Ben Salisbury AS405 Definition Interpretive rule is a rule issued by an administrative agency that only clarifies or explains existing laws or regulations Need not meet the requirements of APA ID: 546195
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Slide1
Interpretive Rules
Ben Salisbury
AS405Slide2
Definition
Interpretive rule is a rule issued by an administrative agency that only clarifies or explains existing laws or regulations
Need not meet the requirements of
APA
Slide3
APA
Administrative Procedures Act
Enacted 11 June 1946
C
ategorizes administrative rules as
legislative rules
interpretive rules
procedural rules
and general statements of policy
I’ll only be talking about Interpretive Rules from here on.Slide4
Definition
Interpretive rule is a rule issued by an administrative agency that only clarifies or explains existing laws or regulations
N
eed not meet the requirements of
APA
notice to the public
opportunity for comment
Does not have the force of law. This is also called legislative rule or interpretative rule.
Slide5
Case Law
D
oes not attempt to create a new law or modify existing ones.[
i
]
O
nly provides clarifications or explanations to a statute or regulation.[ii]
C
reate no enforceable rights and only remind affected parties of existing duties. The rules merely state how an agency understands a statute. Interpretative rules only interpret the statute and thus guide the administrative agency in performing its duties. An interpretative statement simply indicates an agency’s reading of a statute.[iii]Slide6
Good Examples
Agency Manuals
Airplane Flying
Handbook (
FAA-H-8083-3A
)
Pilot’s Handbook of Aeronautical
Knowledge (
FAA-H-8083-25A
)
Guidelines
Guide to Probability of Failure Analysis for New Expendable Launch
Vehicles (
Link
)
Model
Aircraft Operating
Standards (
AC91-57
) Slide7
BAD Example!
Interpretation of the Special Rule for Model
Aircraft (
Link
)
P.L. 112-95 Sec 336
Attempts to create new laws, and modify existing laws
Stating the FAA can apply Any FAR to Model Aircraft operators
Presses an enforceable right to retroactively examine and prosecute any r/c flight on the grounds of making money even if it was over 80 years
ago (
Video
)
Just for posting the video onlineSlide8
Changing Interpretive Rules
Individuals, and corporate entities can file a brief in District or Circuit court of appeals
Must be filed in court 60 Days after effective date posted in
regulations.gov
Reviewing court will consider
If unconstitutional
Goes beyond the legal authority
Made without following Notice and Comment Period
Violates another law
Arbitrary, Capricious, or abuse of discretion
Their decision will be:
Vacates(Sets aside, or
nullifys
)
Upheld (Kept in)Slide9
An Example:
Legal: 5.3m A-380 Jet Turbine R/C
Aircraft (
Link
)
Illegal: DJI Phantom flying around for a
YouTuber
* (
Link
)
*
Youtuber
– someone that makes money off of YouTube
Which do YOU see as a Safer Activity?Slide10
**Note: there are multiple Petitions for Review in court right now regarding this Interpretive Rule. See:
THE ACADEMY OF MODEL AERONAUTICS, INC., v. FEDERAL AVIATION ADMINISTRATION
UAS AMERICA FUND, LLC, SKYPAN INTERNATIONAL INC., PETER SACHS (individually and d/b/a Drone Pilots Association), and FPV MANUALS, LLC (d/b/a
GetFPV
and
Lumenier
), v. FEDERAL AVIATION ADMINSTRATION
THE COUNCIL ON GOVERNMENTAL RELATIONS, v. FEDERAL AVIATION ADMINISTRATION