C.F.R. » Title 14 » CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER C—AIRCRAFT › PART 39—AIRWORTHINESS DIRECTIVES

14 C.F.R. § 39.5

When does FAA issue airworthiness directives?

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FAA issues an airworthiness directive addressing a product when we find that:

(a) An unsafe condition exists in the product; and

(b) The condition is likely to exist or develop in other products of the same type design.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2007–2021 · leading case: Airmotive Eng'g Corp. v. Fed. Aviation Admin., 882 F.3d 1157 (D.C. Cir. 2018).
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Airmotive Eng'g Corp. v. Fed. Aviation Admin., 882 F.3d 1157 (D.C. Cir. 2018). · cites it 2× “Yet FAA regulations, 14 C.F.R. § 39.5 (b), in addition to the FAA's methodology in assessing risk, call for a comparative analysis of cylinder failure.”
Sikkelee ex rel. Est. Sikkelee v. Precision Airmotive Corp., 45 F. Supp. 3d 431 (M.D. Penn. 2014). “” 14 C.F.R. § 39.5 (2004). The Directive "specif[ies] inspections you [i.”
Specter v. Rainbow King Lodge, Inc. (D. Alaska 2020). “Airworthiness Directives and Flight Manual Supplement #4 RAC seeks to preclude Plaintiffs’ expert witnesses from testifying about AD CF-2016-05, and its subsequent revision, AD FAA 2016-10-03, and FMS #4.”
Kamps, Inc. v. Mustang Aviation, Inc. (E.D. Ky. 2020). “” 14 CFR 39.5. “Airworthiness directives specify inspections you must carry out, conditions and limitations you must comply with, and any actions you must take to resolve an unsafe condition.”
Honda Jet Ltd., L.L.C. v. Honda Aircraft Co., LLC (M.D.N.C. 2021). “[t]he condition is likely to exist or develop in other [aircraft] of the same type design,” 14 C.F.R. § 39.5 . -5- omitted)), and “governing law” (id.”
Restricted Category Aircraft Ass'n v. Sturgell, 258 F. App'x 98 (9th Cir. 2007). “” 14 C.F.R. § 39.5 (a). We conclude that the FAA’s decision to rely on Honeywell’s fifing analysis and field inspection of virgin and retired parts—as opposed to accident forensics, operational history or safety record—was reasonable and supported by substantial evidence.”
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