PASSED: Committee Approves Sen. Moran’s Legislation to Streamline FAA Type Certification Process for AAM Aircraft

WASHINGTON - U.S. Senator Jerry Moran (R-Kan.) - chairman of the Senate Commerce Subcommittee on Aviation, Space and Innovation - yesterday applauded the Senate Commerce Committee's passage of the Aviation Innovation and Global Competitiveness Act, which he introduced with Sens. Peter Welch (D-Vt.) and Ted Budd (R-N.C.), to improve the Federal Aviation Administration's (FAA) type certification process for American Advanced Air Mobility (AAM) aircraft. This bipartisan legislation would help bolster FAA bandwidth to prevent gridlock and increase transparency in the certification process, strengthen the U.S. aviation industry and further American global aviation leadership.

"Streamlining the FAA's type certification processes for advanced aviation technologies, such as advanced air mobility, is critical to bolstering America's global leadership in aviation innovation," said Sen. Moran. "I appreciate the bipartisan support from my colleagues for this legislation, and I'm pleased by this step forward with its passage out of committee today. This legislation would support emerging aerospace technologies and strengthen the aviation industry in Kansas and across the country, and I look forward to its approval by the full Senate."

The legislation is also cosponsored by Sens. John Curtis (R-Utah), Martin Heinrich (D-N.M.), Ben Ray Luján (D-N.M.), Cynthia Lummis (R-Wyo.), Bernie Moreno (R-Ohio), Alex Padilla (D-Calif.), Adam Schiff (D-Calif.), Tim Sheehy (R-Mont.) and Todd Young (R-Ind.).

Specifically, the Aviation Innovation and Global Competitiveness Act would:

• Establish non-binding, standard expected timelines for the FAA's type certification process for AAM aircraft for the Agency to respond to petitions for exemptions of aircraft type, and to develop means of compliance for aircraft outside of the existing types of AAM aircraft;
• Set transparent and reliable non-binding, standard expected ranges of time for the issue paper process, so that type certification applicants know how long reviews will take, reducing uncertainty and delays;
• Provide the FAA Administration with the sole discretion to exclude safety-critical matters from established timelines to ensure airspace safety is paramount;
• Direct the FAA to define when an issue paper is required in the certification process, while providing flexibility for the Agency on complex, safety issues;
• Direct the FAA to account for performance-based rules in the certification process;
• Direct the FAA to brief the relevant congressional committees on the status of implementing the certification regulations and managing workload;
• Clarify when the FAA can delegate routine compliance findings to qualified personnel, allowing Agency experts to focus on complex, safety-critical issues; and
• Update delegation guidance for type certification to cover new and novel technologies related to AAM, including eVTOL aircraft.

The legislation is endorsed by the Aerospace Industries Association (AIA); Aircraft Owners and Pilots Association (AOPA); Airports Council International - North America (ACI-NA); American Association of Airport Executives (AAAE); American Institutes of Aeronautics and Astronautics (AIAA); Archer Aviation; Association for Uncrewed Vehicle Systems International (AUVSI); Beta Technologies; Boeing; Eve Air Mobility; General Aviation Manufacturers Association (GAMA); Joby Aviation; National Air Transportation Association (NATA); National Business Aviation Association (NBAA); Professional Aviation Safety Specialists, AFL-CIO (PASS); Vertical Aviation International (VAI); and Wisk Aero.

Companion legislation has been introduced in the U.S. House of Representatives by Reps. Troy Nehls (R-TX-22), André Carson (D-IN-07) and Jay Obernolte (R-CA-23).

Full text of the legislation can be found here.

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