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 ter.
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.
