Originally Posted by
OldSF3Dude
The FAA can use emergency rule to skip all the comment, etc. Some senators at the hearing I watched were urging the FAA to use this power to push reform through more quickly. I don't remember if the senators wanted this for specific rules, or for all reform in general. The senators seemed much more keen on this than the FAA.
An emergency rule without public comment would guarantee lawsuits from the airline associations.
Lack of due process combined with highly questionable grounds for the exercise of emergency authority would give the airlines a lot of ammo to overthrow the rules in court.
Following the full NPRM process or letting congress legislate will give the new rules more staying power.