[Federal Register Volume 90, Number 238 (Monday, December 15, 2025)]
[Notices]
[Pages 58076-58077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-22787]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2025-0799]
Implementation of Required Safety Enhancements on Boeing 737 MAX
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of implementation plan.
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SUMMARY: Section 501 of the Consolidated Appropriations Act, 2023
restricts the issuance of airworthiness certificates for, and the
operation of, Boeing 737 MAX aircraft unless certain safety
enhancements are incorporated. This Notice announces the Federal
Aviation Administration (FAA)'s plan for implementing and addressing
these requirements.
FOR FURTHER INFORMATION CONTACT: Tom Matzen, Manager, Aircraft
Evaluation Division's Air Carrier Branch, (AFS-110), 2200 S 216th St,
Des Moines, WA 98198-6547; email: [email protected] to the
attention of Tom Matzen.
SUPPLEMENTARY INFORMATION:
Background
Congress issued Section 501 of the Consolidated Appropriations Act,
2023, Public Law 117-328, (the 2022 amendment), which amended chapter
447 of Title 49, United States Code (49 U.S.C.) to add Sec. 44744,
Flight crew alerting. Sections 44744(a) and (b) prohibit the FAA from
issuing new or amended type certificates for transport category
airplanes for which the application was submitted on or after December
27, 2020, unless the design incorporates a flight crew alerting system
with certain functions. The FAA is taking other actions to address
Sections 44744(a) and (b).\1\
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\1\ See FAA Policy Statement AIR600-21-AIR-600-PM04-R2 available
at https://drs.faa.gov.
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Section 44744(d) defines the models that are considered to be
``Boeing 737
[[Page 58077]]
MAX'' aircraft. The Boeing Model 737-10 is one such model. The Boeing
737-10 is still a proposed design, not yet approved (type certificated)
by the FAA. Boeing has proposed to the FAA that the flight crew
alerting system for the Boeing 737-10 will include a synthetic enhanced
angle of attack system, and a means to shut off stall warning and
overspeed alerts.
Beginning one year after the FAA's approval of the type certificate
for the Boeing 737-10, section 44744(c)(1) prohibits the FAA from
issuing an original airworthiness certificate for a Boeing 737 MAX
aircraft, unless that aircraft's type design includes safety
enhancements. Section 44744(d) defines those enhancements as a
synthetic enhanced angle of attack system and a means to shut off stall
warning and overspeed alerts, or their equivalents.
Similarly, beginning three years after the FAA's type certification
of the Boeing 737-10, section 44744(c)(2) prohibits the operation of
any Boeing 737 MAX aircraft unless the type design for that aircraft
includes the aforementioned safety enhancements, and the individual
aircraft was produced or altered to be in conformance with that type
design. Due to the public interest in how the FAA plans to address
section 44744, the FAA announces the following implementation plan.
Implementation Plan
The FAA will implement Section 44744 of 49 U.S.C. via the following
actions:
1. Evaluate and, as appropriate, certify the proposed design of the
required safety enhancements as part of the type design of the Boeing
Model 737-10.
2. Evaluate and, as appropriate, certify the design changes that
would incorporate the required safety enhancements on all other models
of Boeing 737 MAX aircraft.
3. Monitor Boeing to ensure the company takes all actions necessary
to provide service information to operators of Boeing 737 MAX aircraft
in time to meet required deadlines.
4. Monitor operators to ensure that retrofit of in-service U.S-
registered Boeing 737 MAX aircraft is accomplished prior to the
required deadline.
Issued in Washington, DC.
Hugh J. Thomas,
Acting Executive Director, Flight Standards Service.
[FR Doc. 2025-22787 Filed 12-12-25; 8:45 am]
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