Question

The Federal Aviation Administration (FAA) proposes a new rule. During the comment period, an individual considered to one of the most experienced aviation experts in the country strongly disagrees with the rule and provides a wide variety of support for her position.

Required:
a. Must the FAA not pass the proposes rule based on this comment?
b. Must the FAA consider the comment when deliberating passing the new rule?

Answer 1

The Federal Aviation Administration (FAA)

a. No. The FAA can pass the proposed after taking into consideration the most experienced aviation expert's comments and views. After all, the new rule is still at the proposal stage and comments should be welcomed and duly considered.

b. Yes. The FAA must consider the expert's comment when deliberating on the new rule and before passing it. This is why it invited comments in the first instance.

Step-by-step explanation:

Comments made by aviation experts provide the most recent insight into aviation issues. Before passing aviation rules, the FAA should take the initiative to invite and review comments, deliberate on the issues raised, and modify the proposed new rules where necessary. Such comments provide free consulting advice and insight that ordinarily would cost FAA huge sums in consulting expenses. They should not be treated lightly. They should be accorded due recognition and deliberation.