S. 3885 — Aviation Innovation and Global Competitiveness Act

This section designates the Act as the “Aviation Innovation and Global Competitiveness Act” and sets forth the table of contents.

This section directs the FAA Administrator, not later than 180 days after the date of enactment, to publish on the FAA website a publicly available 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 49 U.S.C. 44704 approve aircraft, engine, propeller, or appliance designs that meet FAA safety regulations.) The section further directs the Administrator, not later than 270 days after enactment and subject to an exclusion for complex issues presenting an unsafe condition (as determined solely by the Administrator), to amend FAA Order 8110.112A (or successor) and conforming documents to establish ranges of standard expected timelines for (1) major type certification milestones (e.g., issue papers, certification basis, means of compliance, equivalent safety levels), including FAA response times; (2) time between issue paper closure containing a special condition and publication of any related notice of proposed rulemaking and final rule; (3) FAA responses to applicant exemption petitions and performance-based compliance proposals; and (4) applicant substantive responses to FAA information requests needed to close such petitions and proposals. (Thus, these timelines aim to support aviation innovation, including advanced air mobility, by standardizing certification processes.) In developing the plan and timelines, the Administrator must consult trade associations; advanced air mobility stakeholders and prospective airport/vertiport providers; certified bargaining representatives of FAA aviation safety personnel; and other relevant parties. Not later than 180 days after establishing the timelines, and annually thereafter, the Administrator must report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure on implementation status, performance metrics, deficiency reviews, timeline exceedances with improvement recommendations, and progress on stable policy.

This section directs the FAA Administrator, not later than 180 days after enactment, to amend FAA Order 8110.112A (or successor document) and other applicable FAA documents to (1) establish specific criteria for determining when an issue warrants an issue paper and identifying FAA roles responsible for evaluating those criteria; (2) account for performance-based rulemaking projects requiring issue papers on 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 levels of safety findings, and other requirements via annual updates to product airworthiness standards under title 14, Code of Federal Regulations. The section further requires inclusion of these matters in any subsequent order superseding or canceling Order 8110.112A.

This section directs the FAA Administrator to publish, not later than 90 days after the date of enactment, updated delegation guidance on the FAA website for type certification of aircraft and aircraft engines under 49 U.S.C. §44704(a). 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 for routine and type certification activities; (4) the extent to which FAA delegation implementation ensures safety while fostering predictable type certification processes for new and novel technologies; and (5) the extent to which such implementation considers impacts on U.S. global leadership in developing and producing those technologies.

This section expresses the sense of Congress that the United States should continue supporting advanced air mobility, U.S. innovation, and global leadership in the development and safe deployment of new and novel aviation technologies, in accordance with the Federal Aviation Administration Act of 2024 (P.L. 118-63).

This section establishes a rule of construction providing that (1) the Administrator's establishment of standard expected timelines or ranges of time for actions under section 2(b) creates no new legal rights; and (2) the Administrator's adherence or failure to adhere to such timelines or ranges in any instance is not subject to judicial review.

This section establishes definitions for purposes of the Act, including (1) Administrator, as the Administrator of the Federal Aviation Administration; (2) advanced air mobility, as defined in section 951 of the FAA Reauthorization Act of 2024 (49 U.S.C. 40101 note); and (3) FAA, as the Federal Aviation Administration.