§44741 — Title 49 Transportation | U.S. Code

Summary

Starting January 1, 2022, anyone chosen to serve as an ODA unit member by an ODA holder who designs aircraft, engines, propellers, or appliances must be an employee, contractor, consultant of the ODA holder, or an employee of the holder’s supplier, and must be approved by the FAA Administrator. The FAA must keep a fast review process. An ODA holder sends the application and proof of the person’s qualifications. The FAA must approve or deny the person within 30 days and send a letter if approved. The FAA will set minimum qualifications that look at technical skill, recent enforcement history, good moral character (like for airline transport pilots), knowledge of design and production rules, safety and risk knowledge, and any testing or training needed. If someone was denied before, the FAA must be satisfied past problems are fixed before approving them. The FAA can cancel an approval at any time, must give notice and an internal appeal chance, and those cancellation decisions cannot be reviewed by a court. An ODA holder may be allowed to temporarily assign someone for up to 30 days starting when the application is filed, but only if the FAA approves the holder’s systems to ensure reliable work and the holder has a safety management system. If the FAA later denies the person, it will review any work that person did while temporarily assigned. ODA holders must keep records the FAA requires (including names, duties, qualifications, sample signatures, training, and manuals) for a time the FAA sets and protect sensitive information. The FAA must brief two Congressional committees twice a year through September 30, 2028 about how this is working, including approval timing, reasons for recent rejections, and resource issues. After the FAA issues minimum qualifications, it must start reviewing current ODA unit members for holders of a type certificate for a transport airplane within 30 days and finish that review within 18 months; if someone does not meet the rules, the FAA will give a plan to fix it or may bar the person from doing the job. The FAA may not let an organization delegate the authority to approve these individuals. "Transport airplane" means an airplane certificated for an air carrier with 30 or more passenger seats, or an all‑cargo or combi version of that airplane. Congress authorized $3,000,000 per year for fiscal years 2021 through 2028 to carry out this rule.

Title 49, §44741

Transportation — Source: USLM XML via OLRC

(a)Beginning January 1, 2022, each individual who is selected on or after such date to become an ODA unit member by an ODA holder engaged in the design of an aircraft, aircraft engine, propeller, or appliance and performs an authorized function pursuant to a delegation by the Administrator of the Federal Aviation Administration under section 44702(d)—

(1)shall be—

(A)an employee, a contractor, or a consultant of the ODA holder; or

(B)the employee of a supplier of the ODA holder; and

(2)may not become a member of such unit unless approved by the Administrator pursuant to this section.

(b)(1)The Administrator shall maintain an efficient process for the review and approval of an individual to become an ODA unit member under this section.

(2)An ODA holder described in subsection (a) may submit to the Administrator an application for an individual to be approved to become an ODA unit member under this section. The application shall be submitted in such form and manner as the Administrator determines appropriate. The Administrator shall require an ODA holder to submit with such an application information sufficient to demonstrate an individual’s qualifications under subsection (c).

(3)The Administrator shall approve or reject an individual that is selected by an ODA holder to become an ODA unit member under this section not later than 30 days after the receipt of an application by an ODA holder.

(4)Upon approval of an individual to become an ODA unit member under this section, the Administrator shall provide such individual a letter confirming that such individual has been approved by the Administrator under this section to be an ODA unit member.

(5)An ODA holder may submit an application under this subsection for an individual to become an ODA unit member under this section regardless of whether an application for such individual was previously rejected by the Administrator.

(c)(1)The Administrator shall issue minimum qualifications for an individual to become an ODA unit member under this section. In issuing such qualifications, the Administrator shall consider existing qualifications for Administration employees with similar duties and whether such individual—

(A)is technically proficient and qualified to perform the authorized functions sought;

(B)has no recent record of serious enforcement action, as determined by the Administrator, taken by the Administrator with respect to any certificate, approval, or authorization held by such individual;

(C)is of good moral character (as such qualification is applied to an applicant for an airline transport pilot certificate issued under section 44703);

(D)possesses the knowledge of applicable design or production requirements in this chapter and in title 14, Code of Federal Regulations, necessary for performance of the authorized functions sought;

(E)possesses a high degree of knowledge of applicable design or production principles, system safety principles, or safety risk management processes appropriate for the authorized functions sought; and

(F)meets such testing, examination, training, or other qualification standards as the Administrator determines are necessary to ensure the individual is competent and capable of performing the authorized functions sought.

(2)In reviewing an application for an individual to become an ODA unit member under this section, if an application for such individual was previously rejected, the Administrator shall ensure that the reasons for the prior rejection have been resolved or mitigated to the Administrator’s satisfaction before making a determination on the individual’s reapplication.

(d)The Administrator may rescind an approval of an individual as an ODA unit member granted pursuant to this section at any time and for any reason the Administrator considers appropriate. The Administrator shall develop procedures to provide for notice and opportunity to appeal rescission decisions made by the Administrator. Such decisions by the Administrator are not subject to judicial review.

(e)(1)Subject to the requirements of this subsection, the Administrator may authorize an ODA holder to conditionally designate an individual to perform the functions of an ODA unit member for a period of not more than 30 days (beginning on the date an application for such individual is submitted under subsection (b)(2)).

(2)The Administrator may not make an authorization under paragraph (1) unless—

(A)the ODA holder has instituted, to the Administrator’s satisfaction, systems and processes to ensure the integrity and reliability of determinations by conditionally-designated ODA unit members; and

(B)the ODA holder has instituted a safety management system in accordance with regulations issued by the Administrator under section 102 of the Aircraft Certification, Safety, and Accountability Act.

(3)The Administrator shall approve or reject the application for an individual designated under paragraph (1) in accordance with the timeline and procedures described in subsection (b).

(4)If the Administrator rejects the application submitted under subsection (b)(2) for an individual conditionally designated under paragraph (1), the Administrator shall review and approve or disapprove any decision pursuant to any authorized function performed by such individual during the period such individual served as a conditional designee.

(5)Notwithstanding the requirements of paragraph (2), the Administrator may prohibit an ODA holder from making conditional designations of individuals as ODA unit members under this subsection at any time for any reason the Administrator considers appropriate. The Administrator may prohibit any conditionally designated individual from performing an authorized function at any time for any reason the Administrator considers appropriate.

(f)(1)Beginning on the date described in subsection (a), an ODA holder shall maintain, for a period to be determined by the Administrator and with proper protections to ensure the security of sensitive and personal information—

(A)any data, applications, records, or manuals required by the ODA holder’s approved procedures manual, as determined by the Administrator;

(B)the names, responsibilities, qualifications, and example signature of each member of the ODA unit who performs an authorized function pursuant to a delegation by the Administrator under section 44702(d);

(C)training records for ODA unit members and ODA administrators; and

(D)any other data, applications, records, or manuals determined appropriate by the Administrator.

(2)The Administrator shall provide biannual briefings each fiscal year through September 30, 2028 to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the implementation and effects of this section, including—

(A)the Administration’s performance in completing reviews of individuals and approving or denying such individuals within the timeline required under subsection (b)(3);

(B)for any individual rejected by the Administrator under subsection (b) during the preceding 6-month period, the reasoning or basis for such rejection; and

(C)any resource, staffing, or other challenges within the Administration associated with implementation of this section.

(g)(1)Not later than 30 days after the issuance of minimum qualifications under subsection (c), the Administrator shall initiate a review of the qualifications of each individual who on the date on which such minimum qualifications are issued is an ODA unit member of a holder of a type certificate for a transport airplane to ensure such individual meets the minimum qualifications issued by the Administrator under subsection (c).

(2)For any individual who is determined by the Administrator not to meet such minimum qualifications pursuant to the review conducted under paragraph (1), the Administrator—

(A)shall determine whether the lack of qualification may be remedied and, if so, provide such individual with an action plan or schedule for such individual to meet such qualifications; or

(B)may, if the Administrator determines the lack of qualification may not be remedied, take appropriate action, including prohibiting such individual from performing an authorized function.

(3)The Administrator shall complete the review required under paragraph (1) not later than 18 months after the date on which such review was initiated.

(4)An individual approved to become an ODA unit member of a holder of a type certificate for a transport airplane under subsection (a) shall not be subject to the review under this subsection.

(h)The Administrator may not authorize an organization or ODA holder to approve an individual selected by an ODA holder to become an ODA unit member under this section.

(i)(1)The definitions contained in section 44736(c) shall apply to this section.

(2)The term “transport airplane” means a transport category airplane designed for operation by an air carrier or foreign air carrier type-certificated with a passenger seating capacity of 30 or more or an all-cargo or combi derivative of such an airplane.

(j)There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2021 through 2028.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 102 of the Aircraft Certification, Safety, and Accountability Act, referred to in subsec. (e)(2)(B), is section 102 of title I of Pub. L. 116–260, div. V, Dec. 27, 2020, 134 Stat. 2309. section 102(a)–(f) of Pub. L. 116–260 is set out as a note under section 44701 of this title, and section 102(g) of Pub. L. 116–260 amended section 44735 of this title.

Amendments

2024—Subsec. (f)(2). Pub. L. 118–63, § 306(a)(1)(A), substituted “The Administrator shall provide biannual briefings each fiscal year through

September 30, 2028” for “Not later than 90 days after the date of enactment of this section, and every 90 days thereafter through

September 30, 2023, the Administrator shall provide a briefing” in introductory provisions. Subsec. (f)(2)(B). Pub. L. 118–63, § 306(a)(1)(B), substituted “6-month period” for “90-day period”. Subsec. (j). Pub. L. 118–63, § 306(a)(2), substituted “2028” for “2023”.

§44741 Approval of Organization Designation Authorization Unit Members