29
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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14 CFR Ch. I (1–1–24 Edition)
§ 11.29
this part. The FAA may establish other
rulemaking advisory committees as
needed to focus on specific issues for a
limited period of time.
§ 11.29
May FAA change its regulations
without first issuing an ANPRM or
NPRM?
The FAA normally adds or changes a
regulation by issuing a final rule after
an NPRM. However, FAA may adopt,
amend, or repeal regulations without
first issuing an ANPRM or NPRM in
the following situations:
(a) We may issue a final rule without
first requesting public comment if, for
good cause, we find that an NPRM is
impracticable, unnecessary, or con-
trary to the public interest. We place
that finding and a brief statement of
the reasons for it in the final rule. For
example, we may issue a final rule in
response to a safety emergency.
(b) If an NPRM would be unnecessary
because we do not expect to receive ad-
verse comment, we may issue a direct
final rule.
§ 11.31
How does FAA process direct
final rules?
(a) A direct final rule will take effect
on a specified date unless FAA receives
an adverse comment within the com-
ment period—generally 60 days after
the direct final rule is published in the
F
EDERAL
R
EGISTER
. An adverse com-
ment explains why a rule would be in-
appropriate, or would be ineffective or
unacceptable without a change. It may
challenge the rule’s underlying premise
or approach. Under the direct final rule
process, we do not consider the fol-
lowing types of comments to be ad-
verse:
(1) A comment recommending an-
other rule change, in addition to the
change in the direct final rule at issue.
We consider the comment adverse,
however, if the commenter states why
the direct final rule would be ineffec-
tive without the change.
(2) A frivolous or insubstantial com-
ment.
(b) If FAA has not received an ad-
verse comment, we will publish a con-
firmation document in the F
EDERAL
R
EGISTER
, generally within 15 days
after the comment period closes. The
confirmation document tells the public
the effective date of the rule.
(c) If we receive an adverse comment,
we will advise the public by publishing
a document in the F
EDERAL
R
EGISTER
before the effective date of the direct
final rule. This document may with-
draw the direct final rule in whole or in
part. If we withdraw a direct final rule
because of an adverse comment, we
may incorporate the commenter’s rec-
ommendation into another direct final
rule or may publish a notice of pro-
posed rulemaking.
[Docket No. FAA–1999–6622, 65 FR 50863, Aug.
21, 2000, as amended at 84 FR 71717, Dec. 27,
2019]
§ 11.33
How can I track FAA’s rule-
making activities?
The best ways to track FAA’s rule-
making activities are with the docket
number or the regulation identifier
number.
(a)
Docket ID. We assign a docket ID
to each rulemaking document pro-
ceeding. Each rulemaking document
FAA issues in a particular rulemaking
proceeding, as well as public comments
on the proceeding, will display the
same docket ID. This ID allows you to
search the Federal Docket Manage-
ment System (FDMS) for information
on most rulemaking proceedings. You
can view and copy docket materials
during regular business hours at the
U.S. Department of Transportation,
Docket Operations, West Building
Ground Floor, Room W12–140, 1200 New
Jersey Avenue, SE., Washington, DC
20590. Or you can view and download
docketed materials through the Inter-
net at
http://www.regulations.gov. If you
can’t find the material in the elec-
tronic docket, contact the person listed
under
FOR FURTHER INFORMATION
CONTACT
in the document you are in-
terested in.
(b)
Regulation identifier number. DOT
publishes a semiannual agenda of all
current and projected DOT
rulemakings, reviews of existing regu-
lations, and completed actions. This
semiannual agenda appears in the Uni-
fied Agenda of Federal Regulations,
published in the F
EDERAL
R
EGISTER
in
April and October of each year. The
semiannual agenda tells the public
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