Air Transport Association of America vs. Federal Aviation Act - Essay Example

The Federal Aviation Act acknowledges the need for notice and opportunity for a hearing on the record. The congress provides such a regulatory procedure in regard to section 554 of the APA. Before previous amendments, the FAA did not have any enforcement power on penalty violation cases. It had to refer them to the United States Attorney for prosecution. Few such cases were prosecuted. The FAA was granted the authority, by congress, to indict penalty violations administratively. In the case ‘Air Transport Association of America vs.

DOT and FAA (1990),’ the circuit court held that the FAA could not initiate fresh prosecutions until the penalty rules were re-promulgated. The court’s decision was valid on two grounds: Firstly, the FAA placed exemptions on the Penalty Rules that were not in line with the notice and comment requirements of section 553b of the APA. Secondly, the FAA claimed that the notice and comment requirement distorted the effective prosecution of any violation. The rule of law requires the promulgation of rules that govern the negotiation of a civil penalty to be non-exceptional from section 553 of the congress.

The FAA was subjective in formulating the exemptions, which indicated a case of noncompliance to section 553 and 554 of the congress. Congress granted the FAA the authority to prosecute penalty violations. The FAA on its part did not adhere to section 554 that requires all prosecutions to be granted notice and opportunity for a hearing on the record. It also assumed that the case was too small to warrant public participation. Civil parties have the right to present themselves in the defence of a prosecution by the act.

The ruling by the circuit court was, by all means, justified. It is, therefore, important for the FAA to have mandatory compliance with section 553 of the congress.