regulation change??

[Tug Driver]

can the FAA just change any reg they want, when they want to? Or is there a "due process." If so, who is the body that makes that call?

 

[JAFI]

Look at FAR 11......


JAFI

________________________________________________
PART 11—GENERAL RULEMAKING PROCEDURES

Section Contents
[size=-1]
Subpart A—Rulemaking Procedures[/size]
[size=-1]§ 11.1 To what does this part apply?[/size]
[size=-1]
Definition of Terms[/size]
[size=-1]§ 11.3 What is an advance notice of proposed rulemaking?[/size]
[size=-1]§ 11.5 What is a notice of proposed rulemaking?[/size]
[size=-1]§ 11.7 What is a supplemental notice of proposed rulemaking?[/size]
[size=-1]§ 11.9 What is a final rule?[/size]
[size=-1]§ 11.11 What is a final rule with request for comments?[/size]
[size=-1]§ 11.13 What is a direct final rule?[/size]
[size=-1]§ 11.15 What is a petition for exemption?[/size]
[size=-1]§ 11.17 What is a petition for rulemaking?[/size]
[size=-1]§ 11.19 What is a special condition?[/size]

 

[midlifeflyer]

can the FAA just change any reg they want, when they want to? Or is there a "due process." If so, who is the body that makes that call?

There is a standard procedure for all federal agencies when they make new rules. In general, the agency creates the rule and then publishes it in the Federal Register as a "Notice of Proposed Rulemaking" also called "Proposed Rule" or "NPRM."

Following the publication of the NPRM, there is a comment period, during which the interested public is invited to submit comments about the proposals. The length of the period and where comments are to be sent are set out in the NPRM itself.

After the comment period, the agency publishes a "Final Rule." In addition to the rule and finally written, the Final Rule documentation usually contains a discussion of the comments that were received and the reasons why the rule was adopted.

There are a few variations. One is when the agency believes that the rule needs to be done right away, without the normal comment period. A recent example is the TSA rule about flight student citizenship. The same process was followed, with one exception. Instead of a "Proposed Rule" being the first step, the first step is an "Interim Final Rule" which becomes effective right away, while the comment period is going on.

Who makes the final call? Ultimately the courts. Someone challenges a rule, usually because (1) the agency did not follow the property procedure or (2) the rule itself was beyond the agency's authority, which is set by federal statute or (3) the rule is contrary to law, whether statutory or constitutional.