34
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.
(c) If we have begun a rulemaking
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;
(c) A description of the air naviga-
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.
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