other engine-driven aircraft. Under the revised § 91.113, powered-lift, airplanes, and rotorcraft are grouped in the same right-of-way category. Thus, if a powered-lift is converging with an airplane, the aircraft to the right has the right-of-way.
3.3.4.2 To comply with this rule, powered-lift should refer to the current editions of AC 90-48, Pilots’ Role in Collision Avoidance, and AC 90-66, Non-Towered Airport Flight Operations. When referring to AC 90-66, powered-lift operators should note that the term “powered-lift” should be considered equivalent to the terms “airplane” or “rotorcraft.” For example: A glider has the right-of-way over an airship, powered parachute, weight-shift-control aircraft, airplane, rotorcraft, or powered-lift. Also, an airship has the right-of-way over a powered parachute, weight-shift-control aircraft, airplane, rotorcraft, or powered-lift.
3.3.5 Section 91.119, Minimum Safe Altitudes: General. Section 91.119 prescribes the minimum safe altitude (MSA) for aircraft operations. Section 91.119(d) contains an exception for helicopters, powered parachutes, and weight-shift-control aircraft, allowing them to operate below the minimum altitudes prescribed in § 91.119(b) and (c) when certain conditions are met. Powered-lift operating in the vertical-lift flight mode that have demonstrated the capability to autorotate or conduct an approved equivalent maneuver
3-3 are allowed the same MSAs as those afforded to helicopters in § 91.119(d), as outlined in § 194.302(d). With regard to powered-lift utilizing helicopter routes, the FAA notes that some helicopter routes may be lower than a minimum altitude published in the aircraft flight manual for a given powered-lift configuration (e.g., an altitude which enables a transition from wing-borne flight mode to vertical-lift flight mode at an altitude sufficient to conduct a safe autorotation, or an approved equivalent maneuver, to a landing).
Regardless of any clearance or helicopter route prescribed altitude, no powered-lift may operate lower than any limitation specified in the aircraft flight manual or any other limitation. The Administrator reiterates that a clearance by air traffic does not grant exemption from any rule. Section 91.9 requires compliance with all aircraft flight manual limitations at all times.
3.3.6 Section 91.126, Operating On or In the Vicinity of an Airport in Class G Airspace (re fer to § 194.302(e) and (f)).
3.3.6.1 When entering the traffic pattern to land, powered-lift may transition between wing-borne flight mode and vertical-lift flight mode. Wing-borne flight mode (forward flight) is similar to an airplane, and vertical-lift flight mode (vertical flight) is similar to a helicopter.
3.3.6.2 If the powered-lift intends to land in wing-borne flight mode, § 194.302(e) requires the pilot to comply with § 91.126(b)(1) and make all turns of the powered-lift to the left, unless the airport displays approved light signals or visual markings indicating that turns should be made to the right, in which case the pilot must make all turns to the right. If the powered-lift is operating in vertical-lift flight mode, § 194.302(f) requires the pilot to comply with § 91.126(b)(2) and avoid the flow of fixed-wing aircraft.
3.3.6.3 To comply with this rule, powered-lift operators should refer to AC 90-66.
Powered-lift pilots must consider their mode of flight in accordance with § 194.302(e) and (f). For example, AC 90-66, paragraph 12.1.1 states “[i]n the case of a helicopter approaching to land other than on the runway in use, the pilot should avoid the flow of fixed-wing aircraft and land on a marked helipad or suitable clear area.” Therefore, powered-lift operating in vertical-lift flight mode would comply with the helicopter provision, avoid the flow of fixed-wing aircraft, and land on a marked helipad or suitable clear area.
3.3.7 Section 91.129, Operations in Class D Airspace (refer to § 194.302(g) through (j)). The provisions of § 91.129(a) through (d), (g)(1), and (i) refer to aircraft and are applicable to powered-lift.
3.3.7.1 S ection 91.129(e) and (g) Minimum Altitudes When Operating To an Airport in Class D Airspace. Section 91.129(e) and (g) specifies minimum altitudes for landing, approaches and departures at an airport in Class D Airspace. Section 91.129(h) prescribes noise abatement requirements for large or turbine-powered airplanes. The provisions of these rules are necessary for
3-4 noise abatement and to ensure adequate terrain clearance for large or turbine-powered airplanes. Section 194.302(g) requires large or turbine-powered powered-lift to comply with the provisions in § 91.129(e)(1),
(e)(2), (g)(2), and (h). Furthermore, operators must note these provisions apply to all large or turbine-powered powered-lift regardless of the flight mode they may be operating in.
3.3.7.2 Section 91.129(e)(3) Approaching to Land on a Runway Served by a Visual Approach Slope Indicator (VASI) (refer to § 194.302(h)).
3.3.7.2.1 Section 194.302(h) requires a powered-lift pilot intending to land in wing-borne flight mode and approaching a runway served by a VASI to comply with § 91.129(e)(3). The pilot must operate the powered-lift at an altitude at or above the glidepath until a lower altitude is necessary for a safe landing. The requirement for powered-lift to remain at or above the glidepath ensures adequate obstacle clearance is maintained during the approach.
3.3.7.2.2 Powered-lift pilots intending to land in vertical-lift flight mode are anticipated to be flying more slowly than powered-lift pilots landing in wing-borne flight mode. Thus, the slower speed and the ability to maneuver like a helicopter make it unnecessary to comply with § 194.302(g)(1).
3.3.7.3 Section 91.129(f)(1) Class D Airspace Landing Approach Procedures (refer to § 194.302(i)).
3.3.7.3.1 Section 194.302(i) requires powered-lift pilots intending to land in wing-borne flight mode to comply with the airplane rule in § 91.129(f)(1). The pilot must circle the airport to the left unless the powered-lift is conducting a circling approach under part 97 or if the pilot is otherwise directed by air traffic control (ATC).
3.3.7.3.2 Sec tion 194.302(j) requires powered-lift pilots intending to land in vertical-lift flight mode to comply with the helicopter rule in § 91.129(f)(2) and avoid the flow of fixed-wing traffic unless the powered-lift is conducting a circling approach under part 97 or if the pilot is otherwise directed by ATC.
Note: In § 194.302(i)(2) and (j)(2), the requirements of § 91.129(f) do not apply to powered-lift conducting a circling approach under part 97 because a circling approach may have specific procedures established, or turns may be requested by ATC to ensure safety in the traffic pattern.
3.3.7.4 Section 91.129(h) Runway Usage Requirements (refer to § 194.302(g)).
Section 194.302(g) requires large or turbine-powered powered-lift to comply with § 91.129(h). Under the Special Federal Aviation Regulation (SFAR) 120, where a formal runway use program has been established by the FAA, each pilot of a large or turbine-powered powered-lift must use the noise abatement runway assigned by ATC. However, the PIC remains the final authority
3-5 concerning the safe operation of the aircraft, as prescribed in § 91.3(a), and may request that ATC assign a different runway in the interest of safety.
3.3.8 Section 91.131, Operations in Class B Airspace (refer to § 194.302(k)). The current provisions of § 91.131(a)(2) are applicable to large turbine-engine-powered airplanes.
However, the FAA anticipates that certain powerplants, such as electric motors, may have equal or better performance in comparison to internal combustion engines;
therefore, operators of powered-lift must note that under the SFAR, all large powered-lift, regardless of powerplant type, must comply with § 194.302(k). This requires a person operating a powered-lift to or from a primary airport for which Class B Airspace is designated to operate at or above the designated floors of the Class B Airspace area while within the lateral limits of that area. This is to ensure that large powered-lift remain deconflicted from smaller aircraft that may be operating under Class B Airspace and not receiving air traffic services.
3.3.9 Section 91.151(a) and (b), Fuel Requirements for Flight in VFR Conditions (refer to § 194.302(l)).
3.3.9.1 Except in accordance with § 194.302(l), all powered-lift must comply with the airplane fuel requirements prescribed in § 91.151(a). In accordance with § 194.302(l), powered-lift with the performance capability (as outlined in the aircraft flight manual) to conduct a landing in the vertical-lift flight mode along the entire route of flight may use the visual flight rules (VFR) fuel requirements outlined in § 91.151(b). However, if the powered-lift cannot be assured of a safe landing in vertical-lift flight mode along the entire route of flight, then compliance with § 91.151(a) would be required.
3.3.9.2 Indications that a powered-lift may not be assured of a safe landing in vertical-lift flight mode along the entire route of flight may include a limitation or requirement in the aircraft flight manual that would preclude such a landing. Likewise, the powered-lift may not be capable of transitioning from wing-borne to vertical-lift flight mode quickly enough to comply. This provision will not prevent a powered-lift from operating in wing-borne flight mode. Rather, it will require the powered-lift to have the performance capability (as detailed in the aircraft flight manual) to conduct a landing in vertical-lift flight mode along the entire route of flight in order to take advantage of the rotorcraft VFR fuel requirements.
Note: The term “fuel” includes any form of energy used by an engine or powerplant installation, such as provided by carbon-based fuels or electrical potential. The term “fuel systems” includes a means of storage for the electrical energy provided (e.g., batteries that provide energy to an electric motor) or devices that generate energy for propulsion (e.g., solar panels or fuel cells).
3.3.10 Section 91.155, Basic VFR Weather Minimums (refer to § 194.302(m), (n), and (o)).
Section 91.155 permits helicopters to operate under lower visibility and cloud clearance
3-6 minimums than airplanes in Class G Airspace. The FAA recognizes that helicopters operate at lower speeds and are capable of greater maneuverability than other aircraft.
This allows pilots to see and avoid other air traffic or obstructions in time to prevent a collision. Powered-lift may have equivalent maneuvering capabilities to helicopters when operating in vertical-lift flight mode and therefore may comply with the helicopter provisions in certain circumstances. To comply with these provisions, powered-lift must be operated at a speed that allows the pilot enough time to see and avoid any other air traffic, or any obstructions in time to avoid a collision. A powered-lift that cannot be operated at a speed that allows the pilot enough time to see and avoid any other air traffic or any obstructions to avoid a collision, regardless of the mode of flight, must comply with the airplane visibility minimums prescribed in § 91.155(a) and (b)(2).
3.3.11 Section 91.157, Special VFR We ather Minimums (refer to § 194.302(p)). Section 91.157 permits helicopters to operate under lower visibility and cloud clearance minimums than airplanes. For the same reasons stated in paragraph 3.3.10 above, powered-lif t may comply with the helicopter exceptions of § 91.157(b)(3), (b)(4), and (c), provided powered-lift are operated at a speed that allows the pilot enough time to see and avoid any other air traffic or any obstructions in time to avoid a collision. As such, § 194.302(p) stipulates that the helicopter exceptions outlined in § 91.157(b)(3), (b)(4), and (c) apply to powered-lift operating in vertical-lift flight mode when those aircraft are operated at a speed that allows the pilot to see any other traffic or obstructions in time to avoid a collision.
3.3.12 S ection 91.167, Fuel R eq uirements for Flight in IFR Conditions (refer to § 194.302(q)).
3.3.12.1 Section 91.167(a)(1) through (3) specifies no person may operate a civil aircraft in instrument flight rules (IFR) conditions unless it carries enough fuel (considering weather reports and forecasts and weather conditions) to:
1. Complete the flight to the first airport of intended landing;
2. If necessary, and except as provided in § 91.167(b), to fly from that airport to the alternate airport; and
3. To fly after that for 45 minutes at normal cruising speed or, for helicopters, fly after that for 30 minutes at normal cruising speed.
3.3.12.2 Because a powered-lift can operate similarly to a helicopter, powered-lift are required to only carry the fuel reserves of a helicopter in certain circumstances. As such, powered-lift authorized to conduct Copter Procedures and that have the performance capability, as provided in the aircraft flight manual, for the entire flight to conduct a landing in the vertical-lift flight mode may comply with the IFR fuel requirements established for helicopters.
3.3.12.3 Furthermore, during aircraft certification, the FAA will assess the aircraft’s stability, system, and equipage for IFR operations. A powered-lift that does not possess these characteristics may still be certificated for IFR but will be prohibited from performing Copter Procedures and have a limitation in the
3-7 aircraft flight manual to that effect. Powered-lift with such a limitation would not be authorized to use this option and would be required to use the IFR alternate airport minimums specified for airplanes.
3.3.12.4 Section 194.302(q) stipulates that:
1. A powered-lift authorized to conduct Copter Procedures, and that has the performance capability for the entire flight to conduct a landing in the vertical-lift flight mode as outlined in the aircraft flight manual, may use the 30-minute fuel requirement established for helicopters under § 91.167(a)(3);
2. A powered-lift authorized to conduct Copter Procedures, and that has the performance capability for the entire flight to conduct a landing in the vertical-lift flight mode as outlined in the aircraft flight manual, may use the helicopter provision under § 91.167(b)(2)(ii); and
3. A powered-lift that is unable to meet the requirements outlined in § 194.302(q)(1) and (2) must use the 45-minute fuel requirement outlined in § 91.167(a)(3) and the aircraft requirement outlined in § 91.167(b)(2)(i).
3.3.13 Section 91.169, IFR Flight Plan: Information Required (refer to § 194.302(r)).
3.3.13.1 Section 91.169(b)(2)(ii) stipulates that § 91.169(a)(2) does not apply if appropriate weather reports or weather forecasts, or a combination of them, indicate, for helicopters, at the estimated time of arrival (ETA) and for 1 hour after the ETA, the ceiling will be at least 1,000 feet above the airport elevation, or at least 400 feet above the lowest applicable approach minimums, whichever is higher, and the visibility will be at least 2 statute miles (sm).
3.3.13.2 Likewise, § 91.169(c)(1)(ii) stipulates that unless otherwise authorized by the Administrator, no person may include an alternate airport in an IFR flight plan unless appropriate weather reports or weather forecasts, or a combination of them, indicate that, at the ETA at the alternate airport, the ceiling and visibility at that airport will be at or above the following weather minimums:
3.3.13.2.1 If an instrument approach procedure (IAP) has been published in part 97, or a special IAP has been issued by the Administrator to the operator, the minimums for that airport will be:
1. Per § 91.169(c)(1)(i), for powered-lift operating in the wing-borne flight mode and/or with a flight manual limitation that prohibits
3-8 Copter Procedures, the alternate airport minimums specified in that procedure, or if none are specified, the following approach minimums:
a. For a precision approach procedure, a ceiling of 600 feet and visibility of 2 sm.
b. For a non-precision approach procedure, a ceiling of 800 feet and visibility of 2 sm.
2. Per § 91.169(c)(1)(ii), for powered-lift operating in the vertical-lift mode, a ceiling of 200 feet above the minimum for the approach to be flown, and visibility of at least 1 sm but never less than the minimum visibility for the approach to be flown.
3.3.13.3 Because powered-lift can operate similarly to helicopters, powered-lift may utilize the requirements for helicopter IFR flight plan required information in certain circumstances. As such, § 194.302(r) stipulates:
1. Powered-lift authorized to conduct Copter Procedures and that have the performance capability to land in the vertical-lift flight mode, as outlined in the aircraft flight manual, may use the helicopter provisions specified in § 91.169(b)(2)(ii) and (c)(1)(ii); and
2. Powered-lift that are unable to meet the requirements outlined in § 194.302(r)(1) must use the requirements for aircraft other than helicopters under § 91.169(b)(2)(i) and (c)(1)(i).
3.3.14 Section 91.175, Takeoff and Landing Under IFR (refer to § 194.302(s) and (t)).
3.3.14.1 Section 91.175(f) provides civil airport takeoff minimums for persons operating an aircraft under 14 CFR part 121, 125, 129, or 135; however, part 194 only addresses part 135 operations. Section 91.175(f)(2) provides takeoff visibility minimums if the takeoff visibility minimums are not otherwise provided under part 97 for a particular airport. In this case, a powered-lift with two or less engines must have a minimum visibility of 1 sm for takeoff. For more than two engines, a minimum visibility of ½ sm is required for takeoff.
3.3.14.2 Section 194.302(s) stipulates that a powered-lift with two engines or less that conducts their takeoff vertically and are authorized to use Copter Procedures may use the helicopter minimums of ½ sm as provided in § 91.175(f)(2)(iii).
3.3.14.3 Section 91.175(f)(4)(i) requires a pilot under part 135 operations to use a takeoff obstacle clearance or avoidance procedure that ensures compliance with the applicable airplane performance operating limitations under part 135 subpart I for takeoff at that airport. Section 194.302(t) requires powered-lift operators under part 135 to comply with the performance requirements of § 91.175(f)(4)(i). Section 194.306(bbb) requires powered-lift operators to comply with the requirements of part 135 subpart I based upon the size and certification basis of the aircraft.
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3.3.14.4 The operator should review their aircraft’s performance operating limitations to determine which aircraft performance limitation requirements of part 135 subpart I apply. They will use this information to ensure that they are using the appropriate takeoff obstacle clearance or avoidance procedure.
3.4 Part 91 Subpart C, Equipment, Instrument, and Certificate Requirements, and Part 91 Subpart D, Special Flight Operations. Powered-lift must comply with the provisions in part 91 subpart C and part 91 subpart D that are applicable to aircraft.
Paragraphs 3.4.1 through 3.4.7 below detail how the regulations in part 91 subparts C and D that contain airplane- or helicopter-specific provisions apply to powered-lift.
3.4.1 Section 91.205, Powered Civil Aircraft with Standard Category U.S. Airworthiness Certificates: Instrument and Equipment Requirements (refer to § 194.302(u) and (v)).
3.4.1.1 Section 194.302(u) requires all small powered-lift to comply with § 91.205(b)(11) and (b)(14). Section 91.205(b)(11) requires airplanes to be equipped with a position and anticollision light system that meets the requirements set forth in 14 CFR part 23, § 23.2530(b). Under § 194.302(u), powered-lift must be equipped with position and anticollision lights that meet the requirements set forth in § 23.2530(b). In the event of failure of any light of the anticollision light system, operation of the aircraft may continue to a location where repairs or replacement can be made.
3.4.1.2 Powered-lift are also required under § 194.302(u) to comply with § 91.205(b)(14) and have an approved shoulder harness or restraint system installed for all seats. To comply with this rule, powered-lift operators should refer to the current edition of AC 21-34, Shoulder Harness-Safety Belt Installations, for acceptable means of compliance and basic principles regarding design and installation of combined shoulder harness and safety belt restraint systems that meet the applicable requirements.
3.4.1.3 Section 194.302(v) requires powered-lift certified for IFR operations to comply with the airplane provisions in § 91.205(d)(3)(i). Under § 194.302(v), powered-lift must be equipped with either a gyroscopic rate-of-turn indicator or a third attitude instrument system usable through flight attitudes of 360 degrees of pitch and roll installed.
3.4.2 Section 91.207, Emergency Locator Transmitters (refer to § 194.302(w)).
Section 194.302(w) requires all powered-lift to comply with § 91.207 and be equipped with an emergency locator transmitter (ELT). To comply with this rule, powered-lift operators should refer to the current edition of AC 91-44, Installation and Inspection Procedures for Emergency Locator Transmitters and Receivers. AC 91-44 describes installation and inspection procedures for ELT systems and is intended to be used in conjunction with or as a supplement to the installation, maintenance, and inspection requirements found in the maintenance manuals and other information related to the installation, usage, inspection, and maintenance of ELTs.
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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