Week 2 Homework Template
Douglas P. Molina
Week 2 TCO B Homework:
You will be able to upload both attachments in the same Dropbox. The Dropbox allows you to attach multiple documents in the same submission. Failure to submit your proposed regulation will result in a loss of 5 points. You will not be able to submit it after your assignment has been graded. (10 points)
Airworthiness Directives; The Boeing
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
2. Describe the proposal/change in your own words. (10 points)
Airworthiness Directive that would require repetitive inspections for inspection ...view middle of the document...
If cracking is found during inspection repair will be performed using method approved by Boeing and the FAA prior to further flight operations of the aircraft
4. Provide the "deadline" (date) by which comments are (or were) due. If the due date has already passed, please provide when the deadline was. (NOTE: If you cannot find the answer to this question, you probably have not found a proposed regulation and you should look for a different one to complete your assignment.) (5 points)
Comments must be received by November 19, 2013
a. To what does your comment's submission legally entitle you? In other words, once you have submitted your comment, what will you be legally entitled to do later in the promulgation process (if you should choose to do so)? (See the textbook's discussion of the Administrative Procedure Act.) (2 points)
All administrative agencies, including the FAA have a policy to afford the public a meaningful opportunity to participate in the rulemaking process. The process begins in the FAA were there experts involved in the research and study in the mechanical soundness of an aircraft airframes identify a potential for weakness around the forward air door due to repeated decompression of the aircraft. From this engineering study based on specific models of Boeing aircraft an Airworthiness Directive is published in the Federal Register. At this point the public is given 30 days to submit comments. Wherever practicable, hearings can be held regionally. All comments are incorporated into the rule. At this point the proposal is either withdrawn or promulgated. The final stage is open to any court challenges.
b. If the proposal passes, identify and explain the five legal challenges you could use in an attempt to have the regulation declared invalid and overturned? (Start a new paragraph for each of the five challenges). (1 point for identifying each of the 5 challenges and 1 point for explaining each of the 5 challenges for a total of 10 points)
1) The first ground on which to challenge and agency rule is that is is...