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Federal Aviation Administration, DOT
§ 11.27
§ 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
regulations for an aircraft, aircraft en-
gine, or propeller design do not contain
adequate or appropriate safety stand-
ards, because of a novel or unusual de-
sign feature.
G
ENERAL
§ 11.21
What are the most common
kinds of rulemaking actions for
which FAA follows the Administra-
tive Procedure Act?
FAA follows the Administrative Pro-
cedure Act (APA) procedures for these
common types of rules:
(a) Rules found in the Code of Federal
Regulations;
(b) Airworthiness directives issued
under part 39 of this chapter; and
(c) Airspace Designations issued
under various parts of this chapter.
§ 11.23
Does FAA follow the same pro-
cedures in issuing all types of
rules?
Yes, in general, FAA follows the
same procedures for all rule types.
There are some differences as to which
FAA official has authority to issue
each type, and where you send peti-
tions for FAA to adopt, amend, or re-
peal each type. Assume that the proce-
dures in this subpart apply to all rules,
except where we specify otherwise.
§ 11.25
How does FAA issue rules?
(a) The FAA uses APA rulemaking
procedures to adopt, amend, or repeal
regulations. To propose or adopt a new
regulation, or to change a current reg-
ulation, FAA will issue one or more of
the following documents. We publish
these rulemaking documents in the
F
EDERAL
R
EGISTER
unless we name and
personally serve a copy of a rule on
every person subject to it. We also
make all documents available to the
public by posting them in the Federal
Docket Management System at
http://
www.regulations.gov.
(1) An advance notice of proposed
rulemaking (ANPRM).
(2) A notice of proposed rulemaking
(NPRM).
(3) A supplemental notice of proposed
rulemaking (SNPRM).
(4) A final rule.
(5) A final rule with request for com-
ments.
(6) A direct final rule.
(b) Each of the rulemaking docu-
ments in paragraph (a) of this section
generally contains the following infor-
mation:
(1) The topic involved in the rule-
making document.
(2) FAA’s legal authority for issuing
the rulemaking document.
(3) How interested persons may par-
ticipate in the rulemaking proceeding
(for example, by filing written com-
ments or making oral presentations at
a public meeting).
(4) Whom to call if you have ques-
tions about the rulemaking document.
(5) The date, time, and place of any
public meetings FAA will hold to dis-
cuss the rulemaking document.
(6) The docket number and regulation
identifier number (RIN) for the rule-
making proceeding.
[Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000,
as amended at 72 FR 68474, Dec. 5, 2007]
§ 11.27
Are there other ways FAA col-
lects specific rulemaking rec-
ommendations before we issue an
NPRM?
Yes, the FAA obtains advice and rec-
ommendations from rulemaking advi-
sory committees. One of these commit-
tees is the Aviation Rulemaking Advi-
sory Committee (ARAC), which is a
formal standing committee comprised
of representatives of aviation associa-
tions and industry, consumer groups,
and interested individuals. In con-
ducting its activities, ARAC complies
with the Federal Advisory Committee
Act and the direction of FAA. We task
ARAC with providing us with rec-
ommended rulemaking actions dealing
with specific areas and problems. If we
accept an ARAC recommendation to
change an FAA rule, we ordinarily pub-
lish an NPRM using the procedures in
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