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- The FAA is proposing a fundamental revision of Part 23 small aircraft certification rules, replacing outdated, prescriptive design requirements with performance-based and risk-based standards.
- New certification categories will be based on passenger count and cruising speed, eliminating old weight and propulsion-based classifications.
- The revised rules shift compliance from detailed design prescriptions to requiring applicants to demonstrate that their designs meet safety goals, often using industry-developed "consensus standards."
- This deregulation aims to streamline the certification process, reduce regulatory barriers, and harmonize U.S. standards with international aviation authorities while maintaining safety.
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