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Federal Aviation Administration, DOT 

§ 11.19 

Subpart A—Rulemaking 

Procedures 

§ 11.1

To what does this part apply? 

This part applies to the issuance, 

amendment, and repeal of any regula-
tion for which FAA (‘‘we’’) follows pub-
lic rulemaking procedures under the 
Administrative Procedure Act (‘‘APA’’) 
(5 U.S.C. 553). 

D

EFINITION OF

T

ERMS

 

§ 11.3

What is an advance notice of 

proposed rulemaking? 

An advance notice of proposed rule-

making (ANPRM) tells the public that 
FAA is considering an area for rule-
making and requests written com-
ments on the appropriate scope of the 
rulemaking or on specific topics. An 
advance notice of proposed rulemaking 
may or may not include the text of po-
tential changes to a regulation. 

§ 11.5

What is a notice of proposed 

rulemaking? 

A notice of proposed rulemaking 

(NPRM) proposes FAA’s specific regu-
latory changes for public comment and 
contains supporting information. It in-
cludes proposed regulatory text. 

§ 11.7

What is a supplemental notice of 

proposed rulemaking? 

On occasion, FAA may decide that it 

needs more information on an issue, or 
that we should take a different ap-
proach than we proposed. Also, we may 
want to follow a commenter’s sugges-
tion that goes beyond the scope of the 
original proposed rule. In these cases, 
FAA may issue a supplemental notice 
of proposed rulemaking (SNPRM) to 
give the public an opportunity to com-
ment further or to give us more infor-
mation. 

§ 11.9

What is a final rule? 

A final rule sets out new or revised 

requirements and their effective date. 
It also may remove requirements. 
When preceded by an NPRM, a final 
rule will also identify significant sub-
stantive issues raised by commenters 
in response to the NPRM and will give 
the agency’s response. 

§ 11.11

What is a final rule with re-

quest for comments? 

A final rule with request for com-

ment is a rule that the FAA issues in 
final (with an effective date) that in-
vites public comment on the rule. We 
usually do this when we have not first 
issued an ANPRM or NPRM, because 
we have found that doing so would be 
impracticable, unnecessary, or con-
trary to the public interest. We give 
our reasons for our determination in 
the preamble. The comment period 
often ends after the effective date of 
the rule. A final rule not preceded by 
an ANPRM or NPRM is commonly 
called an ‘‘immediately adopted final 
rule.’’ We invite comments on these 
rules only if we think that we will re-
ceive useful information. For example, 
we would not invite comments when we 
are just making an editorial clarifica-
tion or correction. 

§ 11.13

What is a direct final rule? 

A direct final rule is a type of final 

rule with request for comments. Our 
reason for issuing a direct final rule 
without an NPRM is that we would not 
expect to receive any adverse com-
ments, and so an NPRM is unnecessary. 
However, to be certain that we are cor-
rect, we set the comment period to end 
before the effective date. If we receive 
an adverse comment or notice of intent 
to file an adverse comment, we then 
withdraw the final rule before it be-
comes effective and may issue an 
NPRM. 

§ 11.15

What is a petition for exemp-

tion? 

A petition for exemption is a request 

to FAA by an individual or entity ask-
ing for relief from the requirements of 
a current regulation. 

§ 11.17

What is a petition for rule-

making? 

A petition for rulemaking is a re-

quest to FAA by an individual or enti-
ty asking the FAA to adopt, amend, or 
repeal a regulation. 

§ 11.19

What is a special condition? 

A special condition is a regulation 

that applies to a particular aircraft de-
sign. The FAA issues special conditions 
when we find that the airworthiness 

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