Avionics News September 2022 - 34

EVTOL AND ADVANCED AIR MOBILITY
Continued from page 33
Even with a bilateral agreement, new aircraft type
certificated in one country must undergo some sort of
validation process to be accepted in another country. That
validation process is likely to be more complicated now but
will follow the same concepts.
Utilizing §21.17(b) still allows the OEM to consider Part
23 as an accepted certification basis.
The FAA gave a statement to The Air Current on May
9, 2022, saying, " Short term, the agency plans to type
certificate powered-lift under its 'special class' process in
14 CFR 21.17(b) of the regulations, using portions of the
performance-based airworthiness standards contained in
Part 23 of the regulations for small airplanes. This 'special
class' process is designed to address the many novel
features of unique aircraft such as these emerging poweredlift
designs. This regulatory framework already exists, and
this approach is consistent with international standards. "
Desrosier explained, " The decision to pursue 21.17(b)
raised a lot of questions and concerns about applicable
airworthiness requirements, but our discussions with the
FAA indicate the standards will continue to be based on
Part 23 Amendment 64 standards and applicable industry
consensus means of compliance, where appropriate. "
The FAA's Part 23 and EASA's CS-23 are mostly
harmonized, and a large number of EASA's proposals in
SC-VTOL aligns with CS-23, he added.
" Ultimately, across most of the design airworthiness
requirements, we will strive for harmonization because that
simplifies validation and global acceptance, " Desrosier
said. " In some cases there will be differences, but that is
not unique to eVTOL or powered-lift. It happens in other
categories, and we address those on a case-by-case basis. "
These case-by-case scenarios are found in other
categories and use cases of aircraft. Consider, for
example, EASA's more stringent regulatory regimes for
single-engine instrument meteorological conditions and
single-engine rotor operations. Despite those regulatory
differences, OEMs and operators find ways to work within
both FAA and EASA regulatory frameworks.
Project timelines
The FAA claims current project deadlines will not be
impacted by this decision.
Shortly after its announcement, the FAA told The Air
Current, " The agency is working with applicants who
currently have projects underway to ensure minimal
disruption to their certification timeline. We do not
expect this adjustment to our approach will add delay
to completing type certification process and receiving
operational approval. "
Later, at the FAA-EASA Safety Conference in June,
34 AVIONICS NEWS * SEPTEMBER 2022
Nolen reaffirmed this position, saying, " And we're
looking ahead to advanced air mobility, or AAM. These
are radically different vehicles, but the framework we
have in place for crewed aircraft is agile enough to
accommodate them. We already have several AAM aircraft
in the certification process, which we expect to certify in
the 2024 time frame, provided safety allows. These types
of operations have the potential to better connect smaller
communities with big cities. "
" It is essential that FAA engages with industry during
each phase of the process of promulgating the SFAR to
ensure common understanding of needs as the agency
develops the NPRM, " Desrosier said. " This should
include a public meeting after disposition of comments to
understand possible changes to NPRM before going to final
rule. "
Meanwhile, EASA continues its march ahead with
new regulations for this segment of the industry. Notice
of Proposed Amendment 2022-06, " Introduction of a
regulatory framework for the operation of drones enabling
innovative air mobility with manned VTOL-capable
aircraft, the initial airworthiness of unmanned aircraft
systems subject to certification, and the continuing
airworthiness of those unmanned aircraft systems operated
in the 'specific' category " was published in late June.
" There is an outstanding opportunity for collaboration
between EASA and FAA right now with both agencies
working on rulemaking to address the same VTOL
operational and licensing topics, " said Jens Hennig,
GAMA's vice president of operations. " GAMA's members
in Europe and the United States are all calling for
collaboration and, where suitable, harmonization of the
operational concepts for powered-lift eVTOL aircraft. "
EASA has also published Special Condition - Vertical
Takeoff and Landing and related proposed means of
compliance for VTOL aircraft certification and is
promulgating regulations for tilt-rotor aircraft.
So are dreamers still dreaming? Some OEMs are well
beyond the dreaming stage. These OEMs are flying fullscale
prototypes, developing and testing pilot training
programs, and building their business models.
Joby Aviation and Archer Aviation, both U.S.-based,
each plan to enter into commercial service in or around
2024. To that goal, Joby Aviation, in May, received its 135
Air Carrier Certificate ahead of schedule, initially targeted
for the second half of 2022.
Lilium, a leader in the European eVTOL market, recently
pushed its target date for type certification to 2025. In
China, EHang is reportedly close to certification to conduct
air taxi or commercial passenger operations.
In the end, whether the dreamers are still dreaming is
the wrong question anyway. The question isn't whether the
dream will come true or in what year - the question is who
will realize the dream first. q
Avionics News September 2022

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