The U.S. FAA formally missed the congressionally set deadline to complete the Part 23 rewrite in December, prompting General Aviation Manufacturers Association president and CEO Pete Bunce to reiterate his call to the Obama Administration at least to expedite review of the proposal.

The notice of proposed rulemaking (NPRM) to overhaul light aircraft certification rules finally made its way for Office of Management and Budget (OMB) review on December 11–four days before the congressional mandate for the final rule. It was in late 2013 that Congress adopted the Small Airplane Revitalization Act directing the FAA to issue the final Part 23 rule by December 15.

In the final step before release of a proposed or final rulemaking, the OMB has 90 days to review NPRMs. Bunce and a number of lawmakers have appealed to the agency for a shortened review period. Bunce noted that over the past two years “the FAA has worked diligently to develop an NPRM.” But the FAA and other government agencies failed to get the proposal through the bureaucratic processes, he added. Bunce has feared that without timely release of a proposal, a final rule can become enmeshed in the upcoming change in the administration and run into years of delays.

“At a time when Americans are increasingly frustrated by their government and its lack of responsiveness and accountability, the absence of action on the Small Airplane Revitalization Act serves as yet another example of bureaucratic paralysis,” he said. “In the interests of general aviation safety and innovation, it is the strong desire of the entire general aviation community for the Administration to rapidly place priority on an effort to publish the NPRM.”

Industry: Urgent Need for Change

Bunce had hoped for release of the proposal by the end of December, the timeframe that FAA officials have long indicated as the target. In addition to Bunce, lawmakers in the Senate and House had expressed similar urgency.

In separate letters, the lawmakers told OMB director Shaun Donovan that the rewrite will enable timelier introduction of safer technologies and eliminate the prescriptive approach to compliance in favor of a consensus approach. “The FAA has stated this effort will double real-world safety while cutting certification costs in half,” they added, noting strong bi-partisan support for the effort.

The letters were signed by Reps. Mike Pompeo (R-Kan.), Dan Lipinski (D-Ill.), Frank LoBiondo (R-N.J.), Rick Larsen (D-Wash.), Sam Graves (R-Mo.), Todd Rokita (R-Ind.) and Rick Nolan (D-Minn.) and Sens. Amy Klobuchar (D-Minn.) and Lisa Murkowski (R-Alaska).

“Unfortunately, federal regulators are far behind in the rulemaking process for small airplane certification regulations,” said Pompeo, who was the driving force behind the legislation mandating the December 2015 deadline. Pompeo added during an interview with AIN that “the FAA has been a great partner working to get it down. Now we need to get the Administration and the OMB on board.”

Along with sending the letters, industry leaders also met personally with OMB officials. But by mid-January it was still uncertain when the OMB might complete its review.

Europe is ahead of the U.S. in the effort. The European Aviation Safety Agency issued an advance notice of proposed amendment last March to lay the groundwork for a rewrite of light aircraft certification rules. Comments on the advance proposal were due in May last year.