Q: It seems that the new part 147 is a done deal, but the publication says the comment period is open until 9/21/22. Should we comment?
A: The short answer is YES, we expect and encourage the community to comment on the interim final rule.
Long answer: Since Congress mandated that the FAA publish this very specific language, the agency has very little leeway to change the text. That said, Congress also directed the agency to issue the language as an "interim final rule," not a "final rule," meaning Congress also intended the agency to take public comment once the "final" rule was published. So, comments are encouraged and could potentially direct changes to the text if there was a very compelling reason. If additional rulemaking is deemed necessary given public comment, more likely the FAA would initiate a new rulemaking.
The FAA addresses this question and more in its FAQ document.
The New Part 147: Should We Submit Comments?
Q: It seems that the new part 147 is a done deal, but the publication says the comment period is open until 9/21/22. Should we comment?
A: The short answer is YES, we expect and encourage the community to comment on the interim final rule.
Long answer: Since Congress mandated that the FAA publish this very specific language, the agency has very little leeway to change the text. That said, Congress also directed the agency to issue the language as an "interim final rule," not a "final rule," meaning Congress also intended the agency to take public comment once the "final" rule was published. So, comments are encouraged and could potentially direct changes to the text if there was a very compelling reason. If additional rulemaking is deemed necessary given public comment, more likely the FAA would initiate a new rulemaking.
The FAA addresses this question and more in its FAQ document.
Categories
Most Recent Posts