Background
In September of 2022, the FAA released initial design standards for vertiports to manage the development of landing facilities for Advanced Air Mobility (AAM) aircraft. In March 2023, the FAA further modified its guidance. Most recently, on December 27, 2024, the FAA published a revised Engineering Brief No. 105A (EB 105A). This brief adds significant language to its title: “Engineering Brief No. 105A, Vertiport Design, Supplemental Guidance to Advisory Circular 150/5390-2D, Heliport Design.” While the FAA quietly issued this new guidance with little publicity, it has scheduled an instructive teleconference for January 14, 2025. The discussion will summarize the final update, explain anticipated changes, and provide answers to stakeholder questions. While the event is open to the public, participants must register online for EB 105A, Vertiports Industry Day.
EB 105A was issued in compliance with the FAA Reauthorization Act of 2024 (the Act). Subtitle B of the Act addresses Advanced Air Mobility, with Section 958 mandating an update to EB 105A by December 31, 2024. Congress explicitly directed the FAA to integrate the design standard in Heliport Design. Further emphasizing the weight of this directive, the Act required the cancellation of EB 105 upon publication of the new standard. This exceptionally detailed instruction underscores Congress’s prioritization of AAM readiness. Nevertheless, EB 105A is only a placeholder for vertiport design standards until the FAA develops a more extensive, performance and data based Advisory Circular. The FAA has stated that EB 105A’s guidance is not legally binding and will not serve as a standalone basis for FAA enforcement actions or penalties. While adherence is voluntary, the standards charted in EB 105A represent the FAA’s suggested practices to achieve requisite levels of safety, performance, and operation for new vertiport designs and modifications to existing facilities.
Review of EB 105A
Review of EB 105A. Engineering Brief 105A outlines several changes that may entail additional engineering considerations and capital expenditures. Principally, EB 105A alters landing area geometry and markings, creates a new VTOL parking section, and implements a downwash and outwash protection area. For example, the newly created Downwash Caution Area (DCA) is a set parameter intended to “protect persons and property from downwash and outwash (including jet blast or propwash) that may meet or exceed 34.5 mph.” Downwash is an ongoing concern for heliport operations due to potential ground surface erosion, foreign object projectiles, and strong winds. EB105A suggests that the DCA “may require supervision of vehicular and pedestrian traffic during VTOL movement, provisions of robust maintenance and FOD prevention processes, and safeguarding of the DCA from future development to reduce the likelihood of injury or third-party damage.” It will be incumbent on the AAM aircraft manufacturers and vertiport proponents to provide data to determine the appropriate DCA boundary for their aircraft. This may result in unique make and model limitations for vertiport until information is collected. Airports and heliports also function in this manner. Ultimately, DCA specifications will be contingent on research report DOT/FAA/TC-24/42, eVTOL Downwash and Outwash Surveys. Proponents may need to acquire a significant amount of space to conservatively account for the DCA and avoid safety risks.
Likewise, EB 105A makes major changes to the measurements of the landing area. EB 105A establishes new designators for the Rotor Diameter (RD). RD is not a new concept in heliport design, but in this case, it is considered an inner orbit accounting for each blade. The RD is used to calculate the Touchdown and Liftoff Area (TLOF) and the Final Approach and Takeoff Area (FATO); however, the Controlling Dimension (D) is used to calculate the Safety Area. The resulting diagram appears to shoehorn the aircraft into its resting position. Again, this formula is prone to cause confusion, as it likely stems from industry input tailored to specific aircraft designs.
Airport Implications
EB 105A was published after the final draft of Airport Cooperative Research Program Project No. 11-01/ Topic 15-02: Legal Issues Concerning the Safety and Security of General Aviation, authored by Jetlaw. However, the latest EB 105A reiterates several points made in the report. First, vertiports developed at obligated airports must be on the Airport Layout Plan. Next, state and local governments play a crucial role in the regulation of vertiport safety and planning. State and local governments may mandate special licenses or permits to establish landing facilities. Similarly, local governments may enforce zoning regulations, along with environmental, building, and fire codes. Lastly, continued compliance with vertiport design and safety standards may be a function of state or local law upon commencement of operation, as opposed to continuing federal oversight. Taking these key themes into account will enable operators to develop facilities in tandem with continually evolving VTOL technology.
This article was prepared by C. Edward Young, Senior Attorney at Jetlaw, LLC, with assistance from E. Brittan Harrell, Summer Associate at Jetlaw.