First, for those readers who don't have access to the May, 1987 entry of the Legal Log, some background on the rulemaking process. The FAA is conducting its proceedings under the Federal Administrative Procedure Act of 1946 (APA). Under the APA, there are three types of rules: (1) procedural rules, which establish internal procedures within an agency; (2) interpretive rules, which interpret the agency's governing statute—such rules are respected by the courts, although courts not bound by the viewpoint of the rule; and (3) legislative rules, which have the force and legal effect of a law passed by Congress.
The APA also provides for two types of rulemaking procedures by federal agencies: formal and informal. The more commonly used procedure is the so-called "notice and comment" informal rulemaking process. In that type of proceeding, the federal agency establishes a docket for the rulemaking proceeding and publishes a "notice of proposed rulemaking" (NPRM) in Federal Register, which is a document (the size of a telephone directory) published daily by the federal government and contains notices of all government rulemaking activities. Under the APA, there is usually a 30 or 60 day comment period on proposed rules described in the NPRM. The agency publishes a final rule after review of the submitted comments, and in the announcement of its final rule, the agency responds to submitted comments. The APA will permit an agency to adopt rules before publication in its final form, provided a comment period and any changes necessary take place promptly.
The FAA, however, is following the formal rulemaking procedures of the APA. Under this process, the agency, as with the informal process, establishes a docket for the proceeding through the Chief Counsel and publishes a notice of proposed rulemaking in the Federal Register. It announces a series of trial-type hearings to hear witnesses and receive evidence and statements from witnesses. Following these hearings, the FAA will review the entire evidentiary record of witness testimony, whether given in person at the hearings or submitted in writing, and a fact finder will summarize the conclusions and findings of fact adduced at these hearings. The responsible officials of the FAA will then prepare, based upon their evaluation of the facts presented, the rule to be adopted in the Notice of Final Rules, which is also published in the Federal Register.
Under the regulatory review proceeding for FAR Parts 61, 141 and 143, the FAA held public meetings in Washington, DC, Chicago, IL, Los Angeles, CA , and Orlando, FL in 1989 to solicit public comments on revision of the certification rules for pilots, flight instructors, pilot schools, and ground instructors. Written comments were also accepted as part of the hearing process.
Legally, written comments need not be in any specific format, other than submitting the comments in triplicate. Thus, the effectiveness of comments submitted by an interested person depends on his/her ability to persuade others in writing. One should approach preparing the written comments logically and clearly, i.e., state one's position or concerns which are pertinent, and support them, when possible with those facts or documents that illustrate one's position on the issues involved in Parts 1, 61, 141, and 143. Submit any written comments to:
Federal Aviation Administration
Office of the Chief Counsel, Attention:
Rules Docket (AGC-10), Docket No. 25910
800 Independence Avenue, SW.,
Washington, DC 20591.
All comments must be marked "Docket No. 25910."
For additional information, the FAA suggests that you contact:
John Lynch
Certification Branch, AFS-840
General Aviation and Commercial Division
Flight Standards Service
Federal Aviation Administration
800 Independence Avenue, SW.
Washington, DC 20591
Phone (202) 267-3844
A deadline of December 11, 1995 has been established by which comments must be received.