30 Dec When the Federal Aviation

2.3 – Assignment: Web Search – Civil Aviation Security Rules

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The Jennings text (2016, p. 184) briefly describes the public comment period applicable to the administrative agency rulemaking process. Moreover, as the Emerson text states (2015, p. 41), “the federal Administrative Procedures Act [APA], may require that the agency …afford interested parties the opportunity to submit written or oral comments” [emphasis in original]. The Federal Aviation Administration used to have responsibility for aviation security, but this authority was transferred to the Transportation Security Administration in response to the activities on September 11, 2001. Any Notice of Proposed Rule Making, also required by the APA, is to include guidance on the comment period, i.e., those who might/may be affected by, or otherwise interested in, the proposed rule, are offered the opportunity to provide input to the agency regarding their thoughts on the proposed rule.

Using your Web browser:

Access http://www.gpo.gov (Links to an external site.)Links to an external site.

In the upper left of the page, click on the “FDsys: GPO’s Federal Digital System”.

Under the Browse heading, in the far right column of the webpage, select Federal Register.

In the column of years listed, click on “2002”.

Next, click on “February” under “2002”.

Then, click on “Friday, February 22” under “February”.

From here, you have two options:

Option 1:

Just above and to the right of the listing of departments/agencies, and to the right of “View Entire Issue,” click on either the “PDF” or “XML” link.

Finally, scroll down to page 8339.

Option 2: (more clicks, but this may be quicker and more direct to the pages you need)

Click on “Transportation Department” in the listing of departments/agencies.

Where it says “Civil Aviation Security Rules, Pages 8340-8384 [FR DOC # 02-4081]” to the right of that click on either the “PDF” or “Text” link.

Briefly address whether, when the rulemaking which transferred civil aviation authority from the FAA to the TSA, the above normal rulemaking guidelines were followed. If not, how did the process differ, e.g., was there a Notice of Proposed Rulemaking, was there a comment period and was there any comment period before the rule became final (effective).

On another administrative matter, the Jennings text is generally accurate when it states “the first step in an appeal of an ALJ decision is not to a court but to the agency itself” (2015, p. 200). However, as you may have already begun to notice from your readings, there are frequent, if not always, exceptions (i.e., very few “absolutes”).

When the Federal Aviation Act of 1958 was passed, it provided that appeals from airmen certificate actions, i.e., suspensions/revocations/etc., would be heard by the Civil Aeronautics Board. That is no longer the case. Who now possesses the appeal authority described above? Provide citations, i.e., both Title and Section for your answer in both the United States Code and the Code of Federal Regulations (e.g., 49 U.S.C. 46110(a) or 49 C.F.R. 821.64(a)).

As you’ve already had some experience in this course with searching these resources (i.e., the U.S.C. and C.F.R.), how to get there will not be spelled out. Obviously, using the search strategy employed in Module 1 will be helpful. However, it should also be clear that this should not take a substantial amount of time (or angst), so if, after multiple efforts, you have been unsuccessful, inform the instructor of the specific search efforts/terms you have used, and the instructor can assist you.

Finally, according to the United States Code, is the appeal to the federal courts from the final agency decision on such an appealed decision possible, and if so, by whom? Again, also provide the citation.

Please view your classmate’s responses to the activity. You are not required to respond but are strongly encouraged to reply to your peers.