Federal Aviation Administration, This has great implications to my current job. The company that I work for is currently under contract to develop the ground stations of ADS-B infrastructure to be put in place.
This proposal requires that all aircraft that fly within the National Airspace System (NAS), to have onboard at minimum an ADS-B transmitter by 2020. These changes will allow the ATC better control over congested airspace and allows for more favorable environmental conditions by reducing flight time and air traffic delays by providing better route information to pilots and ATC for the NEXTGEN aerospace upgrades and ...view middle of the document...
Once I have made my comment on the rules during their proposal stage I can challenge the validity of the rules in court. An administrative rule can be challenged on several different grounds (Jennings, 2008).
1. Arbitrary/Capricious - the rules are not arbitrary and demonstrate necessity based on public safety.
2. Insufficient Evidence – which the security of our NAS will be secure.
3. Unconstitutional - There are no impacts based on the Commerce Clause or any other Constitutional basis since this regulation is nationwide.
4. Violation of Administrative Procedures Act – this regulation has certain limitations and is not required by all aircraft flying within the NAS.
5. Ultra Vires - there are not any indications that any of the agencies involved are acting outside of their jurisdiction or imposing regulations that conflict with their own primary purpose.
I would have to use insufficient evidence for the fact that national security can be breach by security breaches of this system allowing for improper information being to the ATC or aircraft pilots causing accidents and loss of life.
FAA Begins Air Traffic Control Overhaul. (2008). Traffic World, 272(49), 15. Retrieved from EBSCOhost
(South Western Educational Publishing, 01/2008. p. 194). Jennings, Marianne M. . Business: Its Legal, Ethical, and Global Environment, 8th Edition.