The Wings Are Blowing...But Are They Really Changing?

The landscape of personal aviation is experiencing a significant transformation with the confluence of the 2024 FAA Reauthorization Bill, Chevron deference, and the MOSAIC rule. These three elements are shaping the regulatory framework that governs personal aviation activities, impacting both industry stakeholders and enthusiasts alike. In this essay, we will explore how these factors intersect and influence the future of personal aviation.

The Federal Aviation Administration (FAA) plays a crucial role in regulating and overseeing all aspects of civil aviation in the United States. The FAA Reauthorization Bill is a legislative instrument that authorizes funding and sets policy priorities for the FAA. The 2024 FAA Reauthorization Bill, passed by Congress, aims to modernize and streamline regulations to accommodate the evolving landscape of personal aviation. This bill introduces provisions that seek to enhance safety, promote innovation, and address emerging challenges in the sector. The aircraft that may be operated on a BasicMed certificate increased to 12,500 lbs gross weight and are upgraded to 7 seats from 6. This legislation lays the groundwork for the aircraft contemplated in the MOSAIC rulemaking still under public and FAA scrutiny.

Chevron deference is a legal doctrine derived from a landmark Supreme Court case, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984). This doctrine dictates that courts should defer to an administrative agency's interpretation of ambiguous statutes if it is reasonable. In the context of personal aviation, Chevron deference plays a significant role in how courts interpret and apply FAA regulations. The deference given to the FAA's expertise and decisions can shape the implementation and enforcement of rules that impact personal aviation activities. To the extent that the Chevron Deference defeat plays in future rulemaking is unclear at this time and likely won’t be revealed for several years to come. But it provides a real means to challenge FAA interpretation and enforcement of onerous rulings against pilots and mechanics alike.

The Modernization of Special Airworthiness Certification (MOSAIC) rule is a regulatory initiative by the FAA aimed at modernizing the certification and airworthiness standards for new technologies in aviation and is an expansion of the Light Sport Aircraft category now two decades old. This rule is particularly relevant to personal aviation as it seeks to accommodate the integration of innovative aircraft designs, such as electric vertical takeoff and landing (eVTOL) vehicles and drones, into the national airspace. By establishing new certification pathways and performance standards, the MOSAIC rule paves the way for the safe and efficient operation of next-generation aircraft in personal aviation. MOSAIC, like the SportPlane regulations implemented in 2004, promises to revive the personal aviation landscape by increasing the type, performance, durability, and safety of airplanes the typical personal aviator desires. When FAA and industry advocates finish crafting the bill (some day...), it is hoped what is left will be a legitimate and forthright ruling that is as practical to institute as it is beneficial in aiding the personal aircraft owner and operator.

The confluence of the 2024 FAA Reauthorization Bill, Chevron deference, and the MOSAIC rule has profound implications for personal aviation enthusiasts, manufacturers, and operators. The regulatory reforms introduced by the FAA Reauthorization Bill provide a framework for fostering innovation while ensuring safety and compliance. Chevron deference influences how courts interpret and uphold FAA regulations, shaping the legal landscape for personal aviation activities. The MOSAIC rule sets the stage for integrating advanced technologies into personal aviation, opening new possibilities for aerial mobility and unmanned aerial systems and aids in personal aircraft ownership through regulatory relief.

The interplay between the 2024 FAA Reauthorization Bill, Chevron deference, and the MOSAIC rule is reshaping the regulatory environment for personal aviation. These three elements converge to promote safety, innovation, and efficiency in the sector, laying the groundwork for a future where personal aviation thrives. As stakeholders navigate these regulatory developments, they must adapt to the changing landscape and embrace the opportunities presented by these transformative forces. Personal aviation is on the cusp of a new era, driven by regulatory reforms that seek to propel the industry forward into a realm of unprecedented possibilities.

FMI: www.faa.gov