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Old October 26th 05, 03:15 PM
Gary Drescher
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Default AIM is pseudo-regulatory

"TaxSrv" wrote in message
...
Not peculiar, but basic adminsistrative law. The article is
referring to the recent Merrill csae, where a Court of Appeals
concluded that an agency (such as FAA) may interpret its own rules
as it wishes, under a principle called "due deference." This is
found throughout federal litigation. Agency publications (like the
AIM) may thus be cited in support of a FAR violation.


It's the "thus" that I'm not following. The AIM purports to recommend best
practices; it does not, in general, purport to put forth interpretations of
the FARs (though it does occasionally make reference to particular FARs). So
deference to the FAA's reasonable interpretation of the FARs doesn't
immediately imply deference to the AIM's recommendations, as far as I can
tell.

--Gary