MGMT520 - WEEK 2 ASSIGNMENT

Jorge Hernandez

ASSIGNMENT QUESTIONS:
1. Identify the administrative agency (full name, not just the acronym) which controls the regulation. Briefly explain why this agency and your proposed regulation interests you. If this proposed regulation will affect you or the business in which you are working, please explain how. It is not required that the proposed regulation affect you professionally or personally. You can use any regulation for this assignment so long as you are able to answer the questions posed here (Questions 1-5).

Answer:
Airworthiness Directives: The Boeing Company Airplanes
Agency: Federal Aviation Administration (FAA)
Action: Notice of proposed rulemaking (NPRM)
I do travel a lot through different airlines so reading this interests me because regular customers like us wouldn’t even notice of such problems and this could make anyone think twice before getting in an airplane. Even though this will not affect me economically, having the idea that something is wrong with the airplanes, could make me not travel and visit my family for a while.
2. Describe the proposal/change in your own words.

Answer:
Airworthiness Directives are required to do repetitive functional checks for blockage of the forward strut drain line, and doing corrective actions; and a one-time cleaning of certain forward strut drain lines. This repeated inspections will to detect and correct blockage of forward strut drain lines, which could cause flammable fluids to collect in the forward strut area and potentially cause an uncontrolled fire or cause failure of engine attachment structure and consequent airplane loss.
3. Write a comment which you would submit to the administrative agency regarding this proposed regulation. (For example, are you in favor of the proposed regulation or against it? Why?) If the deadline for comments has already passed, write the comment you would have submitted had there been time. Also, explain briefly what you wish to accomplish with your comment.

Answer:
I am in favor of the proposed repetitive inspections checks for blockage of the forward strut drain line in the 777-200 and -300 series airplanes equipped with Pratt and Whitney engines. In my opinion, I believe that doing such inspections could help the company identify the problem faster and come up with a quick solution. The safety of the passengers and your aircraft, especially the passengers, should be the biggest concern and most important fact. I hope you start with inspections soon enough. And if any problems are found, repairs must be performed approved by both: Boeing Company Airplanes and the FFA.
4. Provide the "deadline" (date) by which comments are (or were) due. If the due date has already passed, please provide when the deadline was. (NOTE: If you cannot find the answer to this question, you probably have not found a proposed regulation and you should look for a different one to complete your assignment.)

Answer:
Comments must be received by September 22, 2014.
5.
a. To what does your comment's submission legally entitle you? In other words, once you have submitted your comment, what will you be legally entitled to do later in the promulgation process (if you should choose to do so)?
Every administrative agency have a policy to afford the public an opportunity to participate in the rulemaking process. As a traveler, I agree with that policy since my safety and the safety of my family is my biggest concern. Knowing that something might go wrong in the plane, will be always in my mind by boarding one; and it can even change my mind, changing one airlines for another and therefore, the airline would lose customers, productivity and respect. I would give my opinion and concerns in such meetings; and also have evidence to make them notice of past incidents. On May 24, 2013, we issued AD 2013-11-14, Amendment 39-17474 (78 FR 35749, June 14, 2013), for certain The Boeing Company Model 777-200 and -300 series airplanes. AD 2013-11-14 currently requires repetitive general visual inspections of the strut forward dry bay for hydraulic fluid contamination, and related investigative and corrective actions if necessary. On April 12, 2011, we issued AD 2011-09-11, Amendment 39-16673 (76 FR 24354, May 2, 2011), for certain The Boeing Company Model 777-200 and -300 series airplanes. AD 2011-09-11 requires repetitive inspections for hydraulic fluid contamination of the interior of the strut disconnect assembly; repetitive inspections for discrepancies of the interior of the strut disconnect assembly, if necessary; repetitive inspections of the exterior of the strut disconnect assembly for cracks, if necessary; corrective action if necessary; and an optional terminating action for the inspections.
b. If the proposal passes, identify and explain the five legal challenges you could use in an attempt to have the regulation declared invalid and overturned. (Start a new paragraph for each of the five challenges). (1 point for identifying each of the 5 challenges and 1 point for explaining each of the 5 challenges for a total of 10 points)
1. The first ground on which to challenge an agency rule is that it is arbitrary, capricious, an abuse of discretion, or in violation of some other law. This standard is generally applied to informal rulemaking and simply requires the agency to show evidence to support the proposed rule. Without such evidence, the rule can be held arbitrary and capricious.
2. A second theory for challenging an agency’s regulation is that the regulation is unsupported by substantial evidence. This substantial evidence test is applied in the review of formal and hybrid rulemaking. Where the arbitrary and capricious standard simply requires some proof or basis for the regulation, substantial evidence requires that more convincing evidence exist in support of the regulation than against it.
3. A third ground on which to challenge an agency’s regulation involves the rule that a regulation can be set aside if the agency did not apply with the APA requirements of notice, publication, and public comment or input. The procedures for rulemaking must be followed in order for the regulatory process and resulting rules to be valid. An agency that seeks public comment for the purposes of drafting legislation cannot then turn the legislation into rules after the comment period.
4. Another basis for challenging a regulation is that the regulation is unconstitutional. Many challenges based on constitutional grounds deal with regulations that give an agency authority to search records or that impose discriminatory requirements for licensed professionals.
5. Another theory for challenging a regulation in court is ultra vires, a Latin term meaning “beyond its powers.” An ultra vires regulation is one that goes beyond the authority given to the agency in its enabling act. Although t most agencies stay clearly within their authority, if an agency tries to change the substance and purpose of the enabling through regulation, the regulations would be ultra vires.
c. Which of these challenges would be the best way to challenge the regulation you selected for this assignment and why?

The best way to challenge the regulation is by the second theory stating that the regulation is unsupported by substancial evidence. The FAA clearly shows evidence of the problem by doing some research and tests with the different airplanes. And it states that it hasn’t been the first time. I can understand that some their research may be inaccurate and it could cost money but they understand that our safety and the safety of the airplane is more important that their productivity.