Regulatory Reform

Regulatory reform. The phrase alone generally tends to make one cringe. Why? Because when we hear it, we expect more regulation, and regulation by its very nature creates limits, prohibitions, and/or requirements on how we conduct ourselves and our businesses in the course of operating aircraft for a living.

I'll readily admit I don't spend a lot of time (nearly none) keeping up on proposed reform. But I can. And so can you, by subscribing to and regularly reading the Federal Register, in which all federal agencies must publish their rulemaking actions (unless emergency in nature) for public review.

In the April 28, 2017 publishing of the Federal Register, the FAA assigned the Aviation Rulemaking Advisory Committee (ARAC) a new task to consider (1) recommendations on existing regulations that are good candidates for repeal, replacement, or modification; and (2) recommendations on regulatory action identified in the FAA's regulatory agenda.

Yes, you read that right: repeal, replacement, or modification.

This action follows the February 24, 2017 Executive Order titled "Enforcing the Regulatory Reform Agenda" requiring each federal agency to establish a Regulatory Reform Task Force (RRTF) to evaluate existing regulations and make recommendations for their repeal, replacement, or modification.

And here's an important point. As part of this process, the RRTF is required to seek input/assistance from entities significantly affected by its regulations. Good news…that includes us! You and me. The industry.

It is important to note that the ARAC has specific guidance to follow in this tasking and evaluation. They are to attempt to identify regulations that:

1. Eliminate jobs, or inhibit job creation;
2. Are outdated, unnecessary, or ineffective;
3. Impose costs that exceed benefits; or
4. Create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies.

We've actually witnessed the result of some recent efforts to reform regulations in the BasicMed changes that took effect May 1. This example of reform shows the FAA and industry effort to carefully consider an important regulation and implement changes which (1) do not diminish safety and (2) are in the public interest.

So how do you provide input to the ARAC? It's pretty simple really. Follow this link. If you miss the comment period, you can still provide input once a proposed regulation change is published in the Federal Register.

To stay abreast of rulemaking proposals and activity, subscribe to the Federal Register.

Remember, you can have a voice in the formation of regulations, but you have to get involved. So stay informed, be aware, and participate in the process.