4th Quarter Journal 2013 - (Page 57)

NATA Maintenance Perspective A Beginner's Guide to Rulemaking BY CAROL E. GILES Y ou must be wondering what also pass laws directing an agency to dive, you can find the text of the APA does rulemaking have to do take action on a certain subject and set under Title 5 of the United States Code with maintenance? In two a schedule for the agency to follow in (USC) beginning at Section 500. words: a lot. All maintenance regula- issuing the rule(s). A recent example is The first formal step is when the tions and airworthiness directives the congressional mandate for the FAA agency issues a Notice of Proposed derive from the rulemaking process. to issue regulations on flight and duty Rulemaking (NPRM). This is the of- More to the point of this column's time. Another example is the congres- ficial document that announces and topic, I received a resounding num- sionally-mandated TSA rule, although explains the agency's plan and justifi- ber of requests to explain this little- not directly related to maintenance, it cation for the rulemaking. Published understood topic. Herewith, compli- had huge impact on the repair sta- in the Federal Register, a NPRM ments of my years as a regulator, is tion part of our industry and still does notifies the public of the proposed a beginner's guide to rulemaking. today. For the most part, rulemaking rule and their opportunity to sub- You and I may have even more is the result of an agency's ongoing mit comments. The proposed rule in common than a passionate inter- review of its area of responsibility fol- and the public comments received est in aircraft maintenance, such as lowed by determinations of the areas form the basis of the final rule. having many years since we studied or objectives that require rulemak- U.S. government or attended a civics ing. Frequent subjects of rulemaking amble that summarizes the issues class. As a result, when I first ar- in aviation include new technologies, and actions under consideration and rived at the FAA's Washington HQ concerns arising from accidents, provides supplementary information and was assigned to a rulemaking recommendations from congressional that explains why the rule is necessary. project, I had no idea what I was committees or federal advisory com- The preamble discusses the merits of in for or how the system worked. mittees, and petitions from interested the proposal, cites pertinent data and Remember that famous quotation groups or members of the public. other information used to develop the A proposed rule includes a pre- about ignorance being bliss? That The Administrative Procedure Act action. This is important. Reading the may apply to some things, but, for (APA) is the federal law that creates a preamble can help you understand the me, it meant I had a lot to learn. framework for governing how federal agency's reasoning for developing the agencies propose and establish regula- NPRM. And, later when the rule is tions. The APA requires agencies to: ■■ Keep the public informed final, the preamble may also provide When you are in an industry as heavily regulated as ours, the last thing you want to be is ignorant. of procedures and rules. Nor is there anything blissful about developing regulations; it is hard ■■ tise to each regulatory project. Let's take a look at how regulations ing policy to complement the rule. Following the preamble is the in the rulemaking process. Establish uniform stan- is the meat of the NPRM since it spells out the amendments to the formal rulemaking. ■■ regulatory text of the proposal. This dards for the conduct of work. Those who labor at the process bring commitment and exper- Provide public participation context for the agency in develop- existing regulation. The regula- are developed and how the public can In addition, the APA requires a participate. As background, Congress "notice and comment" process, mean- the regulation we would see in the gives federal agencies the authority to ing that proposed rules are published Code of Federal Regulations. It may issue regulations. In addition to basic in the Federal Register, inviting the contain a revised numbering system, rulemaking authority, Congress can public to comment. For a deeper Aviation Business Journal | 4th Quarter 2013 tory text generally looks just like Continued on page 58 57

Table of Contents for the Digital Edition of 4th Quarter Journal 2013

President's Message
From the Ground Up
Navigating Through healthcare Reform
2013 International Update
Veterans Airlift command: they've got heart; they need wings
FAA Chief Counsel Interpretations
Free is a Very Good Price
Marketing Strategies for Driving Share of Wallet
State Tax Changes for 2013
A Beginner's Guide to Rulemaking
Advertiser's Index

4th Quarter Journal 2013