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Air Transport Association of America v. Department of Transportation

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Bloomberg Law

Citation. 900 F.2d 369, 283 U.S. App. D.C. 385 (D.C. Cir. 1990)

Brief Fact Summary. The Federal Aviation Administration (FAA) established Penalty Rules that set forth a schedule of civil penalties for violations of the Federal Aviation Act (Act) without first giving notice and an opportunity to comment.

Synopsis of Rule of Law. Section:553(b)(A) of the Administrative Procedure Act (APA) provides an exception to the notice and opportunity to comment exception for “rules of agency organization, procedure or practice.”

Facts. The FAA dispensed with notice and comment procedure before promulgating its Penalty Rules, claiming that they fell under the Section:553(b)(A) exception and were exempt from those requirements. Air Transport Association of America (Petitioner) contended that the Penalty Rules were invalid because the FAA failed to comply with the notice and comment requirements of the APA.

Issue. Was the FAA required to give notice and an opportunity to comment before promulgating its civil penalty rules?

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