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Historical and Revision Notes
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44704(a)(1)
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49 App.:1423(a)(2) (1st–4th sentences).
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Aug. 23, 1958, Pub. L. 85–726, §§ 503(h), 603(a)(1) (related to regulations for appliances), (2), (b) (related to basis for issuing, and contents of, certificates), (c) (related to basis for issuing, and contents of, certificates), 72 Stat. 774, 776.
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49 App.:1655(c)(1).
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Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444.
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44704(a)(2)
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49 App.:1423(a)(1) (related to regulations for appliances), (2) (5th, last sentences).
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49 App.:1655(c)(1).
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44704(b)
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49 App.:1423(b) (related to basis for issuing, and contents of, certificates).
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49 App.:1655(c)(1).
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44704(c)(1)
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49 App.:1423(c) (related to basis for issuing, and contents of, certificates).
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49 App.:1655(c)(1).
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44704(c)(2)
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49 App.:1403(h).
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49 App.:1655(c)(1).
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In subsections (a)–(c)(1), the word “Administrator” in section 603 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 776) is retained on authority of 49:106(g).
In subsection (a)(1), the text of 49 App.:1423(a)(2) (1st sentence 1st–16th words) and the words “in regulations” are omitted as surplus. The words “properly designed and manufactured, performs properly” are substituted for “of proper design, material, specification, construction, and performance for safe operation” to eliminate unnecessary words. The word “rules” is omitted as being synonymous with “regulations”. The words “under section 44701(a) of this title” and “for a type certificate” are added for clarity. The words “including flight tests and tests of raw materials or any part or appurtenance of such aircraft, aircraft engine, propeller, or appliance” are omitted as surplus.
In subsection (a)(2)(A), the words “issuance of” are omitted as surplus.
In subsection (a)(2)(B), the words “the duration thereof and such other” are omitted as surplus. The words “conditions, and limitations” are omitted as being included in “terms”.
In subsection (a)(2)(C), the words “issued for aircraft, aircraft engines, or propellers” and “all of” are omitted as surplus. The word “specification” is substituted for “determination” for clarity.
In subsection (b), the word “satisfactorily” is omitted as surplus. The words “shall inspect, and may require testing of, a duplicate to ensure that it conforms to the requirements of the certificate” are substituted for “shall make such inspection and may require such tests of any aircraft, aircraft engine, propeller, or appliance manufactured under a production certificate as may be necessary to assure manufacture of each unit in conformity with the type certificate or any amendment or modification thereof” to eliminate unnecessary words. The words “the duration thereof and such other . . . conditions, and limitations” are omitted as surplus.
In subsection (c)(1), the words “may apply to” are substituted for “may file with . . . an application” to eliminate unnecessary words. The words “in accordance with regulations prescribed by the Secretary of Transportation” are omitted because of 49:322(a). The words “the duration of such certificate, the type of service for which the aircraft may be used, and such other . . . conditions, and limitations” are omitted as surplus.
In subsection (c)(2), the words “having a property interest” are substituted for “who are holders of property interests” to eliminate unnecessary words.
References in Text
The date of enactment of this subsection, referred to in subsec. (g)(1)(A), is the date of enactment of Pub. L. 116–260, which was approved Dec. 27, 2020.
Amendments
2020—Subsec. (a)(6). Pub. L. 116–260, § 110(b), struck out par. (6) which related to type certification resolution process.
Subsec. (d)(3). Pub. L. 116–260, § 120, added par. (3).
Subsec. (e). Pub. L. 116–260, § 105(a), added subsec. (e) and struck out former subsec. (e) which related to design and production organization certificates.
Subsec. (f). Pub. L. 116–260, § 105(b), added subsec. (f).
Subsec. (g). Pub. L. 116–260, § 110(a), added subsec. (g).
2018—Pub. L. 115–254, § 214(b), substituted “airworthiness certificates,” for “airworthiness certificates,,” in section catchline.
Subsec. (a)(6). Pub. L. 115–254, § 214(a), added par. (6).
2012—Pub. L. 112–95, § 303(c)(1), substituted “, and design and production organization certificates” for “and design organization certificates” in section catchline.
Subsec. (a)(5). Pub. L. 112–95, § 302, added par. (5).
Subsec. (e). Pub. L. 112–95, § 303(a), amended subsec. (e) generally. Prior to amendment, subsec. (e) related to design organization certificates.
2005—Subsec. (a)(1) to (3). Pub. L. 109–59, § 4405(1)–(3), (5), (6), inserted par. headings, realigned margins, and substituted “Except as provided in paragraph (4), if” for “If” in par. (3).
Subsec. (a)(4). Pub. L. 109–59, § 4405(4), added par. (4).
2003—Pub. L. 108–176, § 227(e)(1), added section catchline and struck out former section catchline which read as follows: “Type certificates, production certificates, and airworthiness certificates”.
Subsec. (a)(3). Pub. L. 108–176, § 811, added par. (3).
Subsec. (e). Pub. L. 108–176, § 227(b)(2), added subsec. (e).
1996—Subsecs. (b) to (d). Pub. L. 104–264 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Required Submission of Outline of System Changes at the Beginning of the Certification Process
Pub. L. 116–260, div. V, title I, § 105(c), Dec. 27, 2020, 134 Stat. 2319, provided that:
“(1) In general.—
Not later than 180 days after the date of enactment of this title [
Dec. 27, 2020], the Administrator shall initiate a process to revise procedures to require an applicant for an amendment to a
type certificate for a transport category
aircraft to disclose to the Administrator, in a single document submitted at the beginning of the process for amending such certificate, all new systems and intended changes to existing systems then known to such applicant. The Administrator shall finalize the revision of such procedures not later than 18 months after initiating such process.
“(2) Application.—
Compliance with the procedures revised pursuant to paragraph (1) shall not preclude an applicant from making additional changes to
aircraft systems as the design and application process proceeds.
[For definitions of “Administrator” and “type certificate” as used in section 105(c) of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]
Integrated Project Teams
Pub. L. 116–260, div. V, title I, § 108, Dec. 27, 2020, 134 Stat. 2326, provided that:
“(a) In General.—
Upon receipt of an application for a
type certificate for a transport category airplane, the Administrator shall convene an interdisciplinary integrated project team responsible for coordinating review and providing advice and recommendations, as appropriate, to the Administrator on such application.
“(b) Membership.—In convening an interdisciplinary integrated project team under subsection (a), the Administrator shall appoint employees of the Administration or other Federal agencies, such as the Air Force, Volpe National Transportation Systems Center, or the National Aeronautics and Space Administration (with the concurrence of the head of such other Federal agency), with specialized expertise and experience in the fields of engineering, systems design, human factors, and pilot training, including, at a minimum—
“(1)
not less than 1 designee of the Associate Administrator for Aviation Safety whose duty station is in the Administration’s headquarters;
“(2)
representatives of the
Aircraft Certification Service of the Administration;
“(3)
representatives of the Flight Standards Service of the Administration;
“(4)
experts in the fields of human factors, aerodynamics, flight controls, software, and systems design; and
“(5)
any other subject matter expert whom the Administrator determines appropriate.
“(c) Availability.—
In order to carry out its duties with respect to the areas specified in subsection (d), a project team shall be available to the Administrator, upon request, at any time during the certification process.
“(d) Duties.—A project team shall advise the Administrator and make written recommendations to the Administrator, to be retained in the certification project file, including recommendations for any plans, analyses, assessments, and reports required to support and document the certification project, in the following areas associated with a new technology or novel design:
“(1)
Initial review of design proposals proposed by the applicant and the establishment of the certification basis.
“(2)
Identification of new technology, novel design, or safety critical design features or systems that are potentially catastrophic, either alone or in combination with another failure.
“(3)
Determination of compliance findings, system safety assessments, and safety critical functions the Administration should retain in terms of new technology, novel design, or safety critical design features or systems.
“(4)
Evaluation of the Administration’s expertise or experience necessary to support the project.
“(5)
Review and evaluation of an applicant’s request for exceptions or exemptions from compliance with airworthiness standards codified in title 14 of the Code of Federal Regulations, as in effect on the date of application for the change.
“(6)
Conduct of design reviews, procedure evaluations, and training evaluations.
“(7)
Review of the applicant’s final design documentation and other data to evaluate compliance with all relevant Administration regulations.
“(e) Documentation of FAA Response.—
The Administrator shall provide a written response to each recommendation of each project team and shall retain such response in the certification project file.
“(f) Report.—
Not later than 1 year after the date of enactment of this section [Dec. 27, 2020], and annually thereafter through fiscal year 2023, the Administrator shall submit to the congressional committees of jurisdiction a report on the establishment of each integrated project team in accordance with this section during such fiscal year, including the role and composition of each such project team.”
[For definitions of terms used in section 108 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]
Employment Restrictions: Disqualification Based on Prior Employment
Pub. L. 116–260, div. V, title I, § 111(a), Dec. 27, 2020, 134 Stat. 2330, provided that:
“An employee of the [Federal Aviation] Administration with supervisory responsibility may not direct, conduct, or otherwise participate in oversight of a holder of a certificate issued under
section 44704 of title 49,
United States Code, that previously employed such employee in the preceding 1-year period.”
System Safety Assessments and Other Requirements
Pub. L. 116–260, div. V, title I, § 115, Dec. 27, 2020, 134 Stat. 2333, provided that:
“(a) In General.—
Not later than 2 years after the date of enactment of this title [
Dec. 27, 2020], the Administrator shall issue such regulations as are necessary to amend
part 25 of title 14, Code of Federal Regulations, and any associated advisory circular, guidance, or policy of the Administration, in accordance with this section.
“(b) System Safety Assessments and Other Requirements.—In developing regulations under subsection (a), the Administrator shall—
“(1) require an applicant for an amended type certificate for a transport airplane to—
“(A)
perform a system safety assessment with respect to each proposed design change that the Administrator determines is significant, with such assessment considering the airplane-level effects of individual errors, malfunctions, or failures and realistic pilot response times to such errors, malfunctions, or failures;
“(B)
update such assessment to account for each subsequent proposed design change that the Administrator determines is significant;
“(C)
provide appropriate employees of the Administration with the data and assumptions underlying each assessment and amended assessment; and
“(D)
provide for document traceability and clarity of explanations for changes to
aircraft type designs and system safety assessment certification documents; and
“(2)
work with other civil aviation authorities representing states of design to ensure such regulations remain harmonized internationally.
“(c) Guidance.—Guidance or an advisory circular issued under subsection (a) shall, at minimum—
“(1)
emphasize the importance of clear documentation of the technical details and failure modes and effects of a design change described in subsection (b)(1); and
“(2)
ensure appropriate review of any change that results in a functional hazard assessment classification of major or greater, as such term is defined in FAA Advisory Circular 25.1309-1A (or any successor or replacement document).
“(d) FAA Review.—
Appropriate employees of the
Aircraft Certification Service and the Flight Standards Service of the Administration shall review each system safety assessment required under subsection (b)(1)(A), updated assessment required under subsection (b)(1)(B), and supporting data and assumptions required under subsection (b)(1)(C), to ensure that each such assessment sufficiently addresses the considerations listed in subsection (b)(1)(A).”
[For definitions of terms used in section 115 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]
Flight Crew Alerting
Pub. L. 116–260, div. V, title I, § 116, Dec. 27, 2020, 134 Stat. 2334, provided that:
“(a) In General.—
Not later than 1 year after the date of enactment of this title [Dec. 27, 2020], the Administrator shall implement National Transportation Safety Board recommendations A–19–11 and A–19–12 (as contained in the safety recommendation report adopted on September 9, 2019).
“(b) Prohibition.—Beginning on the date that is 2 years after the date of enactment of this title, the Administrator may not issue a type certificate for a transport category aircraft unless—
“(1)
in the case of a
transport airplane, such airplane incorporates a flight crew alerting system that, at a minimum, displays and differentiates among warnings, cautions, and advisories, and includes functions to assist the flight crew in prioritizing corrective actions and responding to systems failures; or
“(2)
in the case of a transport category
aircraft other than a
transport airplane, the
type certificate applicant provides a means acceptable to the Administrator to assist the flight crew in prioritizing corrective actions and responding to systems failures (including by cockpit or flight manual procedures).
“(c) Existing Airplane Designs.—
It is the sense of Congress that the FAA shall ensure that any system safety assessment with respect to the Boeing 737-7, 737-8, 737-9, and 737-10 airplanes, as described in National Transportation Safety Board recommendation A-19-10, is conducted in accordance with such recommendation.”
[For definitions of terms used in section 116 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]
Changed Product Rule
Pub. L. 116–260, div. V, title I, § 117, Dec. 27, 2020, 134 Stat. 2335, provided that:
“(a) Review and Reevaluation of Amended Type Certificates.—
“(1) International leadership.—
The Administrator shall exercise leadership in the creation of international policies and standards relating to the issuance of amended
type certificates within the Certification Management Team.
“(2) Reevaluation of amended type certificates.—In carrying out this subsection, the Administrator shall—
“(A)
encourage Certification Management Team members to examine and address any relevant covered recommendations (as defined in section 121(c) [
134 Stat. 2344]) relating to the issuance of amended
type certificates;
“(B)
reevaluate existing assumptions and practices inherent in the amended
type certificate process and assess whether such assumptions and practices are valid; and
“(C)
ensure, to the greatest extent practicable, that Federal regulations relating to the issuance of amended
type certificates are harmonized with the regulations of other international states of design.
“(b) Amended Type Certificate Report and Rulemaking.—
“(1) Briefings.—
Not later than 12 months after the date of enactment of this title [Dec. 27, 2020], and annually thereafter through fiscal year 2023, the Administrator shall brief the congressional committees of jurisdiction on the work and status of the development of such recommendations by the Certification Management Team.
“(2) Initiation of action.—Not later than 2 years after the date of enactment of this title, the Administrator shall take action to revise and improve the process of issuing amended type certificates in accordance with this section. Such action shall include, at minimum—
“(A)
initiation of a rulemaking proceeding; and
“(B)
development or revision of guidance and training materials.
“(3) Contents.—In taking actions required under paragraph (2), the Administrator shall do the following:
“(A)
Ensure that proposed changes to an
aircraft are evaluated from an integrated whole
aircraft system perspective that examines the integration of proposed changes with existing systems and associated impacts.
“(B)
Define key terms used for the changed product process under sections 21.19 and
21.101 of title 14, Code of Federal Regulations.
“(C) Consider—
“(i)
the findings and work of the Certification Management Team and other similar international harmonization efforts;
“(ii)
any relevant covered recommendations (as defined in section 121(c) [
134 Stat. 2344]); and
“(iii)
whether a fixed time beyond which a
type certificate may not be amended would improve aviation safety.
“(D) Establish the extent to which the following design characteristics should preclude the issuance of an amended type certificate:
“(i)
A new or revised flight control system.
“(ii)
Any substantial changes to aerodynamic stability resulting from a physical change that may require a new or modified software system or control law in order to produce positive and acceptable stability and handling qualities.
“(iii)
A flight control system or augmented software to maintain aerodynamic stability in any portion of the flight envelope that was not required for a previously certified derivative.
“(iv)
A change in structural components (other than a stretch or shrink of the fuselage) that results in a change in structural load paths or the magnitude of structural loads attributed to flight maneuvers or cabin pressurization.
“(v)
A novel or unusual system, component, or other feature whose failure would present a hazardous or catastrophic risk.
“(E)
Develop objective criteria for helping to determine what constitutes a substantial change and a significant change.
“(F)
Implement mandatory
aircraft-level reviews throughout the certification process to validate the certification basis and assumptions.
“(G)
Require maintenance of relevant records of agreements between the FAA and an applicant that affect certification documentation and deliverables.
“(H)
Ensure appropriate documentation of any exception or exemption from airworthiness requirements codified in title 14 of the Code of Federal Regulations, as in effect on the date of application for the change.
“(4) Guidance materials.—The Administrator shall consider the following when developing orders and regulatory guidance, including advisory circulars, where appropriate:
“(A)
Early FAA involvement and feedback paths in the
aircraft certification process to ensure the FAA is aware of changes to design assumptions and product design impacting a changed product assessment.
“(B)
Presentation to the FAA of new technology, novel design, or safety critical features or systems, initially and throughout the certification process, when development and certification prompt design or compliance method revision.
“(C)
Examples of key terms used for the changed product process under sections 21.19 and
21.101 of title 14, Code of Federal Regulations.
“(D)
Type certificate data sheet improvements to accurately state which regulations and amendment level the
aircraft complies to and when compliance is limited to a subset of the
aircraft.
“(E)
Policies to guide applicants on proper visibility, clarity, and consistency of key design and compliance information that is submitted for certification, particularly with new design features.
“(F)
The creation, validation, and implementation of analytical tools appropriate for the analysis of complex system for the FAA and applicants.
“(G)
Early coordination processes with the FAA for the functional hazard assessments validation and preliminary system safety assessments review.
“(5) Training materials.—The Administrator shall—
“(A)
develop training materials for establishing the certification basis for changed aeronautical products pursuant to
section 21.101 of title 14, Code of Federal Regulations, applications for a new
type certificate pursuant to section 21.19 of such title, and the regulatory guidance developed as a result of the rulemaking conducted pursuant to paragraph (2); and
“(B)
procedures for disseminating such materials to implementing personnel of the FAA, designees, and applicants.
“(6) Certification management team defined.—
In this section, the term ‘Certification Management Team’ means the team framework under which the FAA, the European Aviation Safety Agency, the Transport Canada Civil Aviation, and the National Civil Aviation Agency of Brazil, manage the technical, policy, certification, manufacturing, export, and continued airworthiness issues common among the 4 authorities.
“(7) Deadline.—
The Administrator shall finalize the actions initiated under paragraph (2) not later than 3 years after the date of enactment of this title.
“(c) International Leadership.—
The Administrator shall exercise leadership within the ICAO and among other civil aviation regulators representing states of
aircraft design to advocate for the adoption of an amended changed product rule on a global basis, consistent with ICAO standards.”
[For definitions of terms used in section 117 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]
Expert Safety Review
Pub. L. 116–260, div. V, title I, § 119(c), Dec. 27, 2020, 134 Stat. 2339, provided that:
“(1) In general.—
Not later than 30 days after the date of enactment of this title [
Dec. 27, 2020], the Administrator shall initiate an expert safety review of assumptions relied upon by the Administration and manufacturers of transport category
aircraft in the design and certification of such
aircraft.
“(2) Contents.—The expert safety review required under paragraph (1) shall include—
“(A)
a review of Administration regulations, guidance, and directives related to pilot response assumptions relied upon by the FAA and manufacturers of transport category
aircraft in the design and certification of such
aircraft, and human factors and human system integration, particularly those related to pilot and
aircraft interfaces;
“(B)
a focused review of the assumptions relied on regarding the time for pilot responses to non-normal conditions in designing such
aircraft’s systems and instrumentation, including responses to safety-significant failure conditions and failure scenarios that trigger multiple, and possibly conflicting, warnings and alerts;
“(C)
a review of human factors assumptions with applicable operational data, human factors research and the input of human factors experts and FAA operational data, and as appropriate, recommendations for modifications to existing assumptions;
“(D)
a review of revisions made to the
airman certification standards for certificates over the last 4 years, including any possible effects on pilot competency in basic manual flying skills;
“(E)
consideration of the global nature of the aviation marketplace, varying levels of pilot competency, and differences in pilot training programs worldwide;
“(F)
a process for aviation stakeholders, including pilots, airlines, inspectors, engineers, test pilots, human factors experts, and other aviation safety experts, to provide and discuss any observations, feedback, and best practices;
“(G)
a review of processes currently in place to ensure that when carrying out the certification of a new
aircraft type, or an amended type, the cumulative effects that new technologies, and the interaction between new technologies and unchanged systems for an amended
type certificate, may have on pilot interactions with
aircraft systems are properly assessed through system safety assessments or otherwise; and
“(H)
a review of processes currently in place to account for any necessary adjustments to system safety assessments, pilot procedures and training requirements, or design requirements when there are changes to the assumptions relied upon by the Administration and manufacturers of transport category
aircraft in the design and certification of such
aircraft.
“(3) Report and recommendations.—
Not later than 30 days after the conclusion of the expert safety review pursuant to paragraph (1), the Administrator shall submit to the congressional committees of jurisdiction a report on the results of the review, including any recommendations for actions or best practices to ensure the FAA and the manufacturers of transport category
aircraft have accounted for pilot response assumptions to be relied upon in the design and certification of transport category
aircraft and tools or methods identified to better integrate human factors throughout the process for such certification.
“(4) International engagement.—
The Administrator shall notify other international regulators that certify transport category
aircraft type designs of the expert panel report and encourage them to review the report and evaluate their regulations and processes in light of the recommendations included in the report.
“(5) Termination.—
The expert safety review shall end upon submission of the report required pursuant to paragraph (3).
“(6) Regulations.—
The Administrator shall issue or update such regulations as are necessary to implement the recommendations of the expert safety review that the Administrator determines are necessary to improve aviation safety.”
[For definitions of terms used in section 119(c) of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]
Human Factors Research
Pub. L. 116–260, div. V, title I, § 126, Dec. 27, 2020, 134 Stat. 2347, provided that:
“(a) Human Factors.—
Not later than 180 days after the date of enactment of this title [
Dec. 27, 2020], the Administrator, in consultation with
aircraft manufacturers, operators, and pilots, and in coordination with the head of such other Federal agency that the Administrator determines appropriate, shall develop research requirements to address the integration of human factors in the design and certification of
aircraft that are intended for use in
air transportation.
“(b) Requirements.—In developing such research requirements, the Administrator shall—
“(1)
establish goals for research in areas of study relevant to advancing technology, improving design engineering and certification practices, and facilitating better understanding of human factors concepts in the context of the growing development and reliance on automated or complex flight deck systems in
aircraft operations, including the development of tools to validate pilot recognition and response assumptions and diagnostic tools to improve the clarity of failure indications presented to pilots;
“(2)
take into consideration and leverage any existing or planned research that is conducted by, or conducted in partnership with, the FAA; and
“(3) focus on—
“(A)
preventing a recurrence of the types of accidents that have involved transport category airplanes designed and manufactured in the
United States; and
“(B)
increasingly complex
aircraft systems and designs.
“(c) Implementation.—
In implementing the research requirements developed under this section, the Administrator shall work with appropriate organizations and authorities with expertise including, to the maximum extent practicable, the Center of Excellence for Technical Training and Human Performance and the Center of Excellence developed or expanded pursuant to section 127 [set out as a note under
section 44513 of this title].
“(d) Authorization of Appropriations.—
There is authorized to be appropriated to the Administrator $7,500,000 for each of fiscal years 2021 through 2023, out of funds made available under
section 48102(a) of title 49,
United States Code, to carry out this section.”
[For definitions of terms used in section 126 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]
Pilot Operational Evaluations
Pub. L. 116–260, div. V, title I, § 128, Dec. 27, 2020, 134 Stat. 2349, provided that:
“(a) Pilot Operational Evaluations.—
Not later than 1 year after the date of enactment of this title [
Dec. 27, 2020], the Administrator shall revise existing policies for manufacturers of
transport airplanes to ensure that pilot operational evaluations for airplane types that are submitted for certification utilize pilots from
air carriers that are expected to operate such airplanes.
“(b) Requirement.—
Such manufacturer shall ensure, to the satisfaction of the Administrator, that the
air carrier and
foreign air carrier pilots used for such evaluations include pilots of varying levels of experience.”
[For definitions of terms used in section 128 of div. V of Pub. L. 116–260, set out above, see section 137 of div. V of Pub. L. 116–260, set out as a note under section 40101 of this title.]
Securing Aircraft Avionics Systems
Pub. L. 115–254, div. B, title V, § 506, Oct. 5, 2018, 132 Stat. 3354, provided that:
“(a) In General.—The Administrator [of the Federal Aviation Administration] shall consider, where appropriate, revising Federal Aviation Administration regulations regarding airworthiness certification—
“(1)
to address cybersecurity for avionics systems, including software components; and
“(2)
to require that
aircraft avionics systems used for flight guidance or
aircraft control be secured against unauthorized access via passenger in-flight entertainment systems through such means as the Administrator determines appropriate to protect the avionics systems from unauthorized external and internal access.
“(b) Consideration.—
In carrying out subsection (a), the Administrator shall consider the recommendations of the
Aircraft Systems Information Security Protection Working Group under section 2111 of the FAA Extension Safety and Security Act of 2016 (
Public Law 114–190;
130 Stat. 615 [625]) [
49 U.S.C. 44903 note].”
Small Airplane Revitalization
Pub. L. 113–53, Nov. 27, 2013, 127 Stat. 584, provided that:
“SECTION 1. SHORT TITLE.
“This Act may be cited as the ‘Small Airplane Revitalization Act of 2013’.
“SEC. 2. FINDINGS.“Congress makes the following findings:
“(1)
A healthy small
aircraft industry is integral to economic growth and to maintaining an effective transportation infrastructure for communities and countries around the world.
“(2)
Small airplanes comprise nearly 90 percent of general aviation
aircraft certified by the
Federal Aviation Administration.
“(3)
General aviation provides for the cultivation of a workforce of engineers, manufacturing and maintenance professionals, and pilots who secure the economic success and defense of the
United States.
“(4)
General aviation contributes to well-paying jobs in the manufacturing and technology sectors in the
United States and products produced by those sectors are exported in great numbers.
“(5)
Technology developed and proven in general aviation aids in the success and safety of all sectors of aviation and scientific competence.
“(6)
The average small airplane in the
United States is now 40 years old and the regulatory barriers to bringing new designs to the market are resulting in a lack of innovation and investment in small airplane design.
“(7)
Since 2003, the
United States lost 10,000 active private pilots per year on average, partially due to a lack of cost-effective, new small airplanes.
“(8)
General aviation safety can be improved by modernizing and revamping the regulations relating to small airplanes to clear the path for technology adoption and cost-effective means to retrofit the existing fleet with new safety technologies.
“SEC. 3. SAFETY AND REGULATORY IMPROVEMENTS FOR GENERAL AVIATION.
“(a) In General.—Not later than December 15, 2015, the Administrator of the Federal Aviation Administration shall issue a final rule—
“(1)
to advance the safety and continued development of small airplanes by reorganizing the certification requirements for such airplanes under
part 23 to streamline the approval of safety advancements; and
“(2)
that meets the objectives described in subsection (b).
“(b) Objectives Described.—The objectives described in this subsection are based on the recommendations of the Part 23 Reorganization Aviation Rulemaking Committee:
“(1)
The establishment of a regulatory regime for small airplanes that will improve safety and reduce the regulatory cost burden for the Federal Aviation Administration and the aviation industry.
“(2)
The establishment of broad, outcome-driven safety objectives that will spur innovation and technology adoption.
“(3)
The replacement of current, prescriptive requirements under
part 23 with performance-based regulations.
“(4)
The use of consensus standards accepted by the
Federal Aviation Administration to clarify how the safety objectives of
part 23 may be met using specific designs and technologies.
“(c) Consensus-Based Standards.—
In prescribing regulations under this section, the Administrator shall use consensus standards, as described in section 12(d) of the National Technology Transfer and Advancement Act of 1996 [1995] (
15 U.S.C. 272 note), to the extent practicable while continuing traditional methods for meeting part 23.
“(d) Safety Cooperation.—
The Administrator shall lead the effort to improve general aviation safety by working with leading aviation regulators to assist them in adopting a complementary regulatory approach for small airplanes.
“(e) Definitions.—In this section:
“(1) Consensus standards.—
“(A) In general.—
The term ‘consensus standards’ means standards developed by an organization described in subparagraph (B) that may include provisions requiring that owners of relevant intellectual property have agreed to make that intellectual property available on a nondiscriminatory, royalty-free, or reasonable royalty basis to all interested
persons.
“(B) Organizations described.—An organization described in this subparagraph is a domestic or international organization that—
“(i)
plans, develops, establishes, or coordinates, through a process based on consensus and using agreed-upon procedures, voluntary standards; and
“(ii)
operates in a transparent manner, considers a balanced set of interests with respect to such standards, and provides for due process and an appeals process with respect to such standards.
“(2) Part 23.—
The term ‘part 23’ means
part 23 of title 14, Code of Federal Regulations.
“(3) Part 23 reorganization aviation rulemaking committee.—
The term ‘Part 23 Reorganization Aviation Rulemaking Committee’ means the aviation rulemaking committee established by the Federal Aviation Administration in August 2011 to consider the reorganization of the regulations under part 23.
“(4) Small airplane.—
The term ‘small airplane’ means an airplane which is certified to
part 23 standards.”
Applicability
Pub. L. 112–95, title III, § 303(b), Feb. 14, 2012, 126 Stat. 57, provided that:
“Before
January 1, 2013, the Administrator of the
Federal Aviation Administration may continue to issue certificates under
section 44704(e) of title 49,
United States Code, as in effect on the day before the date of enactment of this Act [
Feb. 14, 2012].”
Aircraft Certification Process Review and Reform
Pub. L. 112–95, title III, § 312, Feb. 14, 2012, 126 Stat. 66, provided that:
“(a) In General.—
The Administrator of the
Federal Aviation Administration, in consultation with representatives of the aviation industry, shall conduct an assessment of the certification and approval process under
section 44704 of title 49,
United States Code.
“(b) Contents.—In conducting the assessment, the Administrator shall consider—
“(1)
the expected number of applications for product certifications and approvals the Administrator will receive under section 44704 of such title in the 1-year, 5-year, and 10-year periods following the date of enactment of this Act [Feb. 14, 2012];
“(2)
process reforms and improvements necessary to allow the Administrator to review and approve the applications in a fair and timely fashion;
“(3)
the status of recommendations made in previous reports on the Administration’s certification process;
“(4)
methods for enhancing the effective use of delegation systems, including organizational designation authorization;
“(5)
methods for training the Administration’s field office employees in the safety management system and auditing; and
“(6)
the status of updating airworthiness requirements, including implementing recommendations in the Administration’s report entitled ‘
Part 23—Small Airplane Certification Process Study’ (OK–09–3468, dated July 2009).
“(c) Recommendations.—
In conducting the assessment, the Administrator shall make recommendations to improve efficiency and reduce costs through streamlining and reengineering the certification process under section 44704 of such title to ensure that the Administrator can conduct certifications and approvals under such section in a manner that supports and enables the development of new products and technologies and the global competitiveness of the
United States aviation industry.
“(d) Report to Congress.—
Not later than 180 days after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the assessment, together with an explanation of how the Administrator will implement recommendations made under subsection (c) and measure the effectiveness of the recommendations.
“(e) Implementation of Recommendations.—
Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator shall begin to implement the recommendations made under subsection (c).”
Historical Aircraft Documents
Pub. L. 112–95, title VIII, § 816, Feb. 14, 2012, 126 Stat. 126, provided that:
“(a) Preservation of Documents.—
“(1) In general.—The Administrator of the Federal Aviation Administration shall take such actions as the Administrator determines necessary to preserve original aircraft type certificate engineering and technical data in the possession of the Federal Aviation Administration related to—
“(2) Revision of order.—
Not later than 3 years after the date of enactment of this Act [
Feb. 14, 2012], the Administrator shall revise FAA Order 1350.15C, Item Number 8110. Such revision shall prohibit the destruction of the historical
aircraft documents identified in paragraph (1).
“(3) Consultation.—
The Administrator may carry out paragraph (1) in consultation with the Archivist of the
United States and the Administrator of General Services.
“(b) Availability of Documents.—
“(1) Freedom of information act requests.—The Administrator shall make the documents to be preserved under subsection (a)(1) available to a person—
“(B)
subject to a prohibition on use of the documents for commercial purposes.
“(2) Trade secrets, commercial, and financial information.—
Section 552(b)(4) of such title shall not apply to requests for documents to be made available pursuant to paragraph (1).
“(c) Holder of Type Certificate.—
“(1) Rights of holder.—
Nothing in this section shall affect the rights of a holder or owner of a
type certificate identified in subsection (a)(1), nor require the holder or owner to provide, surrender, or preserve any original or duplicate engineering or technical data to or for the
Federal Aviation Administration, a
person, or the public.
“(2) Liability.—
There shall be no liability on the part of, and no cause of action of any nature shall arise against, a holder of a
type certificate, its authorized representative, its agents, or its employees, or any firm,
person, corporation, or insurer related to the
type certificate data and documents identified in subsection (a)(1).
“(3) Airworthiness.—
Notwithstanding any other provision of law, the holder of a
type certificate identified in subsection (a)(1) shall only be responsible for
Federal Aviation Administration regulation requirements related to
type certificate data and documents identified in subsection (a)(1) for
aircraft having a standard airworthiness certificate issued prior to the date the documents are released to a
person by the
Federal Aviation Administration under subsection (b)(1).”
Plan for Development and Oversight of System for Certification of Design Organizations
Pub. L. 108–176, title II, § 227(b)(1), Dec. 12, 2003, 117 Stat. 2531, provided that:
“Not later than 4 years after the date of enactment of this Act [
Dec. 12, 2003], the Administrator of the
Federal Aviation Administration shall transmit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and Transportation of the
Senate a plan for the development and oversight of a system for certification of design organizations to certify compliance with the requirements and minimum standards prescribed under
section 44701(a) of title 49,
United States Code, for the type certification of
aircraft, aircraft engines, propellers, or
appliances.”
