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.
12-4
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.
14-1 CHAPTER 14. PART 91 PILOT CERTIFICATION FOR POWERED-LIFT WITH
SPECIAL AIRWORTHINESS CERTIFICATES FOR EXPERIMENTAL PURPOSES
14.1 Operating Limitations. Under 14 CFR part 21, § 21.191, an aircraft may be issued an Experimental Airworthiness Certificate for specific purposes. In general, experimental aircraft are not subject to the same airworthiness standards as their counterparts holding Standard Airworthiness Certificates. As a result of these differing standards, experimental aircraft are subject to additional operating limitations. Issuance of additional operating limitations is authorized by part 91, § 91.319(i), and compliance with these operating limitations is required by § 91.9(a). As such, category ratings and other authorizations
(e.g., the authorization to act as pilot in command (PIC)) may be prescribed through operating limitations for experimental powered-lift, as warranted.
Appendix A A-1 APPENDIX A. EXAMPLE ENDORSEMENTS A.1 Cross-Country Endorsements for Each Certificate Type for All Applicants.
I certify that [First name, MI, Last name], [grade of pilot certificate], [certificate number], has completed the cross-country flights as specified in § 194.211(b)(1), (b)(2), (b)(3), and (c). I have determined that [First name, MI, Last name] meets the minimum cross-country aeronautical experience required for the commercial pilot powered-lift practical test.
Signature of Instructor _________ Print Name ______________ Cert No. ____________ Date ______ I certify that [First name, MI, Last name], [grade of pilot certificate], [certificate number], has completed the cross-country flights as specified in § 194.209(d)(1). I have determined that [First name, MI, Last name] meets the minimum cross-country aeronautical experience required for the instrument-powered-lift practical test.
Signature of Instructor _________ Print Name ______________ Cert No. ____________ Date ______ I certify that [First name, MI, Last name], [grade of pilot certificate], [certificate number], has completed the cross-country flights as specified in § 194.214(a), (b)(1), and (b)(2). I have determined that [First name, MI, Last name] meets the minimum cross-country aeronautical experience required for the private pilot powered-lift practical test.
Signature of Instructor _________ Print Name ______________ Cert No. ____________ Date ______ A.2 Test Pilot or Aviation Safety Inspector (ASI)—Commercial Pilot.
[Cross-country endorsement above] I certify that [First name, MI, Last name], [grade of pilot certificate], [certificate number], has satisfactorily completed the training curriculum for a(n) [specify the manufacturer name and model of aircraft] as specified in § 194.217(b)(1).
Signature of Instructor Pilot _________ Print Name _____________ Cert No. _________ Date ______
Appendix A A-2 I certify that [First name, MI, Last name], [grade of pilot certificate], [certificate number], has received the required training in a(n) [specify the manufacturer name and model of aircraft] as specified in § 194.217(b)(1) and meets the aeronautical experience requirements of § 194.211(a)(1)(v)(A). I have determined that [First name, MI, Last name] is prepared for the required practical test for the issuance of a commercial pilot powered-lift certificate.
Signature of Instructor Pilot _________ Print Name _____________ Cert No. _________ Date ______ I certify that [First name, MI, Last name], [grade of pilot certificate], [certificate number], has received and logged 3 hours of training time in the experimental powered-lift within 2 calendar months preceding the month of application in preparation for the commercial pilot practical test as specified in § 194.211(d)(1)(iii).
Signature of Instructor Pilot _________ Print Name _____________ Cert No. _________ Date ______ A.3 Test Pilot or ASI—Instrument Rating.
[Cross-country endorsement above] I certify that [First name, MI, Last name], [grade of pilot certificate], [certificate number], has satisfactorily completed the training curriculum for a(n) [specify the manufacturer name and model of aircraft] as specified in § 194.225.
Signature of Instructor Pilot _________ Print Name _____________ Cert No. _________ Date ______ I certify that [First name, MI, Last name], [grade of pilot certificate], [certificate number], has received the required training in a(n) [specify the manufacturer name and model of aircraft] as specified in § 194.209(a)(1)(iii) and meets the aeronautical experience requirements of § 194.209(a)(1)(v)(A). I have determined that [First name, MI, Last name] is prepared for the required practical test for the issuance of an instrument-powered-lift rating.
Signature of Instructor Pilot _________ Print Name _____________ Cert No. _________ Date ______ I certify that [First name, MI, Last name], [grade of pilot certificate], [certificate number], has received and logged 3 hours of training time in the experimental powered-lift within 2 calendar months preceding the month of application in preparation for the instrument rating practical test as specified in § 194.209(b)(1)(iii).
Signature of Instructor Pilot _________ Print Name _____________ Cert No. _________ Date ______
Appendix A A-3 A.4 Instructor Pilot—Commercial Pilot.
[Cross-country endorsement above] I certify that [First name, MI, Last name], [grade of pilot certificate], [certificate number], has satisfactorily completed the training curriculum for a(n) [specify the manufacturer name and model of aircraft] as specified in § 194.219(b)(1).
Signature of Management Official _______________ Print Name _______________ Date ________ I certify that [First name, MI, Last name], [grade of pilot certificate], [certificate number], has completed the cross-country flights as specified in § 194.211(b)(1), (b)(2), and (b)(3) at [name of manufacturer] in a(n) [specify model of aircraft]. I have determined that [First name, MI, Last name] meets the minimum cross-country aeronautical experience required for the commercial pilot powered-lift practical test.
Signature of Management Official _______________ Print Name _______________ Date ________ I certify that [First name, MI, Last name], [grade of pilot certificate], [certificate number], has provided the required training in a(n) [specify the manufacturer name and model of aircraft] as specified in § 194.211(a)(1)(iii) and meets the aeronautical experience requirements of § 194.211(a)(1)(v)(B). I have determined that [First name, MI, Last name] is prepared for the required practical test for the issuance of a commercial pilot powered-lift certificate.
Signature of Management Official _______________ Print Name _______________ Date ________ I certify that [First name, MI, Last name], [grade of pilot certificate], [certificate number], has provided instruction and logged 3 hours of training time in the experimental powered-lift within 2 calendar months preceding the month of application in preparation for the commercial pilot practical test as specified in § 194.211(d)(1)(iii).
Signature of Management Official _______________ Print Name _______________ Date ________ A.5 Instructor Pilot—Instrument Rating.
[Cross-country endorsement above] I certify that [First name, MI, Last name], [grade of pilot certificate], [certificate number], has satisfactorily completed the training curriculum for a(n) [specify the manufacturer name and model of aircraft] as specified in § 194.227.
Signature of Management Official _______________ Print Name _______________ Date ________