[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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