10-1 CHAPTER 10. MISCELLANEOUS QUALIFICATION REQUIREMENTS
10.1 Requirements for Pilots Serving as Second in Command (SIC) in a Powered-Lift.
10.1.1 Application of 14 CFR Part 61, § 61.55 to Powered-Lift Pilots. Pilots seeking to serve as SIC of a powered-lift that is type certificated for more than one required pilot flight crewmember or in operations requiring an SIC pilot flight crewmember must meet the SIC qualification requirements of § 61.55. According to § 61.55(a), an individual must hold a powered-lift category rating on their pilot certificate as well as an instrument-powered-lift rating if the flight will be conducted under instrument flight rules (IFR). These requirements ensure that the SIC has obtained a base level of experience in the powered-lift category and successfully passed a practical test to obtain the powered-lift rating. With exception to circumstances described in paragraph 10.1.2 below, this experience may be in a different type of powered-lift than the powered-lift for which SIC privileges are sought.
10.1.2 A irman Certification Standards (ACS ) Task Requirements for Powered-Lift Type Rated Pilots.
10.1.2.1 In accordance with 14 CFR part 194, § 194.209, in order for a pilot to act as SIC in a powered-lift, they must have completed all ACS tasks required for the practical test. There may be situations whereby a pilot obtains a powered-lift type rating but did not complete all the ACS tasks because the powered-lift was not capable of performing certain functions (as explained in Chapter 4, Alternate Requirements for Practical Tests and Training in a Powered-Lift). To ensure that the pilot is proficient in the maneuvers that the powered-lift is capable of, but that the pilot was not trained or tested on, the pilot must accomplish certain requirements to act as SIC in that aircraft that is capable of completing such tasks. Section 194.209 sets forth the requirements an individual must accomplish to serve as SIC in a powered-lift in this unique circumstance. Therefore, in order to operate as SIC in that aircraft, that person must first have completed the following:
1. Received and logged ground and flight training from an authorized instructor on the specific tasks that were waived on the person’s practical test; and
2. Received a logbook or training record endorsement from an authorized instructor certifying the person has satisfactorily demonstrated proficiency of those tasks. The authorized instructor should utilize the applicable ACS to determine whether a pilot has demonstrated proficiency of a task.
10.1.2.2 The training and endorsement are not required for those pilots who:
1. Satisfactorily complete a practical test in that aircraft, and that test includes each task required in § 61.43(a)(1) (i.e., the tasks specified in the areas of operation contained in FAA-S-ACS-17, Airline Transport Pilot
10-2 and Type Rating for Powered-Lift Category Airman Certification Standards); or
2. Receive ground and flight training and satisfactorily complete a competency check under 14 CFR part 91, § 91.1065 or part 135, § 135.293 in a powered-lift, provided the training program and check include each task that was previously waived in accordance with § 194.207(b).
10.2 Training in a Powered-Lift that Requires Two Pilot Flight Crewmembers. An applicant for a powered-lift rating may receive training under §§ 194.221, 194.223,
194.229, and 194.231, notwithstanding the SIC requirements of § 61.55, in a powered-lift that is type certificated for more than one required pilot flight crewmember and may serve as SIC in a powered-lift that is type certificated for more than one required pilot flight crewmember without meeting the requirements of § 61.55(a)(1), (a)(2), and (b)(2).
10.3 Second in Command Professional Development Program (SIC PDP).
10.3.1 Overview—SIC PDP. In 83 FR 30282, Regulatory Relief: Aviation Training Devices;
Pilot Certification, Training, and Pilot Schools; and Other Provisions (published June 27, 2018), the FAA amended § 135.99 to allow a certificate holder (CH) to receive approval of an SIC PDP. An SIC PDP allows the CH’s pilots to log SIC time in part 91 or 135 operations conducted by a part 135 CH in an airplane or operation that does not otherwise require an SIC. As described in that final rule, a comprehensive SIC PDP provides opportunities for beneficial flight experience that may not otherwise exist.
Recognizing the benefits of that flight time, the FAA also amended §§ 61.159 and 61.161 to allow a pilot to credit SIC time logged under an SIC PDP toward certain flight time requirements for an Airline Transport Pilot (ATP) Certificate with an airplane category rating or rotorcraft category rating with helicopter class rating. For the same reasons, the FAA concludes a pilot should be able to credit SIC time logged under an SIC PDP toward an ATP Certificate with a powered-lift category rating in the same manner as currently allowed for an ATP Certificate with airplane category rating or rotorcraft category rating with helicopter class rating.
10.3.2 Credit For SIC PDP Flight Time—Amendment of § 61.163(c).
10.3.2.1 Section 61.163 allows SIC time logged under an SIC PDP to be counted toward the following:
• Section 61.163(a), total time as a pilot;
• Section 61.163(a)(1), cross-country flight time;
• Section 61.163(a)(2), night flight time; and
• Section 61.163(a)(4), instrument flight time, excluding the specific powered-lift flight time requirements.
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10.3.2.2 SIC time logged under an SIC PDP may not be used to meet the powered-lift PIC flight time requirements of § 61.163(a)(3).
10.3.3 International Civil Aviation Organization (ICAO) Limitations for SIC PDP Flight Time—Amendment of § 61.163(d) and (e). The FAA notes that, because ICAO standards do not recognize the crediting of flight time when a pilot is not required by the aircraft certification or the operation under which the flight is being conducted, in accordance with § 61.163(d), pilots who rely on flight time logged under an SIC PDP to meet the requirements for an ATP Certificate must have a limitation on their ATP Certificates indicating that they do not meet the pilot-in-command (PIC) aeronautical experience requirements of ICAO. This limitation may be removed in accordance with § 61.163(e) when the pilot presents satisfactory evidence that they have met the ICAO standards.
Section 61.163(d) and (e) set forth the requirement for the ICAO limitation and the requirements for removing the limitation.
10.4 Supervised Operating Experience (SOE) Requirements of § 61.64.
10.4.1 Airmen Qualification Requirements for Type Rating Practical Test in a Full Flight Simulator (FFS).
10.4.1.1 Section 61.64(e) states that if a powered-lift is not used during the practical test for a type rating in a powered-lift (except for preflight inspection), an applicant must accomplish the entire practical test in a Level C or higher FFS and have 500 hours of flight time in the type of powered-lift for which the rating is sought. If the applicant meets the aeronautical experience requirements set forth in § 61.64(e), as appropriate to the type rating sought, then the applicant receives a type rating without limitation. An applicant may obtain the 500 hours of flight time that is required by § 61.64(e) while serving as SIC, as specified in § 194.209.
10.4.1.2 If the applicant does not satisfy the aeronautical experience requirements, then the applicant receives a PIC limitation on their pilot certificate in accordance with § 61.64(f)(2). The PIC limitation restricts the pilot from serving as PIC in the type of aircraft for which they have been type rated. The PIC limitation may be removed from the pilot certificate when the applicant complies with the SOE requirements set forth in § 61.64(g). Specifically, the applicant must perform 25 hours of flight time in an aircraft of the category, class, and type for which the limitation applies under the direct observation of a qualified PIC who holds the appropriate ratings, without limitations, for the aircraft. The applicant must obtain this SOE while performing the duties of PIC. Once the applicant completes the flight time required by § 61.64(g), they should contact their Flight Standards District Office (FSDO) to have the limitation removed.
10.4.2 Newly Rated Powered-Lift Pilots Utilizing SOE. Before newly rated powered-lift pilots may perform SOE in a powered-lift, there first must be a cadre of qualified PICs to directly observe the flight time. Based on the experience test pilots gain in the specific type of powered-lift, they will initially be the only pilots with enough flight time to
10-4 qualify as PIC with a Commercial Pilot Certificate with a powered-lift category rating and a type rating without limitation. When these pilots are certificated, they will be able to directly observe SOE for applicants who receive a limitation on their certificate in accordance with § 61.64(e).
Note: SOE for part 61 and SOE for part 135 can be conducted concurrently as long as the aircraft and pilots meet the part 135 regulatory requirements.
11-1 CHAPTER 11. PART 91K REQUIREMENTS TO SERVE AS A POWERED-LIFT
PILOT IN A FRACTIONAL OWNERSHIP PROGRAM
11.1 Use of Powered-Lift in Part 91K. Part 91K contains regulatory safety standards for operations under fractional ownership programs, including pilot training. Part 91K currently has two powered-lift references in §§ 91.1001(b)(10) and 91.1053(a)(2).
11.2 Part 91K Crewmember Experience Requirements. Section 91.1053 prescribes the FAA certification and ratings required to serve as a pilot in a powered-lift as part of a fractional ownership program and is applicable to powered-lift as written.
Section 91.1053(a)(2)(i) requires the pilot in command (PIC) of a powered-lift to hold an Airline Transport Pilot (ATP) Certificate and applicable type ratings to conduct operations under part 91K. Section 91.1053(a)(2)(i) clarifies that the type rating required cannot be limited to visual flight rules (VFR)-only operations.
11.3 Pilot Operating Limitations and Pairing Requirement. As stated in 14 CFR part 194, § 194.245, all part 91K powered-lift operations must comply with the regulatory requirements of § 91.1055. Accordingly, the PIC in a powered-lift must make all takeoffs and landings for the situations listed in § 91.1055 if the second in command (SIC) has less than 100 hours of SIC flight time in the specific powered-lift type. The exception to this is if the PIC is a qualified check pilot; then, the SIC may make takeoffs and landings in those situations.
12-1 CHAPTER 12. REQUIREMENTS TO SERVE AS A POWERED-LIFT PILOT UNDER PART 135
12.1 Alternate Provisions for Persons Receiving Training Under a Part 135 Approved Training Program.
12.1.1 Pilot Eligibility. As specified in 14 CFR part 194, § 194.243(a)(3), a 14 CFR part 119 certificate holder (CH) authorized to conduct part 135 operations may train a pilot for powered-lift ratings only if the pilot is employed by the part 119 CH and holds at least a Commercial Pilot Certificate with either:
• An airplane category rating with a single-engine or multiengine class rating and an instrument-airplane rating, or
• A rotorcraft category rating with a helicopter class rating and an instrument-helicopter rating.
12.1.2 Title 14 CFR Part 61 Training and Endorsement Requirements. An employee of a part 135 CH may forgo the training and endorsement required in part 61, § 61.39 if the pilot receives a flight training record endorsement from the CH attesting that the person completed the CH’s approved ground and flight training program. Section 194.243(b) permits a pilot to apply to add a powered-lift category rating concurrently with an instrument-powered-lift rating and an initial powered-lift type rating to their Commercial Pilot Certificate, provided the person has a training record endorsement from an authorized instructor for that CH attesting that the pilot satisfactorily completed the applicable ground and flight training curricula in the approved part 135 training program and the pilot was found proficient in the areas of operation listed in §§ 61.65(c),
61.127(b)(5), and 61.157(e)(3).
12.1.3 Checking and Testing.
12.1.3.1 Section 194.243(b) allows for a pilot who completes the certification curriculum and the part 135 CH training to apply to add a powered-lift category rating concurrently with an instrument-powered-lift rating and an initial powered-lift type rating to their Commercial Pilot Certificate if the person successfully completes the written or oral testing under 14 CFR part 135, § 135.293(a)(2) and (3); a competency check under § 135.293(b);
and an instrument proficiency check (IPC) under § 135.297 provided certain conditions are met.
12.1.3.2 First, under § 194.243(b)(1)(iii)(A), the § 135.293(b) competency check is required to include the maneuvers and procedures required by part 61 for the issuance of a Commercial Pilot Certificate with a powered-lift category rating and a powered-lift type rating.
12.1.3.3 Second, under § 194.243(b)(1)(iii)(B), the IPC must meet the requirements of § 135.297, as applicable to a pilot in command (PIC) holding a Commercial
12-2 Pilot Certificate, which includes the maneuvers and procedures required by part 61 for the issuance of an instrument-powered-lift rating.
12.1.3.4 Finally, under § 194.243(c), the testing, competency check, and IPC will be administered by an aviation safety inspector (ASI), an Aircrew Program Designee (APD) who is authorized to perform competency checks and IPCs for the CH, or a Training Center Evaluator (TCE) with appropriate certification authority who is also authorized to perform competency checks and IPCs for the CH.
12.1.3.5 Additionally, § 135.301(b) allows a pilot who fails a maneuver on a check to be given additional training during the check and be retested while conducting the check. However, that is not authorized in SFAR 120 under § 194.243(b)(2). This is because the checks performed result in the issuance of an additional rating under part 61, in which similar provisions are not allowed for in pilot certification. Section 194.243(b)(2) requires that if a pilot fails a maneuver on the competency check or IPC, the check and practical test result in an unsatisfactory outcome.
12.1.3.6 S ection 194.243(b)(2) also does not allow for substitution of an IPC for a competency check, as stated in § 135.293(d). Both the competency check and IPC must be completed.
12.1.4 A lternate Qualification Requirements for Flight Instructors under Part 135 .
12.1.4.1 Normally, pilots hold the applicable category and class ratings prior to employment at a part 135 CH. However, a part 135 CH conducting powered-lift operations may not be able to hire pilots who hold the necessary powered-lift category ratings on their Commercial Pilot Certificates due to the aircraft being new to the civilian market. As a result, these pilots may receive their powered-lift category rating through an approved training program at the CH. The FAA has determined that, when complying with § 194.243, a person must hold a flight instructor certificate issued under part 61 with the appropriate ratings to provide training for the purpose of adding a powered-lift category rating or an instrument-powered-lift rating to a Commercial Pilot Certificate, pursuant to § 194.243(a)(2). This determination is based on:
• The lack of powered-lift experience held by pilots completing the part 135 training program, and
• The curriculum content required for the issuance of a Commercial Pilot Certificate with a powered-lift category rating and an instrument-powered-lift rating.
12.1.4.2 Since § 194.203 requires all instructors to hold a flight instructor certificate with powered-lift ratings when providing instruction under an approved part 135 training program for initial powered-lift ratings, a person who only holds an Airline Transport Pilot (ATP) Certificate with a powered-lift rating is
12-3 unable to provide instruction for this specific training curricula in accordance with § 61.167(a).
12.2 Certification Training Curricula. Section 194.243(a) authorizes a part 119 CH authorized to conduct part 135 operations to provide ground and flight training to meet the part 61 requirements of a commercial pilot powered-lift rating, an instrument-powered-lift rating, and an aircraft type rating. The approved training curricula must include all applicable requirements in parts 61, 135, and 194 for the addition of a powered-lift category rating to a Commercial Pilot Certificate and instrument-powered-lift rating.
12.3 Advanced Qualification Program (AQP). Section 135.3 contains specific rules applicable to operations conducted under part 135. Specifically, § 135.3(b) prescribes that commuter operations under part 135 and CHs conducting such operations with airplanes for which two pilots are required by the aircraft type certification must comply with the training and qualification requirements in 14 CFR part 121 subparts N a nd O instead of the training and qualification requirements in part 135 subparts G a nd H .
Section 194.247(b) creates an alternative means of compliance with § 135.3 for CHs conducting powered-lift commuter operations under part 135 with aircraft requiring two pilots as required by the type certificate (TC). For these operations, the FAA requires that CHs comply with part 121 subpart Y, Advanced Qualification Program. This enables a pathway for these commuter operations in powered-lift to meet a higher level of safety than the training and qualification requirements in part 135 subparts G and H without imposing the unattainable multiengine airplane requirements of part 121 subparts N and O on powered-lift commuter operators in part 135. The AQP also allows flexibility between operators to accommodate their training needs for the aircraft performance and capabilities along with their operations.
12.3.1 Applying for AQP Approval. The CH should submit a letter of intent to the Principal Operations Inspector (POI) if they intend to implement an AQP program. Detailed information on the AQP process is found in AC 120-54, Advanced Qualification Program.
12.3.2 Approved Training Program Requirements.
12.3.2.1 In addition to the requirements of an AQP in part 121 subpart Y, § 194.247(b)(2) and (3) also requires CHs to include the following topics in their approved training program:
1. Curriculums on initial ground training for PIC and upgrade ground training, which must contain instruction and facilitated discussion on the following, as stated in § 194.247(b)(2)(i) and (ii):
a. Leadership and command; and
b. Mentoring, including techniques for instilling and reinforcing the highest standards of technical performance, airmanship, and professionalism in newly hired pilots.
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2. For recurrent ground training for PIC every 36 calendar months, training must contain instruction and facilitated discussion on 1b above, as stated in § 194.247.
12.3.2.2 Additionally, § 194.247(b)(4) requires that initial flight training for PICs and upgrade flight training contain sufficient scenario-based training (SBT) incorporating Crew Resource Management (CRM) and leadership and command skills to ensure the pilot’s proficiency as PIC.
12.4 PIC Qualifications. Section 135.243 prescribes qualifications for pilots serving as PIC, which also includes pilots serving as PIC in powered-lift. Table 12-1 below indicates the minimum level of certificate and ratings the PIC is required to hold for certain operations conducted under part 135.
Table 12- 1. Powered- Lift Pilot-in-Command Qualifications Part 135 Operation Minimum Certificate Required Minimum Ratings Required On-demand passenger-carrying turbojet-powered operations in powered-lift ATP Certificate 1. Powered-lift category rating; and
2. Appropriate powered-lift type rating, not limited to visual flight rules (VFR).
On-demand operations in powered-lift with 10 or more passenger seats, excluding crewmember seats ATP Certificate 1. Powered-lift category rating; and
2. Appropriate powered-lift type rating, not limited to VFR.
Commuter operations in powered-lift other than turbojet-powered powered-lift ATP Certificate 1. Powered-lift category rating; and
2. Appropriate powered-lift type rating, not limited to VFR.
On-demand non-turbojet-powered operations in powered-lift with nine or less passenger seats, excluding crewmember seats Commercial certificate 1. Powered-lift category rating;
2. Appropriate powered-lift type rating, not limited to VFR; and
3. Instrument-powered-lift rating or an ATP Certificate not limited to VFR with a powered-lift category rating.
Cargo operations Commercial certificate 1. Powered-lift category rating;
2. Appropriate powered-lift type rating, not limited to VFR; and
3. Instrument-powered-lift rating or an ATP Certificate not limited to VFR with a powered-lift category rating.
12.5 Applicability of Rules for Eligible On-Demand Operations. As stated in § 194.309, all powered-lift eligible on-demand operations under part 135 must comply with the regulatory requirements of § 135.4(a)(3). Accordingly, the PIC in a powered-li ft must make all takeoffs and landings for the situations listed per § 135.4(a)(3) if the second in
12-5 command (SIC) has less than 100 hours of SIC flight time in the specific powered-lift make and model (M/M) and type. The exception to this is if the PIC is a qualified check pilot; then, the SIC may make takeoffs and landings in those situations.
13-1 CHAPTER 13. REQUIREMENTS FOR PART 141 SCHOOLS
13.1 Class Rating Requirements for Part 141. Under the published part 141, flight training requirements include powered-lift category and class ratings. However, due to the inability to establish classes for powered-lift ratings at this time, 14 CFR part 194 exempts a part 141 certificate holder (CH) from requiring a class rating in an approved course.
13.2 Alternate Qualification Requirements for Chief Instructors, Assistant Chief Instructors, and Check Instructors. As specified in part 194, § 194.241, relief is provided to the requirements of part 141, §§ 141.35(a)(1), 141.36(a)(1), and
141.37(a)(2)(ii) that a person hold a powered-lift class rating on their pilot and flight instructor certificates. However, § 194.241 requires that each person seeking designation as a chief instructor, an assistant chief instructor, or a check instructor for checks and tests that uses a powered-lift holds the specific type rating used in that course of training.
Specifically, any person seeking to qualify as a chief instructor, an assistant chief instructor, and a check instructor must meet the following requirements:
1. Hold a Commercial Pilot Certificate or an Airline Transport Pilot (ATP) Certificate with the following ratings:
a. A powered-lift category rating;
b. A type rating for the powered-lift used in the course; and
c. An instrument-powered-lift rating, if an instrument rating is required for the course.
2. Hold a current flight instructor certificate with the following ratings:
a. A powered-lift category rating; and
b. An instrument-powered-lift rating, if an instrument rating is required for the course.
13.3 Alternate Qualification Requirements for Check Instructors for Checks and Tests That Relate to Ground Training. As specified in § 194.241(b), a person seeking designation as a check instructor for checks and tests that relate to ground training for powered-lift must hold a current flight instructor certificate with a powered-lift category rating or ground instructor certificate with ratings appropriate to the category of aircraft used in the course.
13.4 Alternate Means to Satisfy Flight Training Minimum Curriculum Content Specified in Part 141 Appendices for a Powered-Lift Category Rating. Pilot schools seeking to utilize a powered-lift in a course of training are required to comply with appendices to part 141 for the respective course they are offering. Powered-lift courses are outlined in these appendices and reference the minimum areas of operation to train applicants for the certificate they are seeking. Under § 194.207, the FAA is allowing for a task to be waived when it is deemed the powered-lift is not capable of the task through the aircraft certification process. Since part 141 requires training and testing to mirror 14 CFR part 61, a pilot school might also wish to utilize this flexibility when applying for a
13-2 course of training with a powered-lift. Therefore, the FAA is also allowing a part 141 pilot school seeking approval of a course in a powered-lift resulting in a Private or Commercial Pilot Certificate to comply with § 194.239(a) in lieu of the minimum curriculum content when the powered-lift they seek to operate is not deemed capable of a certain task through the aircraft certification process.
13.5 Alternate Cross-Country Requirements Applicable to Part 141 Approved Courses.
Powered-lift courses are outlined in the appendices of part 141 and reference the cross-country requirements applicants must complete for the certificate they are seeking.
Because the cross-country requirements mirror those in part 61, the FAA is allowing for a part 141 course to use those cross-country requirements under the parameters specified in § 194.239(b) for the appropriate course by providing an alternate means to satisfy certain minimum curriculum content in part 141 appendices B, C, D, and M.