So, what to make of this week's court order
calling on FAA to explain why its drug and alcohol rulemaking
didn't follow the rules?
I asked a lawyer friend who, A) knows a bit about the law (as many lawyers do), and B) has some aviation experience on the C.V.
The general response: the order probably won't derail FAA's drug and alcohol testing rules. It will, however, require FAA to follow the Regulatory Flexibility Act
and perform a final regulatory flexibility analysis (FRFA) to determine the rule's impact on small businesses. It also suggests that FAA really didn't give much thought to the law's requirement to drug test "at any tier
" in the maintenance contracting chain.
Finally, the court's decision underscores that these companies
are getting their membership dollars' worth.
Always good to have someone watching your back in this town