Title 49TransportationRelease 119-73

§44744 Flight crew alerting

Title 49 › Subtitle SUBTITLE VII— - AVIATION PROGRAMS › Part PART A— - AIR COMMERCE AND SAFETY › Subpart subpart iii— - safety › Chapter CHAPTER 447— - SAFETY REGULATION › § 44744

Last updated Apr 6, 2026|Official source

Summary

Starting on December 27, 2022, the FAA Administrator cannot approve a new type certificate for a transport airplane unless that airplane has a flight crew alerting system that shows and tells the difference between warnings, cautions, and advisories, and that helps the pilots decide what to fix first and how to handle system failures. That rule does not apply to type certificate applications sent in before December 27, 2020. One year after the FAA approves a type certificate for the Boeing 737-10, the FAA cannot give an original airworthiness certificate to any Boeing 737 MAX unless the airplane’s type design includes approved safety enhancements. Three years after that 737-10 type certificate, no one may operate a 737 MAX unless its type design has those approved enhancements and the airplane was built or changed to match that design. “Boeing 737 MAX aircraft” means Model 737-7, -8, -8200, -9, or -10 (and similar variants). A “safety enhancement” means an approved change to the flight crew alerting system for the 737-10, such as a synthetic enhanced angle-of-attack system and a way to shut off stall-warning and overspeed alerts, or equivalent approved changes.

Full Legal Text

Title 49, §44744

Transportation — Source: USLM XML via OLRC

(a)Beginning on December 27, 2022, the Administrator may not issue a type certificate for a transport category airplane unless such airplane incorporates a flight crew alerting system that, at a minimum—
(1)displays and differentiates among warnings, cautions, and advisories; and
(2)includes functions to assist the flight crew in prioritizing corrective actions and responding to systems failures.
(b)The prohibition in subsection (a) shall not apply to any application for an original or amended type certificate that was submitted to the Administrator prior to December 27, 2020.
(c)(1)Beginning on the date that is 1 year after the date on which the Administrator issues a type certificate for the Boeing 737-10, the Administrator may not issue an original airworthiness certificate for any Boeing 737 MAX aircraft unless the Administrator finds that the type design for the aircraft includes safety enhancements that have been approved by the Administrator.
(2)Beginning on the date that is 3 years after the date on which the Administrator issues a type certificate for the Boeing 737-10, no person may operate a Boeing 737 MAX aircraft unless—
(A)the type design for the aircraft includes safety enhancements approved by the Administrator; and
(B)the aircraft was—
(i)produced in conformance with such type design; or
(ii)altered in accordance with such type design.
(d)In this section:
(1)The term “Boeing 737 MAX aircraft” means any—
(A)Model 737 series aircraft designated as a 737-7, 737-8, 737-8200, 737-9, or 737-10; or
(B)other variant of a model described in subparagraph (A).
(2)The term “safety enhancement” means any design change to the flight crew alerting system approved by the Administrator for the Boeing 737-10, including—
(A)a—
(i)synthetic enhanced angle-of-attack system; and
(ii)means to shut off stall warning and overspeed alerts; or
(B)any design changes equivalent to subparagraph (A) determined appropriate by the Administrator.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Costs of Safety Enhancements Pub. L. 117–328, div. O, title V, § 501(c), Dec. 29, 2022, 136 Stat. 5231, provided that: “Any costs associated with the safety enhancements required by section 44744 of title 49, United States Code, as added by subsection (a), shall be borne by the holder of the type certificate.” Congressional Briefings Pub. L. 117–328, div. O, title V, § 501(d), Dec. 29, 2022, 136 Stat. 5231, provided that: “Not later than March 1, 2023, and on a quarterly basis thereafter, the Administrator shall brief Congress on the status of— “(1) the issuance of a type certificate for the Boeing 737-7 and 737-10, including any design enhancements, pilot procedures, or training requirements resulting from system safety assessments; and “(2) the implementation of safety enhancements for Boeing 737 MAX aircraft, as required by section 44744 of title 49, United States Code, as added by subsection (a).”

Reference

Citations & Metadata

Citation

49 U.S.C. § 44744

Title 49Transportation

Last Updated

Apr 6, 2026

Release point: 119-73