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Old 05-19-2021, 09:57 AM
  #9  
ugleeual
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Joined APC: Jun 2007
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Originally Posted by hvydvr View Post
Semantics. From law.com:

regulationsn. rules and administrative codes issued by governmental agencies at all levels, municipal, county, state and federal. Although they are not laws, regulations have the force of law, since they are adopted under authority granted by statutes, and often include penalties for violations. One problem is that regulations are not generally included in volumes containing state statutes or federal laws but often must be obtained from the agency or located in volumes in law libraries and not widely distributed. The regulation-making process involves hearings, publication in governmental journals which supposedly give public notice, and adoption by the agency. The process is best known to industries and special interests concerned with the subject matter, but only occasionally to the general public. Federal regulations are adopted in the manner designated in the Administrative Procedure Act (A.P.A.) and states usually have similar procedures.

The FAA has exclusive executive authority to regulate aviation activities and proscribe regulations that accomplish that. Just because there is no jail time doesn’t lessen the ability of the FAA to regulate that activity either.
The mask mandate is not a law. Laws require an elected body to pass them by a vote and then signed into law by another elected rep (mayor, governor, president). The EO only defines a policy that defines an existing regulation that does not specifically address the topic... it’s regulatory in nature and can only charge civil penalties which will probably not hold any water if challenged ... again, because it’s not a law. The only real teeth is airline companies having the ability to restrict violators from flying on their airlines if they refuse... but of course they’d prefer the government to step in so they can appear impartial.
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