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

This section provides the table of contents for the Act.

This section directs the FAA Administrator, not later than 180 days after enactment, to publish on the FAA website a public plan to (1) improve the issue paper process for type certificate and supplemental type certificate applications under 49 U.S.C. §44704; (2) maximize use of industry consensus standards as means of compliance, consistent with aviation safety and in the Administrator's discretion; (3) create stable policy, to the extent practicable, on common subjects addressed in issue papers, special conditions, special airworthiness criteria, or equivalent safety findings; and (4) ensure consideration of performance-based standards in type certification requirements for aircraft, aircraft engines, or propellers. (Type certificates under §44704 approve aircraft, engine, propeller, or appliance designs that meet FAA safety regulations.) The section further requires the Administrator, not later than 270 days after enactment and subject to an exclusion for complex unsafe conditions determined solely by the Administrator, to amend FAA Order 8110.112A (or successor) and related documents to establish standard expected timelines for type certification milestones (including FAA response times on issue papers and certification plans), special condition rulemakings, responses to applicant exemption petitions and performance-based compliance proposals, and applicant responses to FAA information requests. In developing the plan and timelines, the Administrator must consult with trade associations, advanced air mobility stakeholders, airport and vertiport providers, certified bargaining representatives of FAA safety personnel, and other relevant parties. Finally, this section requires the Administrator, not later than 180 days after establishing the timelines and annually thereafter, to submit to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure a report on implementation, including performance metrics, internal review processes, details on timeline exceedances and needed improvements, and progress on stable policy.

This section directs the FAA Administrator, not later than 180 days after the date of enactment, to amend FAA Order 8110.112A (or a successor document) and other applicable FAA documents to (1) establish specific criteria for determining when an issue warrants an issue paper during aircraft type certification and identify responsible FAA roles for evaluation; (2) account for performance-based rulemaking projects requiring issue papers on both means and methods of compliance; and (3) improve efficiency and timelines by eliminating recurring issue papers through conversion of stable means-of-compliance issue papers into published policy or advisory circulars and incorporation of stable issue papers for special conditions, exemptions, equivalent level of safety findings, and other requirements into annual updates to product airworthiness standards under title 14, Code of Federal Regulations. Subsection (b) requires these matters to be included in any subsequent order superseding FAA Order 8110.112A. (As background, issue papers document and resolve significant safety or compliance issues in the FAA aircraft type certification process, which this section streamlines to support aviation innovation, including advanced air mobility.)

This section directs the Federal Aviation Administration (FAA) Administrator, not later than 90 days after the date of enactment, to publish on the FAA website updated delegation guidance for type certification of aircraft and aircraft engines. The guidance must include (1) criteria for applicant eligibility for delegation; (2) criteria for classifying compliance findings as routine or safety-critical; (3) processes for documentation and management review when the FAA elects not to use authorized representatives of the Administrator or the applicant to perform routine and type certification activities; (4) the extent to which the FAA's implementation of delegation authority ensures safety and fosters predictable type certification processes for new and novel technologies; and (5) the extent to which such implementation considers the type certification process's impact on U.S. global leadership in developing and producing those technologies.