Asci

Seongpil Youn

ASCI 404

Dr. Vincent Salvi

Sep 20, 2013

Mid Term

1. Describe administrative law procedures that apply to FAA rulemaking, enforcement and medical certification, including NTSB jurisdiction and judicial review.

According to 14 CFR Part 11, FAA must follow the Administrative Procedure Act for rulemaking. APA (Administrative Procedure Act) lists several steps to follow to make rules. First, the public should be informed about the proposed rules before the rules take effect to let the public can comment on the proposed rules and provide additional data to FAA. The public should be able to access the rulemaking record and analyze the data and analysis behind a proposed rule. Then, FAA collects and responds to the public’s comments. Next, FAA creates a permanent record of its analysis and the process. Then a final rule sets out new or revised requirements and their effective date. And FAA’s rulemaking actions can be reviewed by a judge or others to ensure the correct process was followed. This is basically how a rule is created by FAA.

FAA investigates the violation of a rule and enforces the rule. There are five types of actions that the FAA uses against to enforce the rules which are administrative action, reexamination, certificate action, civil penalty and criminal action. FAA uses administrative actions to violations of rules that are too minor to warrant legal enforcement action. The action takes the form of either a Warning Notice or a Letter of Correction. Warning Notice is a letter stating the violation of a rule and the Letter of Correction is a letter stating the violation of a rule and what the pilot should do to close the case. The remedial training program is an example of the Letter of Correction. So the pilot can except the letter or can write a letter back to FAA, denying the violation.

To get a medical certificate, the applicant must fill FAA Form 8500-8 through the FAA MedXPress (MedX) system and will receive a confirmation...