APPENDIX F Sample Legislative Amendment For Approved Design Organizations

This amendment provides a sample legislative amendment that would authorize the FAA to certificate design organizations in accordance with Major Recommendation 3. This draft is provided to facilitate quick action by the FAA and Congress.

AMENDMENTS TO 49 USC, CHAPTER 447- SAFETY REGULATION TO AUTHORIZE THE ISSUANCE OF DESIGN ORGANIZATION CERTIFICATES.

(Areas of change italicized.)

  1. Amend the first sentence of §44702(a) to read:

  1. GENERAL AUTHORITY AND APPLICATIONS.—The Administrator of the Federal Aviation Administration may issue airman certificates, design organization certificates, type certificates, production certificates, airworthiness certificates, air carrier operating certificates, airport operating certificates, air agency certificates, and air navigation facility certificates under this chapter.

  1. Amend the title of §44704 to read:

    §44704. Design Organization certificates, type certificates, production certificates, and airworthiness certificates

  1. Amend §44704 by redesignating paragraphs (a), (b), (c) and (d) as (b), (c), (d), and (e); and, by adding a new paragraph (a) to read:

  1. DESIGN ORGANIZATION CERTIFICATES. The Administrator may issue a design organization certificate to authorize a design organization to certify compliance with the requirements and minimum standards prescribed under section 44701(a) for the type certification of aircraft, aircraft engines, propellers, or appliances. On receiving an application for a design organization certificate, the Administrator shall examine and rate the design organization in accordance with the regulations prescribed by the Administrator to determine that the design organization has adequate engineering, design, and testing capabilities, standards, and safeguards to ensure that the product being certificated is properly designed and manufactured, performs properly, and meets the regulations and minimum standards prescribed under section 44701(a) of this title. The Administrator shall include in a design organization certificate terms required in the interest of safety.

  1. Amend redesignated §44704(b)(1) to read:

  1. TYPE CERTIFICATES. (1) The Administrator shall issue a type certificate for an aircraft, aircraft engine, or propeller, or for an appliance specified under paragraph (2)(A) of this subsection when the Administrator finds that the aircraft, aircraft engine, propeller, or appliance is properly designed and manufactured, performs properly, and meets the regulations and minimum standards prescribed under section 44701(a) of this title. On receiving an application for a type certificate, the Administrator shall investigate the application and may conduct a hearing. The Administrator shall make or require the applicant to make, tests the Administrator considers necessary in the interest of safety. Alternatively, the Administrator my issue a type certificate based on a certification of compliance made by a design organization certificated under section 44704(a).

  1. Amend §44709(a) to read:

  1. REINSPECTION AND REEXAMINATION.— The Administrator of the Federal Aviation Administration may reinspect at any time a civil aircraft, aircraft engine, propeller, appliance, design organization, production certificate holder, air navigation facility or air agency, or airman holding a certificate issued under section 44703 of the title.

  1. Amend §44711 (a)(7), Prohibitions and exemptions to read:

  1. PROHIBITIONS—A person may not—

    . . .

  1. violate a term of an air agency, design organization certificate , or production certificate or a regulation prescribed or order issued under section 44701(a) of (b) or any of sections 44702 44716 of this title related to the holder of the certificate.



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Improving the Continued Airworthiness of Civil Aircraft: A Strategy for the FAA's Aircraft Certification Service APPENDIX F Sample Legislative Amendment For Approved Design Organizations This amendment provides a sample legislative amendment that would authorize the FAA to certificate design organizations in accordance with Major Recommendation 3. This draft is provided to facilitate quick action by the FAA and Congress. AMENDMENTS TO 49 USC, CHAPTER 447- SAFETY REGULATION TO AUTHORIZE THE ISSUANCE OF DESIGN ORGANIZATION CERTIFICATES. (Areas of change italicized.) Amend the first sentence of §44702(a) to read: GENERAL AUTHORITY AND APPLICATIONS.—The Administrator of the Federal Aviation Administration may issue airman certificates, design organization certificates, type certificates, production certificates, airworthiness certificates, air carrier operating certificates, airport operating certificates, air agency certificates, and air navigation facility certificates under this chapter. Amend the title of §44704 to read: §44704. Design Organization certificates, type certificates, production certificates, and airworthiness certificates Amend §44704 by redesignating paragraphs (a), (b), (c) and (d) as (b), (c), (d), and (e); and, by adding a new paragraph (a) to read: DESIGN ORGANIZATION CERTIFICATES. The Administrator may issue a design organization certificate to authorize a design organization to certify compliance with the requirements and minimum standards prescribed under section 44701(a) for the type certification of aircraft, aircraft engines, propellers, or appliances. On receiving an application for a design organization certificate, the Administrator shall examine and rate the design organization in accordance with the regulations prescribed by the Administrator to determine that the design organization has adequate engineering, design, and testing capabilities, standards, and safeguards to ensure that the product being certificated is properly designed and manufactured, performs properly, and meets the regulations and minimum standards prescribed under section 44701(a) of this title. The Administrator shall include in a design organization certificate terms required in the interest of safety. Amend redesignated §44704(b)(1) to read: TYPE CERTIFICATES. (1) The Administrator shall issue a type certificate for an aircraft, aircraft engine, or propeller, or for an appliance specified under paragraph (2)(A) of this subsection when the Administrator finds that the aircraft, aircraft engine, propeller, or appliance is properly designed and manufactured, performs properly, and meets the regulations and minimum standards prescribed under section 44701(a) of this title. On receiving an application for a type certificate, the Administrator shall investigate the application and may conduct a hearing. The Administrator shall make or require the applicant to make, tests the Administrator considers necessary in the interest of safety. Alternatively, the Administrator my issue a type certificate based on a certification of compliance made by a design organization certificated under section 44704(a). Amend §44709(a) to read: REINSPECTION AND REEXAMINATION.— The Administrator of the Federal Aviation Administration may reinspect at any time a civil aircraft, aircraft engine, propeller, appliance, design organization, production certificate holder, air navigation facility or air agency, or airman holding a certificate issued under section 44703 of the title. Amend §44711 (a)(7), Prohibitions and exemptions to read: PROHIBITIONS—A person may not— . . . violate a term of an air agency, design organization certificate , or production certificate or a regulation prescribed or order issued under section 44701(a) of (b) or any of sections 44702 44716 of this title related to the holder of the certificate.