49 U.S.C. § 44744 — Flight crew alerting
submitted 4 years ago by Pub. L. 117-328 to r/title-49-TRANSPORTATION · 343 words · no verdicts yet
New transport airplanes need a flight crew alerting system that separates warnings, cautions, and advisories. The rule doesn't apply to applications filed before December 27, 2020. Boeing 737 MAX planes face extra safety-enhancement deadlines.
(a) In General. Starting December 27, 2022, the Administrator cannot issue a type certificate for a transport-category airplane unless it has a flight crew alerting system that at minimum (1) shows and tells apart warnings, cautions, and advisories, and (2) helps the flight crew prioritize what to fix and respond to system failures.
(b) Limitation. This ban doesn't apply to an original or amended type certificate application filed before December 27, 2020.
(c) Safety Enhancements. (1) Starting 1 year after the Administrator issues a type certificate for the Boeing 737-10, the Administrator cannot issue an original airworthiness certificate for any Boeing 737 MAX aircraft unless its design includes FAA-approved safety enhancements. (2) Starting 3 years after that type certificate is issued, nobody may fly a Boeing 737 MAX unless (A) its design includes those approved safety enhancements, and (B) the aircraft was either built to match that design or altered to match it.
(d) Definitions. (1) "Boeing 737 MAX aircraft" means (A) any Model 737 designated 737-7, 737-8, 737-8200, 737-9, or 737-10, or (B) any other variant of those models. (2) "Safety enhancement" means any design change to the flight crew alerting system the Administrator approves for the Boeing 737-10, including (A) a synthetic enhanced angle-of-attack system and a way to shut off stall warning and overspeed alerts, or (B) any design change the Administrator decides is equivalent.
Beginning on December 27, 2022, the Administrator may not issue a type certificate for a transport category airplane unless 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.
The prohibition in subsection (a) shall not apply to any application for an original or amended type certificate that was submitted to the Administrator prior to December 27, 2020.
Beginning on the date that is 1 year after the date on which the Administrator issues a type certificate for the Boeing 737-10, the Administrator may not issue an original airworthiness certificate for any Boeing 737 MAX aircraft unless the Administrator finds that the type design for the aircraft includes safety enhancements that have been approved by the Administrator.
Beginning on the date that is 3 years after the date on which the Administrator issues a type certificate for the Boeing 737-10, no person may operate a Boeing 737 MAX aircraft unless—
the type design for the aircraft includes safety enhancements approved by the Administrator; and
the aircraft was—
produced in conformance with such type design; or
altered in accordance with such type design.
In this section:
The term “Boeing 737 MAX aircraft” means any—
Model 737 series aircraft designated as a 737-7, 737-8, 737-8200, 737-9, or 737-10; or
other variant of a model described in subparagraph (A).
The term “safety enhancement” means any design change to the flight crew alerting system approved by the Administrator for the Boeing 737-10, including—
a—
synthetic enhanced angle-of-attack system; and
means to shut off stall warning and overspeed alerts; or
any design changes equivalent to subparagraph (A) determined appropriate by the Administrator.
Source credit: (Added Pub. L. 117–328, div. O, title V, § 501(a), Dec. 29, 2022, 136 Stat. 5230.)
- 2022Enacted · Pub. L. 117-328 · 136 Stat. 5230
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-328 on 2022-12-29.
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