What are the Type Certificate holder’s responsibilities?

The Type Certificate owner is responsible for:

• Notifying the FAA when they become aware of any failure, malfunction, or defect in any product, part, process, or article manufactured by them (14 CFR 21.3);
• Developing appropriate design changes to correct the unsafe condition (14 CFR 21.99(a)); and,
• Incorporating the corrective action in future production of the product to ensure the product is in condition for safe operation (14 CFR 21).

What are the responsibilities of aircraft owners/operators?

Aircraft owners and operators are responsible for ensuring compliance with the requirements of all ADs that apply to their product. Anyone who operates a product that does not meet the requirements of an applicable AD is in violation of 14 CFR 39.7.

Who first determines the need for an Airworthiness Directive (AD)?

The FAA Aircraft Certification Service’s Integrated Certificate Management Division (AIR-500) and Compliance and Airworthiness Division (AIR-700) oversee the continued operational safety (COS) of aerospace products, including aircraft, engines, propellers, and appliances. AIR-500 oversees COS for commercially operated transport category airplanes and related engines, while AIR-700 oversees COS for all other aircraft types (i.e., small airplanes, rotorcraft, vertical takeoff and landing vehicles, transport category business jets, and related engines and propellers).

The FAA evaluates potential unsafe conditions via a safety review process called a Corrective Action Review Board (CARB).  After the CARB determines that an unsafe condition exists in a domestic product and needs to be corrected with an AD, AIR-500 and AIR-700 initiate the AD.

AIR-500 and AIR-700 also are responsible for monitoring products manufactured in other countries that are approved for use in the United States. AIR-500 and AIR-700 initiate ADs as necessary, usually as a result of a safety determination by the foreign civil aviation authorities overseeing the product. 

What is the process for issuing an airworthiness directive?

Airworthiness Directives (ADs) are legally enforceable rules that the FAA issues in accordance with 14 CFR part 39 to correct an unsafe condition in a product. The FAA typically issues a notice of proposed rulemaking (NPRM) prior to finalizing an AD. The NPRM is published in the Federal Register, where the public is given a chance to comment before the FAA issues a final rule, which is also published in the Federal Register. ADs describe the unsafe condition, corrective actions required to mitigate the condition, background and context, and the legal justification. 

If an unsafe condition poses an imminent danger to pilots, crews or the flying public, the FAA may issue an immediately adopted rule (IAR) or emergency airworthiness directive (EAD), foregoing a notice. IARs are published in the Federal Register as a final rule with a request for public comments. EADs are sent directly to FAA registered owners and operators and take effect as soon as they are issued to those owners and operators. EADs are then published in the Federal Register in the form of a final rule with a request for public comments.