The notice of proposed rulemaking (NPRM) for the proposed revision of Part 23, published by the FAA in March, is a remarkable document. During an election campaign in which the inability of Washington to get anything done is a central theme, the NPRM is a libertarian’s fever dream of deregulation. It’s hard to imagine how bureaucrats, notoriously more timid than hermit crabs, were able to emerge from the crusty shelters of decades to stretch their limbs like awakening Olympians. The NPRM is not just a superficial rewrite; it’s a fundamental rethinking of one of the FAA’s principal roles.
Technicalities: Simplifying Part 23
Key Takeaways:
- The FAA's proposed revision of Part 23 fundamentally shifts small-airplane certification from prescriptive design requirements to performance-based and risk-based standards.
- This modernization effort aims to streamline the certification process by replacing outdated weight and propulsion-based categories with new ones defined by passenger capacity and cruising speed.
- The revision emphasizes achieving safety outcomes, allowing for industry-developed "consensus standards" as a means of compliance, and seeks to reduce regulatory barriers while harmonizing with international requirements.
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