• 20 Feb 2024 02:42 AM
• 0

Washington Report, Mar/Apr 2024

EASA Proposes Noise, Safety Standards
On Dec. 12, 2023, the European Union Aviation Safety Agency (EASA) published interim noise standards guidance for the developers of vertical takeoff and landing (VTOL) aircraft with tilting rotors or propellers, a category that includes certain electric VTOL (eVTOL) aircraft designs. In “Environmental Protection Technical Specifications (EPTS) applicable to VTOL- capable aircraft powered by tilting rotors,” EASA proposes applying technical specifications related to noise evaluation metrics and maximum allowable noise levels — among other categories — to tiltrotor and tiltpropeller VTOL aircraft. The paper, complementing one published in May 2023 for VTOL- capable aircraft powered by non-tilting rotors, is designed to provide interim guidance while the agency collects sufficient data to propose regulatory changes. The deadline for public comment on the paper was Feb. 13.

On Feb. 6, EASA published for public comment a proposed means of compliance and guidance material for what the agency calls innovative air mobility (IAM, usually referred to elsewhere as advanced air mobility, AAM). The Notice of Proposed Amendment (NPA) 2024-01 proposes a series of amendments to existing EASA means of compliance and guidance material that are designed to illustrate how the operators, manufacturers and regulators of crewed VTOL-capable aircraft can demonstrate compliance with European standards. The proposed amendments are meant to adhere to EASA’s Opinion No. 03/2023, a comprehensive regulatory framework for innovative technologies like eVTOL aircraft and drones published in August 2023 (see “Washington Report,” Vertiflite, Nov/Dec 2023). The comment period is open until May 6, 2024.

Industry Responds to FAA Policy Change
On Jan. 15, VFS joined other industry associations in submitting comments to the US Federal Aviation Administration’s (FAA’s) proposed policy changes to the definition of aeronautical activity. The proposal, published by the FAA on Nov. 15, 2023, would update the FAA Office of Airports’ definition of “aeronautical activity” to include AAM vehicles, as well as uncrewed aircraft systems (UAS) and commercial space launch vehicles. VFS signed on to comments submitted with the Aerospace Industries Association (AIA), National Air Transport Association (NATA), National Business Aviation Association (NBAA) and the United States Parachute Association (USPA).

The joint submission took issue with the FAA’s inclusion of AAM in its proposed changes to the definition of aeronautical activity, arguing that the existing definition of aeronautical activity already encompasses AAM aircraft. Further, the comments by organizations noted the lack of statutory definition of the term “advanced air mobility,” the absence of which could complicate future rulemaking efforts by the FAA.

Differences Arise Over FAA’s MOSAIC
In January, industry associations representing aviation business and manufacturing communities submitted comments to the FAA’s proposal to expand the category of Light Sport Aircraft (LSA). If implemented, the Modernization of Special Airworthiness Certification, or MOSAIC, rule would allow pilots certified under the sport pilot category to operate larger, more sophisticated aircraft and engage in a greater variety of operations. Initially published on July 24, 2023 (see “Washington Report,” Vertiflite, Sep/Oct 2023), the FAA extended the deadline for comments to Jan. 22.

The LSA rules published in 2004 showed that a self-declarative compliance process that uses industry standards can create comparable levels of safety to two-seat (Level 1) Part 23 aircraft, and can be much safer than amateur kit-built and ultralight aircraft. Current LSA rules restrict aircraft to piston- powered conventional takeoff and landing (CTOL) aircraft with a gross weight of 1,320 lb (600 kg).

The MOSAIC rules as proposed would allow pilots to fly small electric aircraft and rotorcraft that meet its much-expanded requirements. This would allow factory-built gyroplanes to fly in the US — as permitted in many other countries — with higher performance, more advanced avionics and other systems, and higher levels of safety. If MOSAIC is finalized, small electric VTOL and CTOL aircraft may now also be operated (including for flight training), although LSA aircraft will still be precluded from flying passengers for hire, as they are not type certificated.

Despite widespread general approval of MOSAIC, multiple associations, such as the General Aviation Manufacturers Association (GAMA) and Helicopter Association International (HAI), raised issue with some of the details.

In comments submitted on Jan. 22, HAI applauded the inclusion of “certain simple-to-fly helicopters” in the expanded categorization of Light Sport Aircraft. However, HAI took issue with the FAA’s proposed requirement that these helicopters need to have “simplified controls,” arguing that the inclusion of such a requirement creates “a very specific, and entirely new, niche of future aircraft for consideration as light sport.” HAI recommended that the FAA include a means by which currently manufactured rotorcraft could achieve the performance-based requirements currently expressed in its proposal.

HAI also argued that requiring the manufacturers and owners of these experimental aircraft to comply with existing noise standards would “stifle innovation” and impose a “significant burden.” GAMA urged that the FAA remove the noise certification requirement, known as Part 36, from MOSAIC, calling it “overly restrictive” and contrary to the intent of the LSA category.

As this issue was going to print, the FAA reopened the deadline for comments for another 30 days (to March 11), after documenting comments by an FAA official on noise requirements at an October 2023 meeting with ASTM International’s Committee F37 on Light Sport Aircraft that was considered potentially outside the FAA’s “ex parte” communication restrictions during the rule-making process.

Senate Committee Passes FAA Reauthorization
On Feb. 8, the US Senate Committee on Commerce, Science and Transportation passed the Federal Aviation Administration Reauthorization Act of 2023. In passing the five-year reauthorization bill, S. 1939, the committee overcame months of stubborn policy disagreements on issues such as whether to raise the mandatory pilot retirement age from 65 to 67 and whether to increase the number of long-distance flights permitted to land at Ronald Reagan Washington National Airport (DCA). The FAA’s operating authority, which is set to expire on March 8, would have expired in September 2023 had legislators not passed multiple extensions to allow the Senate more time to resolve its differences.

Senate negotiators will now need to come to agreement with those in the House of Representatives, which passed its version of the reauthorization bill, H.R. 3935, in July 2023 (see “Washington Report,” Vertiflite, Sept/Oct 2023). Where the House bill would raise the pilot retirement age and maintain the limit on flights at National Airport, for example, the Senate bill would keep the current retirement age in place and add five roundtrip flights to DCA.

Although both bills contain multiple provisions intended to advance the integration of electric aircraft, drones and other AAM vehicles into the airspace, differences remain. The Senate bill, for example, would reassign responsibility for AAM from existing FAA departments to a new office, the Office of Advanced Aviation Technology and Innovation. An amendment to the Senate bill by Sen. Peter Welch (D-VT) would create a pilot program to enable airports to purchase multi-modal electric charging equipment for electric air and ground vehicles. The final bill that will resolve all of these issues is expected soon.