(a)
(1)
(2)
(A) specify in regulations those appliances that reasonably require a type certificate in the interest of safety;
(B) include in a type certificate terms required in the interest of safety; and
(C) record on the certificate a numerical specification of the essential factors related to the performance of the aircraft, aircraft engine, or propeller for which the certificate is issued.
(3)
(4)
(5)
(A)
(i) the certificate containing the requested data has been inactive for 3 or more years, except that the Administrator may reduce this time if required to address an unsafe condition associated with the product;
(ii) after using due diligence, the Administrator is unable to find the owner of record, or the owner of record's heir, of the type certificate or supplemental type certificate; and
(iii) making such data available will enhance aviation safety.
(B)
(C)
(b)
(1)
(2)
(3)
(c)
(d)
(2) A person applying for the issuance or renewal of an airworthiness certificate for an aircraft for which ownership has not been recorded under section 44107 or 44110 of this title must submit with the application information related to the ownership of the aircraft the Administrator decides is necessary to identify each person having a property interest in the aircraft and the kind and extent of the interest.
(3)
(A)
(B)
(C)
(i) the nature, circumstances, extent, and gravity of the violation, including the length of time the nonconformity was known by the holder of a production certificate but not disclosed; and
(ii) with respect to the violator, the degree of culpability, any history of prior violations, and the size of the business concern.
(D)
(e)
(1)
(A) any design and operational details, intended functions, and failure modes of any system that, without being commanded by the flight crew, commands the operation of any safety critical function or feature required for control of an airplane during flight or that otherwise changes the flight path or airspeed of an airplane;
(B) the design and operational details, intended functions, failure modes, and mode annunciations of autopilot and autothrottle systems, if applicable;
(C) any failure or operating condition that the applicant or holder anticipates or has concluded would result in an outcome with a severity level of hazardous or catastrophic, as defined in the appropriate Administration airworthiness requirements and guidance applicable to transport category airplanes defining risk severity;
(D) any adverse handling quality that fails to meet the requirements of applicable regulations without the addition of a software system to augment the flight controls of the airplane to produce compliant handling qualities; and
(E) a system safety assessment with respect to a system described in subparagraph (A) or (B) or with respect to any component or other system for which failure or erroneous operation of such component or system could result in an outcome with a severity level of hazardous or catastrophic, as defined in the appropriate Administration airworthiness requirements and guidance applicable to transport category airplanes defining risk severity.
(2)
(A)
(B)
(3)
(4)
(A)
(B)
(i) the nature, circumstances, extent, and gravity of the violation, including the length of time that such safety critical information was known but not disclosed; and
(ii) with respect to the violator, the degree of culpability, any history of prior violations, and the size of the business concern.
(5)
(A)
(B)
(6)
(7)
(A) means a type certificate issued under subsection (a) or an amendment to such certificate; and
(B) does not include a supplemental type certificate issued under subsection (b).
(f)
(1) written notice of the violation and the amount of penalty; and
(2) the opportunity for a hearing under subpart G of part 13 of title 14, Code of Federal Regulations.
(g)
(1)
(A)
(i) an effective, timely, and milestone-based issue resolution process for type certification activities under subsection (a); and
(ii) a process by which a decision, finding of compliance or noncompliance, or other act of the Administration, with respect to compliance with design requirements, may be appealed by a covered person directly involved with the certification activities in dispute on the basis that such decision, finding, or act is erroneous or inconsistent with this chapter, regulations, or guidance materials promulgated by the Administrator, or other requirements.
(B)
(i) resolution of technical issues at pre-established stages of the certification process, as agreed to by the Administrator and the type certificate applicant;
(ii) automatic elevation to appropriate management personnel of the Administration and the type certificate applicant of any major certification process milestone that is not completed or resolved within a specific period of time agreed to by the Administrator and the type certificate applicant;
(iii) resolution of a major certification process milestone elevated pursuant to clause (ii) within a specific period of time agreed to by the Administrator and the type certificate applicant;
(iv) initial review by appropriate Administration employees of any appeal described in subparagraph (A)(ii); and
(v) subsequent review of any further appeal by appropriate management personnel of the Administration and the Associate Administrator for Aviation Safety.
(C)
(i)
(I) each appeal submitted under subparagraph (A)(ii); and
(II) An appeal to the Associate Administrator submitted under subparagraph (B)(v).
(ii)
(D)
(i)
(ii)
(iii)
(2)
(A)
(B)
(3)
(A)
(i) an employee of the Administration whose responsibilities relate to the certification of aircraft, engines, propellers, or appliances; or
(ii) an applicant for, or holder of, a type certificate or amended type certificate issued under this section.
(B)
(i) The Executive Director or any Deputy Director of the Aircraft Certification Service.
(ii) The Deputy Executive Director for Regulatory Operations of the Aircraft Certification Service.
(iii) The Director or Deputy Director of the Compliance and Airworthiness Division of the Aircraft Certification Service.
(iv) The Director or Deputy Director of the System Oversight Division of the Aircraft Certification Service.
(v) The Director or Deputy Director of the Policy and Innovation Division of the Aircraft Certification Service.
(vi) The Executive Director or any Deputy Executive Director of the Flight Standards Service.
(vii) The Associate Administrator or Deputy Associate Administrator for Aviation Safety.
(viii) The Deputy Administrator of the Federal Aviation Administration.
(ix) The Administrator of the Federal Aviation Administration.
(x) Any similarly situated or successor FAA management position to those described in clauses (i) through (ix), as determined by the Administrator.
(C)
(4)
(A) gross misconduct;
(B) a violation of title 18; or
(C) a violation of any of the provisions of part 2635 or 6001 of title 5, Code of Federal Regulations.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1188; Pub. L. 104–264, title IV, §403, Oct. 9, 1996, 110 Stat. 3256; Pub. L. 108–176, title II, §227(b)(2), (e)(1), title VIII, §811, Dec. 12, 2003, 117 Stat. 2531, 2532, 2590; Pub. L. 109–59, title IV, §4405, Aug. 10, 2005, 119 Stat. 1776; Pub. L. 112–95, title III, §§302, 303(a), (c)(1), Feb. 14, 2012, 126 Stat. 56, 57; Pub. L. 115–254, div. B, title II, §214, Oct. 5, 2018, 132 Stat. 3250; Pub. L. 116–260, div. V, title I, §§105(a), (b), 110, 120, Dec. 27, 2020, 134 Stat. 2317, 2328, 2343.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
44704(a)(1) | 49 App.:1423(a)(2) (1st–4th sentences). | 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. |
49 App.:1655(c)(1). | 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. | |
44704(a)(2) | 49 App.:1423(a)(1) (related to regulations for appliances), (2) (5th, last sentences). | |
49 App.:1655(c)(1). | ||
44704(b) | 49 App.:1423(b) (related to basis for issuing, and contents of, certificates). | |
49 App.:1655(c)(1). | ||
44704(c)(1) | 49 App.:1423(c) (related to basis for issuing, and contents of, certificates). | |
49 App.:1655(c)(1). | ||
44704(c)(2) | 49 App.:1403(h). | |
49 App.:1655(c)(1). |
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.
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.
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.
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
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.
Pub. L. 116–260, div. V, title I, §105(c), Dec. 27, 2020, 134 Stat. 2319, provided that:
"(1)
"(2)
"(3)
[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.]
Pub. L. 116–260, div. V, title I, §108, Dec. 27, 2020, 134 Stat. 2326, provided that:
"(a)
"(b)
"(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)
"(d)
"(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)
"(f)
[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.]
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."
Pub. L. 116–260, div. V, title I, §115, Dec. 27, 2020, 134 Stat. 2333, provided that:
"(a)
"(b)
"(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)
"(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)
[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.]
Pub. L. 116–260, div. V, title I, §116, Dec. 27, 2020, 134 Stat. 2334, as amended by Pub. L. 117–328, div. O, title V, §501(b), Dec. 29, 2022, 136 Stat. 5231, provided that:
"(a)
"(b)
"(c)
[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.]
Pub. L. 116–260, div. V, title I, §117, Dec. 27, 2020, 134 Stat. 2335, provided that:
"(a)
"(1)
"(2)
"(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)
"(1)
"(2)
"(A) initiation of a rulemaking proceeding; and
"(B) development or revision of guidance and training materials.
"(3)
"(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)
"(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)
"(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)
"(7)
"(c)
[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.]
Pub. L. 116–260, div. V, title I, §119(c), Dec. 27, 2020, 134 Stat. 2339, provided that:
"(1)
"(2)
"(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)
"(4)
"(5)
"(6)
[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.]
Pub. L. 116–260, div. V, title I, §126, Dec. 27, 2020, 134 Stat. 2347, provided that:
"(a)
"(b)
"(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)
"(d)
[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.]
Pub. L. 116–260, div. V, title I, §128, Dec. 27, 2020, 134 Stat. 2349, provided that:
"(a)
"(b)
[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.]
Pub. L. 115–254, div. B, title V, §506, Oct. 5, 2018, 132 Stat. 3354, provided that:
"(a)
"(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)
Pub. L. 113–53, Nov. 27, 2013, 127 Stat. 584, provided that:
"This Act may be cited as the 'Small Airplane Revitalization Act of 2013'.
"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.
"(a)
"(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)
"(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)
"(d)
"(e)
"(1)
"(A)
"(B)
"(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)
"(3)
"(4)
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]."
Pub. L. 112–95, title III, §312, Feb. 14, 2012, 126 Stat. 66, provided that:
"(a)
"(b)
"(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)
"(d)
"(e)
Pub. L. 112–95, title VIII, §816, Feb. 14, 2012, 126 Stat. 126, provided that:
"(a)
"(1)
"(A) approved aircraft type certificate numbers ATC 1 through ATC 713; and
"(B) Group-2 approved aircraft type certificate numbers 2–1 through 2–544.
"(2)
"(3)
"(b)
"(1)
"(A) upon receipt of a request made by the person pursuant to section 552 of title 5, United States Code; and
"(B) subject to a prohibition on use of the documents for commercial purposes.
"(2)
"(c)
"(1)
"(2)
"(3)
Pub. L. 108–176, title II, §227(b)(1), Dec. 12, 2003, 117 Stat. 2531, provided that, not later than 4 years after Dec. 12, 2003, the Administrator of the Federal Aviation Administration was to transmit to Congress a plan for the development and oversight of a certification system of design organizations to ensure compliance with the requirements and minimum standards of section 44701(a) of this title.