BasicMed Not Impacted By Regulatory Hold Order

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Key Takeaways:

  • BasicMed reforms are confirmed not to be impacted by the new administration's suspension of federal regulations.
  • This exemption is due to the BasicMed rule's effective date being beyond the 60-day suspension period and its status as a regulation subject to a statutory deadline.
  • The FAA was legally required by a July 2016 bill to publish BasicMed rules by January 2017, further ensuring its implementation.
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The suspension of all new federal regulations by the incoming administration will not impact BasicMed reforms, as had been feared by some in the aviation community. The directive issued on Jan. 20 by White House Chief of Staff Reince Priebus halts publication of new regulations until approved by an agency director appointed by the incoming administration and suspends the effectiveness of previously published regulations for 60 days. The published effective date of the BasicMed rule, May 1, 2017, is more than 60 from the Jan. 20 directive, which exempts BasicMed from this directive. Additionally, the directive excludes those regulations subject to statutory deadlines.

The FAA reauthorization bill signed by President Obama in July 2016 required the FAA to publish rules for thirdclass medical reform no later than January 2017, providing an additional level of assurance that BasicMed will not be impacted by the regulatory hold.

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