MY 2 CENTS By Randy Rowles BRIDGING THE GAP


A few weeks ago, a longtime friend and fellow flight instructor reached out to me regarding a regulatory issue surrounding logging night vision goggles (NVG) and night flight time consecutively. Many in the NVG industry, including Federal Aviation Administration (FAA) staff, believe they are to be logged independently. However, it is indeed permissible to log NVG and night flight time consecutively. But don’t take my word for it. Please follow this link and scroll down the pages to Section 29 to find the answer around the third paragraph: [https://www. federalregister.gov/documents/2009/08/21/E9-19353/pilot- flight-instructor-and-pilot-school-certification]


The Federal Aviation Regulations (FARs) are the cornerstone of safe, consistent aviation practices in the U.S., governing everything from aircraft maintenance to pilot certification. Yet, an often overlooked element of FARs is their preambles, the foundational text accompanying many rules that provides critical insight into the intent, scope, and reasoning behind the regulation. These preambles, while not legally binding in the same way as the regulations themselves, offer an indispensable interpretive lens for understanding how and why a rule exists. Despite their importance, there is an alarming lack of awareness and underutilization of these preambles among aviation professionals; it’s a gap that not only limits operational understanding but also hinders the industry.


The preambles to the FARs are more than just dry, bureaucratic introductions. They tell the story of a regulation’s creation, thereby reflecting input from stakeholders, the regulatory agency’s rationale, and the anticipated aviation community impacts. They often include summaries of public comments received during the rulemaking process, and the FAA’s responses to those comments. By reading these preambles, one can gain insight into the nuances of a regulation, clarify ambiguities, and reveal the broader safety or operational concerns that prompted the rule’s adoption.


However, most aviators, mechanics, and even regulatory compliance officers rarely delve into these preambles. Training programs for pilots and technicians tend to focus exclusively on the regulatory text itself, emphasizing compliance rather than comprehension. The result is a rote learning approach that neglects the regulations’ broader context. Pilots learn to follow the rules but often lack an understanding of the “why” behind them. This can lead to a narrow interpretation of regulatory requirements, sometimes resulting in decisions that technically meet the letter of the law but fall short of its spirit. In an industry where safety is paramount, such a gap in understanding can have significant consequences.


The neglect of FAR preambles is not due solely to a lack of knowledge or apathy. The structure of aviation education and


8 Nov/Dec 2024


THE UNTAPPED VALUE OF FAR PREAMBLES IN AVIATION


the demands of the profession also play a role. The sheer volume of information that aviation professionals must absorb is daunting, and training programs are designed to prepare individuals to pass exams and operate within the regulatory framework efficiently. Delving into the historical and contextual details of preambles is often viewed as a luxury, secondary to mastering operational requirements. Additionally, the preambles themselves are not readily accessible or well publicized. Unlike the FARs, which are systematically organized and updated in widely available manuals and digital platforms, preambles are buried in the Federal Register or other regulatory publications, making them less convenient to consult.


This lack of engagement with preambles is not just an issue for frontline professionals; it also extends to many of those responsible for interpreting and enforcing regulations. Aviation inspectors and compliance officers often base their decisions on a FAR’s plain language without referencing the preamble, potentially leading to inconsistent enforcement or misinterpretation of the rules. For example, a regulation may appear overly restrictive or vague when read in isolation, but its preamble might provide clarity by explaining the specific risks it seeks to mitigate or the circumstances under which exceptions might apply. Without this context, both regulated parties and regulators are left to make educated guesses, which can foster frustration and inefficiency.


The broader implications of this issue are significant. As aviation continues to evolve with advancements in technology, changing airspace demands, and shifting societal priorities, the regulatory framework must also adapt. Understanding the historical and contextual foundation of existing regulations is essential for shaping effective future policies. Preambles serve as a roadmap to the FAA’s thought processes and priorities, which can inform constructive feedback during the rulemaking process. Yet, without widespread familiarity with the preambles, industry stakeholders are at a disadvantage when it comes to advocating for meaningful regulatory change or navigating emerging regulatory challenges.


Promoting greater awareness and use of FAR preambles within the aviation community will require a cultural shift and structural changes regarding how regulatory information is disseminated and taught. For starters, aviation training programs should incorporate discussions of preambles into their curricula. Instead of focusing solely on the regulatory text, educators can use preambles to illustrate the reasoning behind certain rules, thus fostering a deeper understanding of regulatory principles. This approach could also encourage critical thinking and would not only enhance regulatory compliance, but also empower professionals to make more informed decisions in complex, real-world situations.


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