New Administration Freezes Pending Regs

How this affects the BasicMed and Part 23 reforms.

Gemini Sparkle

Key Takeaways:

  • Concerns arose that a new presidential order freezing regulations might delay the implementation of BasicMed and Part 23 aircraft certification rules.
  • However, the effective dates for BasicMed (May 1) and Part 23 (August 30) fall outside the 60-day delay window specified by the order, so they are expected to proceed as planned.
  • These regulations are also legally structured to automatically take effect one year after being signed, making them largely immune to indefinite delays, with medical reform unable to be pushed past July 15, 2017.
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After all the work to make it happen on time, there has been concern over the past few days that the implementation of the third class medical reform rule might be pushed back a few months. This comes from an order issued by the new presidential administration to freeze new and pending regulations. As part of that order, the start date for any regulation not yet in effect could be delayed by up to 60 days from the issue of the memorandum. So does this directive stand to affect BasicMed and the new Part 23 aircraft certification rules?

white-house

The effective date for BasicMed is May 1. The Part 23 rewrite lands on August 30. Fortunately, both of these fall outside of the 60-day window. They should still happen as planned, though there is room for the FAA to extend the freeze beyond the original effective date if itdecides, for some reason, that itneeds to take more time. In the case of these specific regulations, there can’t be too much delay. They were written in such a way that they automatically kick in one year after the president signed them. Even an Executive Order can’t legally stop them. That means the medical reform rule can’t go into effect any later than July 15, 2017.

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Kate O'Connor

Kate is a private pilot, certificated aircraft dispatcher, and graduate of Embry-Riddle Aeronautical University.
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