According to a FAA statement reported by multiple media outlets last week, the FAA has decided to modify its regulatory approach and certify electric vertical take-off and landing (“eVTOL”) aircraft as a “special class” aircraft using the existing “powered-lift” aircraft category. As discussed previously, the FAA has been deciding between two approaches to the type certification of eVTOLs—either (a) type certification using airworthiness standards in 14 C.F.R. Part 23 for “Normal Category Airplanes,” which normally fly only horizontally, combined with special conditions for eVTOLs (e.g., vertical flight), or (b) certification under the FAA’s aircraft certification procedures for “special classes” of aircraft in 14 C.FR. § 21.17 (b) (“Special Class Framework”), whereby airworthiness standards derived from other FAA regulations are incorporated as appropriate. The ultimate direction will have significant implications for both eVTOLs’ route to market and future operational requirements (e.g., pilot requirements, infrastructure, etc.). In light of the industry’s expectation…

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