Story ID: 
Huerta: Small Aircraft Rule in 'Executive Review'
By: Kerry Lynch
Caption: Huerta upheld the Part 23 rewrite as an example of how the agency is working to become more risk-based and flexible.
Word Count: 916
FAA Administrator Michael Huerta confirmed that the agency’s comprehensive rewrite of small aircraft certification requirements has moved into the “executive review” phase, marking one of the final steps before the rule becomes a reality. Speaking to the Aero Club of Washington on September 22, Huerta provided the update as he cited the rule as an example of how the agency is evolving into a more flexible, risk-based organization that works in tandem with industry.

While he didn’t provide specifics, the long-awaited rule is believed to have moved to the Department of Transportation for review.It is expected to take a dramatic new approach to certification by adopting risk-based consensus standards rather than reliance on the traditional prescriptive requirements. Following DOT approval, the rule would head to the Office of Management and Budget for a final review before its release. OMB would have 90 days to complete review, but many remain hopeful that the rule will be released by the end of the year.

The Administrator did, however, discuss the philosophy behind the rule. Noting that the agency had made only incremental improvements “around the edges” over the years, Huerta said, “It became obvious that we needed to overhaul our approach to certifying aircraft if we wanted to improve safety and to help products get to market faster.”

As for the changes in the Part 23 rule, Huerta said, “There’s a simple idea at the heart of it: the FAA doesn’t want to tell manufacturers how to build things. We’re not in the engineering business, and we can’t assume we have all the answers about the best way to develop an aircraft.”

Rather than requiring the technologies or designs, the rule would enable the agency to define the desired performance objectives. “This is a fundamental shift for our agency,” he said. “We’re not waiting around to find the best way to respond to a specific innovation. We’re creating an organization that can respond nimbly and flexibly to any innovation. Most important, this approach lets the dreamers and innovators do what they do best.”

Huerta added that the FAA wants to support progress—a message “I’ve been taking to every office, at every level, of the FAA.” The Administrator outlined other initiatives at the FAA that he said reflect this new direction for the agency. “I’ve challenged our teams to think differently, and I’ve seen some promising results,” he said. Huerta cited the release this year of “Got Data,” a campaign to improve public access to aeronautical information and seek out new data resources.

The FAA’s Aeronautical Information Services division has roots back to 1926, when charts were drawn by hand, he noted. “Now it would have been very easy for this group to dig in and insist that the core function of their office was to print paper charts,” he said. “But instead, they’ve done something I believe is essential for any organization that wants to evolve. They stepped back and said, ‘Are we asking the right questions about what we do?’”

Instead of printing charts, the office focused on delivering aviation data. Huerta conceded there was some initial resistance. But the office put priority on the importance of easing access to information.

The Got Data campaign spurred feedback that has led to creation of a Data Innovation Center to serve as a central location for aeronautical data, as well as the launch of automated digital product downloads that make it easier for users to take advantage of the most up-to-date information. “This is only the beginning for Got Data—and for the transformation of our Aeronautical Information Services division,” he said.

He also cited NextGen efforts: “We’re on track to meet our NextGen objectives by 2025. But NextGen is delivering real, measurable benefits today. And it’s happening at an accelerated pace that’s being driven by industry needs.”

He noted that this effort includes the use of data communications, or Data Comm, which enables air traffic controllers and pilots to transmit flight plans and communicate other messages by text instead of radio transmissions. While seemingly simple, he said, the technology is demonstrating efficiencies in the system. “In fact, we estimate that Data Comm will save operators more than $10 billion over the next 30 years, along with saving the FAA about $1 billion.”

The FAA launched initial trials at Newark and Memphis International Airports and worked with United Airlines, FedEx and UPS to measure time and fuel savings. Soon afterward, the government/industry-based NextGen Advisory Board asked the agency to prioritize Data Comm.

“We had originally created a plan that would widely deploy Data Comm at airports over the course of three years,” Huerta noted. “Instead, we used the lessons learned in Newark and Memphis to condense it to one.” Data Comm was operational at five airports at the beginning of the year. Now it is operational at 44 ATC towers and is on pace for deployment at 50 by the end of the year—two years ahead of schedule.

“In the right circumstances, we can really stretch far and do incredible things,” Huerta said, noting some people have told him that “they can’t wait for certain initiatives to be over so they can get back to their ‘real jobs.’ But this is our 'real job.' This is the new normal.”