title-14-part-11-sec11-71

Federal Aviation Administration, DOT

§ 11.71

UBLIC

EETINGS AND

THER

ROCEEDINGS

§ 11.51

May I request that FAA hold a

public meeting on a rulemaking ac-
tion?

Yes, you may request that we hold a

public meeting. FAA holds a public
meeting when we need more than writ-
ten comments to make a fully in-
formed decision. Submit your written
request to the address specified in the
rulemaking document on which you
are commenting. Specify at the top of
your letter or message that you are re-
questing that the agency hold a public
meeting. Submit your request no later
than 30 days after our rulemaking no-
tice. If we find good cause for a meet-
ing, we will notify you and publish a
notice of the meeting in the F

EDERAL

EGISTER

§ 11.53

What takes place at a public

meeting?

A public meeting is a non-adver-

sarial, fact-finding proceeding con-
ducted by an FAA representative. Pub-
lic meetings are announced in the F

ERAL

EGISTER

. We invite interested

persons to attend and to present their
views to the agency on specific issues.
There are no formal pleadings and no
adverse parties, and any regulation
issued afterward is not necessarily
based exclusively on the record of the
meeting.

ETITIONS FOR

ULEMAKING AND FOR

XEMPTION

§ 11.61

May I ask FAA to adopt, amend,

or repeal a regulation, or grant re-
lief from the requirements of a cur-
rent regulation?

(a) Using a petition for rulemaking,

you may ask FAA to add a new regula-
tion to title 14 of the Code of Federal
Regulations (14 CFR) or ask FAA to
amend or repeal a current regulation in
14 CFR.

(b) Using a petition for exemption,

you may ask FAA to grant you relief
from current regulations in 14 CFR.

§ 11.63

How and to whom do I submit

my petition for rulemaking or peti-
tion for exemption?

(a) To submit a petition for rule-

making or exemption—

(1) By electronic submission, submit

your petition for rulemaking or exemp-
tion to the FAA through the internet
at

http://www.regulations.gov, the Fed-

eral Docket Management System
website. For additional instructions,
you may visit

http://www.faa.gov, and

navigate to the Rulemaking home
page.

(2) By paper submission, send the

original signed copy of your petition
for rulemaking or exemption to this
address: U.S. Department of Transpor-
tation, Docket Operations, West Build-
ing Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590.

(b) Submit a petition for rulemaking

or exemption from part 139 of this
chapter—

(1) To the appropriate FAA airport

field office in whose area your airport
is, or will be, established; and

(2) To the U.S. Department of Trans-

portation, Docket Operations, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE., Wash-
ington, DC 20590 or by electronic sub-
mission to this Internet address:

http://

www.regulations.gov.

means by which you can submit peti-
tions in the future.

(d) Submit your petition for exemp-

tion 120 days before you need the ex-
emption to take effect.

[Amdt. 11–50, 69 FR 22386, Apr. 26, 2004, as
amended at 72 FR 68474, Dec. 5, 2007; Amdt.
11–55, 74 FR 202, Jan. 5, 2009; FAA–2016–6761,
Amdt. No. 11–62, 83 FR 28534, June 20, 2016]

§ 11.71

What information must I in-

clude in my petition for rule-
making?

(a) You must include the following

information in your petition for rule-
making:

(1) Your name and mailing address

and, if you wish, other contact infor-
mation such as a fax number, tele-
phone number, or e-mail address.

(2) An explanation of your proposed

action and its purpose.

(3) The language you propose for a

new or amended rule, or the language
you would remove from a current rule.

(4) An explanation of why your pro-

posed action would be in the public in-
terest.

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14 CFR Ch. I (1–1–24 Edition)

§ 11.73

(5) Information and arguments that

support your proposed action, includ-
ing relevant technical and scientific
data available to you.

(6) Any specific facts or cir-

cumstances that support or dem-
onstrate the need for the action you
propose.

(b) In the process of considering your

petition, we may ask that you provide
information or data available to you
about the following:

(1) The costs and benefits of your pro-

posed action to society in general, and
identifiable groups within society in
particular.

(2) The regulatory burden of your

proposed action on small businesses,
small organizations, small govern-
mental jurisdictions, and Indian tribes.

(3) The recordkeeping and reporting

burdens of your proposed action and
whom the burdens would affect.

(4) The effect of your proposed action

on the quality of the natural and social
environments.

§ 11.73

How does FAA process peti-

tions for rulemaking?

After we have determined the dis-

position of your petition, we will con-
tact you in writing about our decision.
The FAA may respond to your petition
for rulemaking in one of the following
ways:

(a) If we determine that your petition

justifies our taking the action you sug-
gest, we may issue an NPRM or
ANPRM. We will do so no later than 6
months after the date we receive your
petition. In making our decision, we
consider:

(1) The immediacy of the safety or se-

curity concerns you raise;

(2) The priority of other issues the

FAA must deal with; and

(3) The resources we have available

to address these issues.

(b) If we have issued an ANPRM or

NPRM on the subject matter of your
petition, we will consider your argu-
ments for a rule change as a comment
in connection with the rulemaking pro-
ceeding. We will not treat your peti-
tion as a separate action.

project in the subject area of your peti-
tion, we will consider your comments
and arguments for a rule change as

part of that project. We will not treat
your petition as a separate action.

(d) If we have tasked ARAC to study

the general subject area of your peti-
tion, we will ask ARAC to review and
evaluate your proposed action. We will
not treat your petition as a separate
action.

(e) If we determine that the issues

you identify in your petition may have
merit, but do not address an immediate
safety concern or cannot be addressed
because of other priorities and resource
constraints, we may dismiss your peti-
tion. Your comments and arguments
for a rule change will be placed in a
database, which we will examine when
we consider future rulemaking.

§ 11.75

Does FAA invite public com-

ment on petitions for rulemaking?

Generally, FAA does not invite pub-

lic comment on petitions for rule-
making.

§ 11.77

Is there any additional infor-

mation I must include in my peti-
tion for designating airspace?

In petitions asking FAA to establish,

amend, or repeal a designation of air-
space, including special use airspace,
you must include all the information
specified by § 11.71 and also:

(a) The location and a description of

the airspace you want assigned or des-
ignated;

(b) A complete description of the ac-

tivity or use to be made of that air-
space, including a detailed description
of the type, volume, duration, time,
and place of the operations to be con-
ducted in the area;

tion, air traffic control, surveillance,
and communication facilities available
and to be provided if we grant the des-
ignation; and

(d) The name and location of the

agency, office, facility, or person who
would have authority to permit the use
of the airspace when it was not in use
for the purpose to which you want it
assigned.