S. 3866: To provide for updates to the Federal Aviation Administration type certification process to support development of new and novel technologies, and for other purposes.

The bill aims to update the Federal Aviation Administration (FAA) type certification process to better accommodate new and innovative aviation technologies. Here are the main provisions of the bill, broken down into sections:

Transparency of the FAA Type Certification Process

The bill requires the FAA Administrator to:

• Publish a public plan to enhance the issue paper process for type certification applications within 180 days of the bill's enactment.
• Determine how industry consensus standards can be utilized in certification projects, promoting both safety and innovation.
• Develop stable policies for common topics addressed in issue papers and regulations.
• Consider performance-based standards in the certification requirements for aircraft and related components.

Standard Expected Timelines

Within 270 days of enactment, the FAA must establish a set of standard timelines that outline the expected duration for:

• Achieving major milestones in the type certification process, including response times for issue papers.
• The time elapsed between closing an issue paper and the publication of regulatory proposals related to it.
• Responses to requests for exemption and compliance proposals from applicants.
• Responses to information requests from the FAA necessary for processing applications.

However, timelines may not apply to complex issues deemed unsafe by the Administrator.

Consultation Requirement

The Administrator is required to consult various stakeholders in the aviation sector, including:

• Trade associations representing applicants for type certifications, especially those involved in advanced air mobility.
• Infrastructure providers for airports or vertiports affected by the certification changes.
• Representatives of aviation safety personnel.
• Other relevant organizations as identified by the Administrator.

Reporting to Congress

The FAA must provide annual reports to Congress on:

• Performance metrics regarding the established timelines.
• Processes for reviewing internal performance and addressing deficiencies.
• Instances where timelines were exceeded and possible improvements.
• Progress on creating stable policy related to issue papers.

Criteria for FAA Issue Papers

The FAA is directed to amend regulations regarding issue papers by establishing:

• Specific criteria for determining when an issue warrants an issue paper.
• Roles within the FAA responsible for evaluating these criteria.
• Procedures to enhance efficiency and streamline processes, including converting stable means of compliance into published policies.

FAA Delegation Guidance

Within 90 days, the FAA must update its delegation guidance, which includes:

• Criteria for determining applicant eligibility for delegation.
• Classification criteria for compliance findings as routine or safety-critical.
• Processes for documentation when the FAA does not use authorized representatives for certification activities.
• Considerations for ensuring safety and predictability in certification processes for new technologies and their impact on U.S. leadership in aviation.

Relevant Companies

• BA (Boeing) - As a major manufacturer of aircraft, Boeing may be directly impacted by changes in the certification process, potentially affecting timelines for new aircraft models and technologies.
• LMT (Lockheed Martin) - Involvement in advanced air mobility projects may lead to changes in certification as the FAA alters its processes to accommodate innovative technologies.
• RTX (Raytheon Technologies) - As a company engaged in both aerospace and defense, changes to FAA regulations could affect its aircraft propulsion systems and other technologies ready for certification.