Congress moved last month to advance legislation intended to make the FAA’s certification process more predictable for advanced air mobility aircraft. The Aviation Innovation and Global Competitiveness Act would require the agency to publish a certification plan and expected time ranges for major steps in the review process.
On July 22, the Senate Commerce Committee advanced S. 3885 by voice vote. Companion legislation, H.R. 7553, has been introduced in the House.
Public Plan and Timelines
The bill would give the FAA 180 days after enactment to develop and publish a certification plan for aircraft intended for AAM operations. The plan would address the agency’s issue-paper process, recurring certification questions, performance-based standards and the circumstances under which industry consensus standards could serve as an acceptable means of compliance.
Within 270 days, the FAA would also establish nonbinding expected time ranges for issue papers, special conditions, exemption requests, proposed means of compliance and other certification milestones.
“By ensuring that the FAA prioritizes the certification of novel aircraft like eVTOLs, we can quickly incorporate innovative technology into the National Airspace System,” Sen. Ted Budd, R-N.C., said in a statement following the committee vote.
Safety and Delegation
The FAA administrator could exclude complex matters from the expected timelines. The time ranges would not create new legal rights or allow an applicant to seek judicial review because the agency missed an expected deadline.
“Ensuring the FAA certification process is safe, efficient, and more transparent for emerging AAM companies like Beta is critical to promoting aviation innovation,” Sen. Peter Welch, D-Vt., said in a statement.
An amendment adopted by the committee would require the FAA to consult representatives of its aviation safety inspectors, technicians and engineers, along with the principal organization representing airline pilots. The bill would also require updated guidance identifying which certification findings may be delegated to authorized representatives and which decisions should remain with the FAA.
I see three fundamental factors:
And Vern Raeburn’s botch with Eclipse.
Plus the Japanese company that simply lacked experience so encountered delays and redesign of its airliner project.