Trump's Regulation Review Temporarily Slows FAA ADs

 - February 2, 2017, 1:23 PM

Industry and FAA officials are working through the ramifications of U.S. President Donald Trump's executive orders for a 60-day halt of new rules for a regulatory review and a requirement that two regulations must be rescinded for every one issued. The Office of Management and Budget (OMB) is believed to be developing agency-specific guidance on implementing the orders. 

A regulatory review is fairly typical during administration turnovers, but the new review has created some confusion. Questions have loomed on the applicability of the review on some regulations, including safety regulations such as Airworthiness Directives. In fact, no new Airworthiness Directives have been issued by the FAA since the inauguration on January 20, and a number that had been sent to the Federal Register for publication were withdrawn. But the agency is said to be working with the OMB to lift the freeze on such safety regulations.

In a memorandum from Reince Priebus, assistant to the President and chief of staff, agency officials were told to hold off publishing new rules, including those sent to the Office of the Federal Register, for 60 days. That memo also instructed them to withdraw those already sent to the Federal Register. But at the same time, the memo referenced exceptions for “emergency situations or other urgent circumstances related to health, safety, financial or national security matters.”

The review might also push back implementation of certain rules such as Basic Med. The Part 23 rewrite, however, is not expected to be affected since its implementation date is not until August 30.

Industry groups are keeping a close eye on the other executive order, involving the two-for-one mandate, to ensure items such as special conditions—which are critical for certifying new products—do not get caught up in the requirements.