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Innovate28, Certification, and eIPP, Oh My! An Advanced Air Mobility Update

Courtney W. Freeman

Published: Nov 19, 2025

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The time for submitting comments on the FAA’s latest drone initiative, Part 108, has come and gone, but other opportunities to participate in the integration of novel and emerging aircraft into the National Airspace System are forthcoming. Between the Advanced Air Mobility (AAM) integration efforts associated with the 2028 Los Angeles Olympics, the recent publication of the Advisory Circular for airworthiness certification of powered-lift aircraft, and the eVTOL Integration Pilot Program (eIPP), manufacturers, operators, and state, local, tribal, and territorial governments will have several unique opportunities to partner with the FAA, as well as to advance the industry toward normalized, scaled, and revenue-generating operations.

First, the FAA is the focal federal regulator for efforts formally known as Innovate28, which is a government-wide initiative to showcase AAM operations as a feature of the 2028 Los Angeles Olympics (LA28). Innovate28 seeks to operationalize FAA’s central AAM planning document, the AAM Implementation Plan[1], which details steps the FAA would take to integrate AAM in the near term. The most critical activities already completed include publication of the Special Federal Aviation Regulation detailing airman certification requirements and operating rules for powered-lift aircraft, which was adopted as final on November 21, 2024, as well as publication of its companion rule, Update to Air Carrier Definitions, which was largely administrative in nature but amended the definitions in Part 110 to make it possible for powered-lift to operate with a Part 119 certificate under Part 135.[2][3] Recent developments include selection of Archer Aviation as the official air taxi provider of the LA Olympics, and Archer’s recent agreement to purchase the master lease for the Hawthorne Municipal Airport in support of this effort. [4][5]

More broadly, a significant milestone for progression to normalized passenger revenue service, including for LA28, will be type certification of AAM aircraft, which is one step closer thanks to the release of Advisory Circular (AC) 21.17-4. The publication of AC 21.17-4 represents the consolidation of criteria generated by the FAA for multiple powered-lift airworthiness certification projects under 14 CFR § 21.17(b).[6] These criteria only apply to powered-lift with a maximum gross weight of 12,500 pounds or less, a passenger seating configuration of six or less, and battery-powered electric engine driven propellers for propulsion. Appendix A of the AC contains performance-based airworthiness criteria which capture the safety intent of each requirement. The applicant will then propose a detailed design standard as a specific means of compliance, which the FAA will accept if it finds the means of compliance to be appropriate and applicable to a specific aircraft’s design. For powered-lift aircraft that exceed the applicability of the AC or for which the manufacturer or Administrator determines different or additional criteria or necessary, the FAA will propose and request public comment on those criteria in the Federal Register. The publication of the AC is a significant step toward standardizing and expediting the TC process for powered-lift aircraft. In the near term, manufacturers who are in the TC process have the opportunity to participate in the eIPP, which could offer unique pre-certification opportunities.

Moving beyond Los Angeles, the eIPP will offer operators and manufacturers a rare chance to partner with state, local, tribal, and territorial (SLTT) governments to both test aircraft and conduct revenue operations enabled and promoted by the federal government. The eIPP was announced in the Trump Administrations’ emerging aviation technology executive order, Unleashing American Drone Dominance.[7] Similar to the original IPP and its follow-on program, BEYOND, the SLTTs are the lead participants, so they are responsible for submitting the application. Accordingly, industry partners must seek out SLTTs that are planning to apply to the program for partnership opportunities. The FAA has determined that for aircraft that will be a part of an eIPP application, a current type certification project is necessary, which makes the publication of AC 21.17-4 all the more timely.[8] Because the eIPP was established as an extension of the BEYOND program, the FAA could exercise waiver authority that would offer relief for airworthiness certification for operators and manufacturers in the intervening time before achieving type certification, but the FAA seems to be using the existence of a TC project as a measure of aircraft maturity to make decisions about participation. The deadline for application to participate in the eIPP stands just one month away on December 11, 2025.[9]

The resources and possible economic opportunities for localities that are selected to participate in the eIPP are significant. States that were selected for the original IPP have seen considerable gains in the aviation sector from their participation. For example, the Choctaw Nation of Oklahoma was the first tribal nation to be recognized as a public aircraft operator as well as the first tribal nation to lead a major aviation technology initiative. As a result, it just opened an Emerging Aviation Technology Center, which will only increase its visibility and viability of future work for both the Tribe and Southeastern Oklahoma.[10] North Dakota has also seen significant benefits from its work in the IPP. The Northern Plains UAS test range and Vantis, the statewide UAS system, are both tremendous resources for localities looking for guidance in navigating the proliferation of drones.[11] The eIPP offers a renewed opportunity for additional SLTTs to join an exclusive group - an opportunity that comes with significant upside potential.

About Our Author

Courtney Freeman is a leading member of the Adams & Reese Aviation and Aerospace Team. Prior to joining Adams & Reese as Counsel, Courtney was a senior member of the Office of the Chief Counsel at the FAA, where she led the teams that provided the legal architecture for emerging aviation technologies, including drone operations, Advanced Air Mobility (AAM), and other forward-thinking initiatives. Courtney’s prior experience affords direct insight into complex legal, operational, and commercial issues, which she applies to help clients navigate risks, solve problems, and capitalize on opportunities.

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