§44744 Flight Crew Alerting

Summary

Starting December 27, 2022, the Administrator cannot approve a new type certificate for a transport-category airplane unless the airplane has a flight crew alerting system that shows and tells the difference between warnings, cautions, and advisories, and that helps the crew decide what fixes to do first and how to respond to system failures. That rule does not apply to any type-certificate application filed before December 27, 2020. Once the Administrator issues a type certificate for the Boeing 737-10, then: after 1 year the Administrator cannot grant an original airworthiness certificate for any Boeing 737 MAX unless the plane’s type design includes safety enhancements the Administrator approved; and after 3 years no one may operate a Boeing 737 MAX unless the approved safety enhancements are in the type design and the aircraft was built or changed to match that design. “Boeing 737 MAX aircraft” means models 737-7, 737-8, 737-8200, 737-9, 737-10, or similar variants. “Safety enhancement” means an approved design change to the flight crew alerting system for the 737-10, including a synthetic enhanced angle-of-attack system and a way to shut off stall warning and overspeed alerts, or an equivalent change the Administrator approves.