49 U.S.C. § 44741 — Approval of organization designation authorization unit members
submitted 6 years ago by Pub. L. 116-260 to r/title-49-TRANSPORTATION · 1,500 words · no verdicts yet
Starting in 2022, people joining an ODA unit that designs aircraft need FAA approval first. The FAA sets minimum qualifications and reviews applications within 30 days. The FAA can also revoke someone's approval at any time.
(a) In General. Starting January 1, 2022, anyone newly selected by an ODA holder that designs aircraft, aircraft engines, propellers, or appliances to become an ODA unit member performing a delegated function under section 44702(d) must (1) be an employee, contractor, or consultant of the ODA holder, or an employee of one of the holder's suppliers, and (2) get the Administrator's approval before joining the unit.
(b) Process and Timeline. (1) The Administrator must run an efficient review-and-approval process. (2) An ODA holder can apply for an individual to be approved, in whatever form the Administrator requires, and must submit enough information to show the person meets the qualifications in (c). (3) The Administrator must approve or reject the application within 30 days of receiving it. (4) If approved, the Administrator must send the individual a letter confirming the approval. (5) An ODA holder may reapply for someone even if an earlier application for that person was rejected.
(c) Qualifications. (1) The Administrator must set minimum qualifications for ODA unit members, considering the qualifications used for similar FAA employees and whether the individual (A) is technically able to do the delegated work, (B) has no recent record of serious FAA enforcement action against any of their certificates or approvals, (C) is of good moral character, using the same standard applied to airline transport pilot applicants, (D) knows the design or production rules that apply, (E) has strong knowledge of the relevant design, production, safety, or risk-management principles, and (F) meets any testing, training, or other standards the Administrator sets. (2) If someone's application was rejected before, the Administrator must be satisfied that the reasons for the earlier rejection have been fixed before approving a new application.
(d) Rescission of Approval. The Administrator may take back an ODA unit member's approval at any time, for any reason the Administrator thinks fit, but must set up a process for notice and an appeal. These rescission decisions cannot be challenged in court.
(e) Conditional Selections. (1) The Administrator may let an ODA holder temporarily put someone to work as an ODA unit member for up to 30 days while their application is pending. (2) This is only allowed if (A) the ODA holder has set up systems the Administrator trusts to keep conditionally-designated members' decisions reliable, and (B) the ODA holder has a safety management system under section 102 of the Aircraft Certification, Safety, and Accountability Act. (3) The Administrator must still approve or reject the full application on the normal timeline. (4) If the application is later rejected, the Administrator must review and approve or disapprove every decision that person made while conditionally designated. (5) Even if the requirements in (2) are met, the Administrator can still ban an ODA holder from making conditional designations, or ban a conditionally designated person from working, at any time for any reason.
(f) Records and Briefings. (1) Starting January 1, 2022, an ODA holder must keep — for a period the Administrator sets, with protections for sensitive and personal information — (A) records, applications, and manuals required by its approved procedures manual, (B) the names, duties, qualifications, and signature samples of each unit member performing delegated functions, (C) training records for unit members and administrators, and (D) any other records the Administrator requires. (2) Through fiscal year 2028, the Administrator must brief Congress's transportation committees twice a year on (A) how well the FAA is meeting the 30-day approval timeline, (B) the reasons for any rejections in the past six months, and (C) any resource or staffing challenges affecting this process.
(g) Special Review of Qualifications. (1) Within 30 days of issuing the minimum qualifications under (c), the Administrator must start reviewing every current ODA unit member working for a transport-airplane type certificate holder, to confirm they meet those qualifications. (2) For anyone who doesn't meet the standard, the Administrator must (A) decide if the gap can be fixed and, if so, give the person a plan and schedule to fix it, or (B) if it can't be fixed, take appropriate action, which can include barring the person from delegated work. (3) This review must finish within 18 months of starting. (4) A person approved to join a transport-airplane ODA holder's unit under (a) does not have to go through this special review.
(h) Prohibition. The Administrator cannot let an organization or ODA holder approve its own selected ODA unit members — only the Administrator can approve them.
(i) Definitions. (1) The definitions in section 44736(c) apply here too. (2) "Transport airplane" means a transport-category airplane type-certificated for an air carrier or foreign air carrier with a passenger capacity of 30 or more, or an all-cargo or combined version of one.
(j) Authorization of Appropriations. Congress authorizes $3,000,000 for each fiscal year from 2021 through 2028 to carry out this section.
Beginning January 1, 2022, each individual who is selected on or after such date to become an ODA unit member by an ODA holder engaged in the design of an aircraft, aircraft engine, propeller, or appliance and performs an authorized function pursuant to a delegation by the Administrator of the Federal Aviation Administration under section 44702(d)—
shall be—
an employee, a contractor, or a consultant of the ODA holder; or
the employee of a supplier of the ODA holder; and
may not become a member of such unit unless approved by the Administrator pursuant to this section.
The Administrator shall maintain an efficient process for the review and approval of an individual to become an ODA unit member under this section.
An ODA holder described in subsection (a) may submit to the Administrator an application for an individual to be approved to become an ODA unit member under this section. The application shall be submitted in such form and manner as the Administrator determines appropriate. The Administrator shall require an ODA holder to submit with such an application information sufficient to demonstrate an individual’s qualifications under subsection (c).
The Administrator shall approve or reject an individual that is selected by an ODA holder to become an ODA unit member under this section not later than 30 days after the receipt of an application by an ODA holder.
Upon approval of an individual to become an ODA unit member under this section, the Administrator shall provide such individual a letter confirming that such individual has been approved by the Administrator under this section to be an ODA unit member.
An ODA holder may submit an application under this subsection for an individual to become an ODA unit member under this section regardless of whether an application for such individual was previously rejected by the Administrator.
The Administrator shall issue minimum qualifications for an individual to become an ODA unit member under this section. In issuing such qualifications, the Administrator shall consider existing qualifications for Administration employees with similar duties and whether such individual—
is technically proficient and qualified to perform the authorized functions sought;
has no recent record of serious enforcement action, as determined by the Administrator, taken by the Administrator with respect to any certificate, approval, or authorization held by such individual;
is of good moral character (as such qualification is applied to an applicant for an airline transport pilot certificate issued under section 44703);
possesses the knowledge of applicable design or production requirements in this chapter and in title 14, Code of Federal Regulations, necessary for performance of the authorized functions sought;
possesses a high degree of knowledge of applicable design or production principles, system safety principles, or safety risk management processes appropriate for the authorized functions sought; and
meets such testing, examination, training, or other qualification standards as the Administrator determines are necessary to ensure the individual is competent and capable of performing the authorized functions sought.
In reviewing an application for an individual to become an ODA unit member under this section, if an application for such individual was previously rejected, the Administrator shall ensure that the reasons for the prior rejection have been resolved or mitigated to the Administrator’s satisfaction before making a determination on the individual’s reapplication.
The Administrator may rescind an approval of an individual as an ODA unit member granted pursuant to this section at any time and for any reason the Administrator considers appropriate. The Administrator shall develop procedures to provide for notice and opportunity to appeal rescission decisions made by the Administrator. Such decisions by the Administrator are not subject to judicial review.
Subject to the requirements of this subsection, the Administrator may authorize an ODA holder to conditionally designate an individual to perform the functions of an ODA unit member for a period of not more than 30 days (beginning on the date an application for such individual is submitted under subsection (b)(2)).
The Administrator may not make an authorization under paragraph (1) unless—
the ODA holder has instituted, to the Administrator’s satisfaction, systems and processes to ensure the integrity and reliability of determinations by conditionally-designated ODA unit members; and
the ODA holder has instituted a safety management system in accordance with regulations issued by the Administrator under section 102 of the Aircraft Certification, Safety, and Accountability Act.
The Administrator shall approve or reject the application for an individual designated under paragraph (1) in accordance with the timeline and procedures described in subsection (b).
If the Administrator rejects the application submitted under subsection (b)(2) for an individual conditionally designated under paragraph (1), the Administrator shall review and approve or disapprove any decision pursuant to any authorized function performed by such individual during the period such individual served as a conditional designee.
Notwithstanding the requirements of paragraph (2), the Administrator may prohibit an ODA holder from making conditional designations of individuals as ODA unit members under this subsection at any time for any reason the Administrator considers appropriate. The Administrator may prohibit any conditionally designated individual from performing an authorized function at any time for any reason the Administrator considers appropriate.
Beginning on the date described in subsection (a), an ODA holder shall maintain, for a period to be determined by the Administrator and with proper protections to ensure the security of sensitive and personal information—
any data, applications, records, or manuals required by the ODA holder’s approved procedures manual, as determined by the Administrator;
the names, responsibilities, qualifications, and example signature of each member of the ODA unit who performs an authorized function pursuant to a delegation by the Administrator under section 44702(d);
training records for ODA unit members and ODA administrators; and
any other data, applications, records, or manuals determined appropriate by the Administrator.
The Administrator shall provide biannual briefings each fiscal year through September 30, 2028 to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the implementation and effects of this section, including—
the Administration’s performance in completing reviews of individuals and approving or denying such individuals within the timeline required under subsection (b)(3);
for any individual rejected by the Administrator under subsection (b) during the preceding 6-month period, the reasoning or basis for such rejection; and
any resource, staffing, or other challenges within the Administration associated with implementation of this section.
Not later than 30 days after the issuance of minimum qualifications under subsection (c), the Administrator shall initiate a review of the qualifications of each individual who on the date on which such minimum qualifications are issued is an ODA unit member of a holder of a type certificate for a transport airplane to ensure such individual meets the minimum qualifications issued by the Administrator under subsection (c).
For any individual who is determined by the Administrator not to meet such minimum qualifications pursuant to the review conducted under paragraph (1), the Administrator—
shall determine whether the lack of qualification may be remedied and, if so, provide such individual with an action plan or schedule for such individual to meet such qualifications; or
may, if the Administrator determines the lack of qualification may not be remedied, take appropriate action, including prohibiting such individual from performing an authorized function.
The Administrator shall complete the review required under paragraph (1) not later than 18 months after the date on which such review was initiated.
An individual approved to become an ODA unit member of a holder of a type certificate for a transport airplane under subsection (a) shall not be subject to the review under this subsection.
The Administrator may not authorize an organization or ODA holder to approve an individual selected by an ODA holder to become an ODA unit member under this section.
The definitions contained in section 44736(c) shall apply to this section.
The term “transport airplane” means a transport category airplane designed for operation by an air carrier or foreign air carrier type-certificated with a passenger seating capacity of 30 or more or an all-cargo or combi derivative of such an airplane.
There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2021 through 2028.
Source credit: (Added Pub. L. 116–260, div. V, title I, § 107(a), Dec. 27, 2020, 134 Stat. 2320; amended Pub. L. 118–63, title III, § 306(a), May 16, 2024, 138 Stat. 1071.)
- 2020Enacted · Pub. L. 116-260 · 134 Stat. 2320
- 2024Amended · Pub. L. 118-63 · 138 Stat. 1071
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-260 on 2020-12-27.
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