 |
| Purchase Information |
| Use this form to request purchase information on FAA online subscriptions. |
|
|
Document FAA FAA-IR-M-8040.1 is offered by IHS as part of an online subscription. This subscription contains many documents on the same topic.
You may also purchase this document alone from the IHS Standards Store.
FAA FAA-IR-M-8040.1 Document Information:
Title
AIRWORTHINESS DIRECTIVES MANUAL
Federal Aviation Administration
Publication Date:
May 28, 2008
Scope:
The purpose of the APA notice requirement is to ensure that the
public is provided a reasonable opportunity to comment on the
substance of a proposed rule. The courts have routinely recognized
the importance of compliance with this requirement by federal
agencies. If a final rule contains a provision that was not in the
proposed rule, and that provision increases the burden on the
public, the rule will not comply with this notice requirement. The
changed material would be considered to be "beyond the scope of the
notice." Such changes include (but are not limited to) adding or
significantly changing required actions, expanding applicability,
and reducing the compliance time.
On occasion, a comment that exceeds the scope of the notice may
raise an issue that should have been addressed in the proposed
rule. If such a change is necessary, whether based on a comment or
other new information, three options are available:
(a) The FAA may issue a supplemental notice of proposed
rulemaking (SNPRM), allowing the public to comment on the changes
before adopting a final rule; or
(b) The FAA may adopt a final rule that is "within the scope" of
the original proposal and immediately issue a new notice proposing
to supersede or otherwise amend the final rule with a new rule that
incorporates the necessary changes; or
(c) If the changes themselves address an urgent safety problem
sufficient to support a finding of "impracticability," the changes
can be included in the final rule, and the final rule issued as an
immediately adopted rule (that is, a "Final rule, request for
comment"). In this case, the Supplementary Information section
should include both the discussion of comments submitted regarding
the proposed rule and the required finding of impracticability
relating to the changes. Comments limited to the new issue should
also be solicited.
(d) Regarding options (2)(a) and (2)(b), the choice depends on
the urgency of the actions originally proposed in the notice, not
the issue raised by the commenter. If the actions are not urgent,
the first option is appropriate; if the actions must be taken as
soon as possible, the second option should be chosen.
(3) If the change involves a terminating action for a repetitive
inspection or operating limitation, the final rule can be revised
to include the terminating action as an option, since optional
actions do not impose additional burdens. If the terminating action
must be made mandatory, it can be mandated by a subsequent
rulemaking, beginning with an NPRM.
About IHS
IHS (NYSE: IHS) is a leading global provider of critical technical information, decision-support tools and related services in a number of industries including aerospace and defense, automotive, construction, electronics, and energy. IHS serves customers ranging from large governments and multinational corporations to smaller companies and technical professionals in more than 100 countries. IHS been in business for more than 45 years and employ more than 2,300 people around the world.
