title-14-part-11

SUBCHAPTER B—PROCEDURAL RULES

PART 11—GENERAL RULEMAKING

PROCEDURES

Subpart A—Rulemaking Procedures

Sec.
11.1

To what does this part apply?

EFINITION OF

ERMS

11.3

What is an advance notice of proposed

rulemaking?

11.5

What is a notice of proposed rule-

making?

11.7

What is a supplemental notice of pro-

posed rulemaking?

11.9

What is a final rule?

11.11

What is a final rule with request for

comments?

11.13

What is a direct final rule?

11.15

What is a petition for exemption?

11.17

What is a petition for rulemaking?

11.19

What is a special condition?

ENERAL

11.21

What are the most common kinds of

rulemaking actions for which FAA fol-
lows the Administrative Procedure Act?

11.23

Does FAA follow the same procedures

in issuing all types of rules?

11.25

How does FAA issue rules?

11.27

Are there other ways FAA collects

specific rulemaking recommendations
before we issue an NPRM?

11.29

May FAA change its regulations with-

out first issuing an ANPRM or NPRM?

11.31

How does FAA process direct final

rules?

11.33

How can I track FAA’s rulemaking ac-

tivities?

11.35

Does FAA include sensitive security

information and proprietary information
in the Federal Docket Management Sys-
tem (FDMS)?

11.37

Where can I find information about an

Airworthiness Directive, an airspace des-
ignation, or a petition handled in a re-
gion?

11.38

What public comment procedures does

FAA follow for Special Conditions?

11.39

How may I participate in FAA’s rule-

making process?

11.40

Can I get more information about a

rulemaking?

RITTEN

OMMENTS

11.41

Who may file comments?

11.43

What information must I put in my

written comments?

11.45

Where and when do I file my com-

ments?

11.47

May I ask for more time to file my

comments?

UBLIC

EETINGS AND

THER

ROCEEDINGS

11.51

May I request that FAA hold a public

meeting on a rulemaking action?

11.53

What takes place at a public meeting?

ETITIONS FOR

ULEMAKING AND FOR

XEMPTIONS

11.61

May I ask FAA to adopt, amend, or re-

peal a regulation, or grant relief from
the requirements of a current regula-
tion?

11.63

How and to whom do I submit my peti-

tion for rulemaking or petition for ex-
emption?

11.71

What information must I include in

my petition for rulemaking?

11.73

How does FAA process petitions for

rulemaking?

11.75

Does FAA invite public comment on

petitions for rulemaking?

11.77

Is there any additional information I

must include in my petition for desig-
nating airspace?

11.81

What information must I include in

my petition for an exemption?

11.83

How can I operate under an exemption

outside the United States?

11.85

Does FAA invite public comment on

petitions for exemption?

11.87

Are there circumstances in which FAA

may decide not to publish a summary of
my petition for exemption?

11.89

How much time do I have to submit

comments to FAA on a petition for ex-
emption?

11.91

How does FAA inform me of its deci-

sion on my petition for exemption?

11.101

May I ask FAA to reconsider my peti-

tion for rulemaking or petition for ex-
emption if it is denied?

11.103

What exemption relief may be avail-

able to federal, state, and local govern-
ments when operating aircraft that are
not public aircraft?

Subpart B—Paperwork Reduction Act

Control Numbers

11.201

Office of Management and Budget

(OMB) control numbers assigned under
the Paperwork Reduction Act.

UTHORITY

: 49 U.S.C. 106(f), 106(g), 40101,

40103, 40105, 40109, 40113, 44110, 44502, 44701–
44702, 44711, 46102, and 51 U.S.C. 50901–50923.

OURCE

: Docket No. FAA–1999–6622, 65 FR

50863, Aug. 21, 2000, unless otherwise noted.

DITORIAL

OTE

: Nomenclature changes to

part 11 appear at 61 FR 18052, April 24, 1996.

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14 CFR Ch. I (1–1–24 Edition)

§ 11.1

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).

EFINITION OF

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, we will either
publish a document withdrawing the
direct final rule before it becomes ef-
fective and may issue an NPRM, or
proceed by any other means permitted
under the Administrative Procedure
Act, 5 U.S.C. 551

et seq., consistent with

procedures at 49 CFR 5.13(l).

[Docket No. FAA–1999–6622, 65 FR 50863, Aug.
21, 2000, as amended at 84 FR 71717, Dec. 27,
2019]

§ 11.15

What is a petition for exemp-

tion?

A petition for exemption is a request

to the FAA by an individual or entity
asking for relief from the requirements
of a current regulation. For petitions
for waiver of commercial space trans-
portation regulations, see part 404 of
this title.

[FAA–2016–6761, Amdt. No. 11–62, 83 FR 28534,
June 20, 2016]

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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.

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

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

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

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

EGISTER

, generally within 15 days

after the comment period closes. The

confirmation document tells the public
the effective date of the rule.

we will advise the public by publishing
a document in the F

EDERAL

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

EGISTER

April and October of each year. The
semiannual agenda tells the public

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Federal Aviation Administration, DOT

§ 11.40

about DOT’s—including FAA’s—regu-
latory activities. DOT assigns a regula-
tion identifier number (RIN) to each
individual rulemaking proceeding in
the semiannual agenda. This number
appears on all rulemaking documents
published in the F

EDERAL

EGISTER

and makes it easy for you to track
those rulemaking proceedings in both
the F

EDERAL

EGISTER

and the semi-

annual regulatory agenda.

[Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000,
as amended at 72 FR 68474, Dec. 5, 2007]

§ 11.35

Does FAA include sensitive se-

curity information and proprietary
information in the Federal Docket
Management System (FDMS)?

(a)

Sensitive security information. You

should not submit sensitive security
information to the rulemaking docket,
unless you are invited to do so in our
request for comments. If we ask for
this information, we will tell you in
the specific document how to submit
this information, and we will provide a
separate non-public docket for it. For
all proposed rule changes involving
civil aviation security, we review com-
ments as we receive them, before they
are placed in the docket. If we find that
a comment contains sensitive security
information, we remove that informa-
tion before placing the comment in the
general docket.

(b)

Proprietary information. When we

are aware of proprietary information
filed with a comment, we do not place
it in the docket. We hold it in a sepa-
rate file to which the public does not
have access, and place a note in the
docket that we have received it. If we
receive a request to examine or copy
this information, we treat it as any
other request under the Freedom of In-
formation Act (5 U.S.C. 552). We proc-
ess such a request under the DOT pro-
cedures found in 49 CFR part 7.

[Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000,
as amended at 72 FR 68474, Dec. 5, 2007]

§ 11.37

Where can I find information

about an Airworthiness Directive,
an airspace designation, or a peti-
tion handled in a region?

The FAA includes most documents

concerning Airworthiness Directives,
airspace designations, or petitions han-
dled in a region in the electronic dock-

et. If the information isn’t in the dock-
et, contact the person listed under

FOR

FURTHER INFORMATION CONTACT

in the F

EDERAL

EGISTER

document

about the action.

§ 11.38

What public comment proce-

dures does the FAA follow for Spe-
cial Conditions?

Even though the Administrative Pro-

cedure Act does not require notice and
comment for rules of particular appli-
cability, FAA does publish proposed
special conditions for comment. In the
following circumstances we may not
invite comment before we issue a spe-
cial condition. If we don’t, we will in-
vite comment when we publish the
final special condition.

(a) The FAA considers prior notice to

be impracticable if issuing a design ap-
proval would significantly delay deliv-
ery of the affected aircraft. We con-
sider such a delay to be contrary to the
public interest.

(b) The FAA considers prior notice to

be unnecessary if we have provided pre-
vious opportunities to comment on
substantially identical proposed spe-
cial conditions, and we are satisfied
that new comments are unlikely.

§ 11.39

How may I participate in FAA’s

rulemaking process?

You may participate in FAA’s rule-

making process by doing any of the fol-
lowing:

(a) File written comments on any

rulemaking document that asks for
comments, including an ANPRM,
NPRM, SNPRM, a final rule with re-
quest for comments, or a direct final
rule. Follow the directions for com-
menting found in each rulemaking doc-
ument.

(b) Ask that we hold a public meeting

on any rulemaking, and participate in
any public meeting that we hold.

that asks us to adopt, amend, or repeal
a regulation.

§ 11.40

Can I get more information

about a rulemaking?

You can contact the person listed

under

FOR FURTHER INFORMATION

CONTACT

in the preamble of a rule.

That person can explain the meaning

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14 CFR Ch. I (1–1–24 Edition)

§ 11.41

and intent of a proposed rule, the tech-
nical aspects of a document, the termi-
nology in a document, and can tell you
our published schedule for the rule-
making process. We cannot give you in-
formation that is not already available
to other members of the public. The
Department of Transportation policy
regarding public contacts during rule-
making appears at 49 CFR 5.19.

[Docket No. FAA–1999–6622, 65 FR 50863, Aug.
21, 2000, as amended at 84 FR 71717, Dec. 27,
2019]

RITTEN

OMMENTS

§ 11.41

Who may file comments?

Anyone may file written comments

about proposals and final rules that re-
quest public comments.

§ 11.43

What information must I put in

my written comments?

(a) Your written comments must be

in English and must contain the fol-
lowing:

(1) The docket number of the rule-

making document you are commenting
on, clearly set out at the beginning of
your comments.

(2) 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.

(3) Your information, views, or argu-

ments, following the instructions for
participation in the rulemaking docu-
ment on which you are commenting.

(b) You should also include all mate-

rial relevant to any statement of fact
or argument in your comments, to the
extent that the material is available to
you and reasonable for you to submit.
Include a copy of the title page of the
document. Whether or not you submit
a copy of the material to which you
refer, you should indicate specific
places in the material that support
your position.

§ 11.45

Where and when do I file my

comments?

(a) Send your comments to the loca-

tion specified in the rulemaking docu-
ment on which you are commenting. If
you are asked to send your comments
to the Federal Document Management
System, you may send them in either
of the following ways:

(1) By mail to: U.S. Department of

Transportation, Docket Operations,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

(2) Through the Internet to

http://

www.regulations.gov.

(3) In any other manner designated

by FAA.

(b) Make sure that your comments

reach us by the deadline set out in the
rulemaking document on which you
are commenting. We will consider late-
filed comments to the extent possible
only if they do not significantly delay
the rulemaking process.

tronic comments if they are frivolous,
abusive, or repetitious. We may reject
comments you file electronically if you
do not follow the electronic filing in-
structions at the Federal Docket Man-
agement System Web site.

[Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000,
as amended at 72 FR 68474, Dec. 5, 2007]

§ 11.47

May I ask for more time to file

my comments?

Yes, if FAA grants your request for

more time to file comments, we grant
all persons the same amount of time.
We will notify the public of the exten-
sion by a document in the F

EDERAL

EGISTER

. If FAA denies your request,

we will notify you of the denial. To ask
for more time, you must file a written
or electronic request for extension at
least 10 days before the end of the com-
ment period. Your letter or message
must—

(a) Show the docket number of the

rule at the top of the first page;

(b) State, at the beginning, that you

are requesting an extension of the com-
ment period;

for the extension and that an extension
is in the public interest;

(d) Be sent to the address specified

for comments in the rulemaking docu-
ment on which you are commenting.

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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.

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§ 11.91

§ 11.81

What information must I in-

clude in my petition for an exemp-
tion?

You must include the following infor-

mation in your petition for an exemp-
tion and submit it to FAA as soon as
you know you need an exemption.

(a) 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;

(b) The specific section or sections of

14 CFR from which you seek an exemp-
tion;

the reason you seek the relief;

(d) The reasons why granting your re-

quest would be in the public interest;
that is, how it would benefit the public
as a whole;

(e) The reasons why granting the ex-

emption would not adversely affect
safety, or how the exemption would
provide a level of safety at least equal
to that provided by the rule from
which you seek the exemption;

(f) A summary we can publish in the

EDERAL

EGISTER

, stating:

(1) The rule from which you seek the

exemption; and

(2) A brief description of the nature

of the exemption you seek;

(g) Any additional information, views

or arguments available to support your
request; and

(h) If you want to exercise the privi-

leges of your exemption outside the
United States, the reason why you
need to do so.

§ 11.83

How can I operate under an ex-

emption outside the United States?

If you want to be able to operate

under your exemption outside the
United States, you must request this
when you petition for relief and give us
the reason for this use. If you do not
provide your reason or we determine
that it does not justify this relief, we
will limit your exemption to use within
the United States. Before we extend
your exemption for use outside the
United States, we will verify that the
exemption would be in compliance with
the Standards of the International
Civil Aviation Organization (ICAO). If
it would not, but we still believe it
would be in the public interest to allow
you to do so, we will file a difference

with ICAO. However, a foreign country
still may not allow you to operate in
that country without meeting the
ICAO standard.

§ 11.85

Does FAA invite public com-

ment on petitions for exemption?

Yes, FAA publishes information

about petitions for exemption in the
F

EDERAL

EGISTER

. The information

includes—

(a) The docket number of the peti-

tion;

(b) The citation to the rule or rules

from which the petitioner requested re-
lief;

action requested and the reasons for re-
questing it; and

(e) A request for comments to assist

FAA in evaluating the petition.

§ 11.87

Are there circumstances in

which FAA may decide not to pub-
lish a summary of my petition for
exemption?

The FAA may not publish a summary

of your petition for exemption and re-
quest comments if you present or we
find good cause why we should not
delay action on your petition. The fac-
tors we consider in deciding not to re-
quest comment include:

(a) Whether granting your petition

would set a precedent.

(b) Whether the relief requested is

identical to exemptions granted pre-
viously.

your petition would affect you ad-
versely.

(d) Whether you filed your petition in

a timely manner.

§ 11.89

How much time do I have to

submit comments to FAA on a peti-
tion for exemption?

The FAA states the specific time al-

lowed for comments in the F

EDERAL

EGISTER

notice about the petition. We

usually allow 20 days to comment on a
petition for exemption.

§ 11.91

How does FAA inform me of its

decision on my petition for exemp-
tion?

The FAA will notify you in writing

about its decision on your petition. A
copy of this decision is also placed in

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14 CFR Ch. I (1–1–24 Edition)

§ 11.101

the public docket. We will include the
docket number associated with your
petition in our letter to you.

[Doc. No. FAA–2005–22982, 71 FR 1485, Jan. 10,
2006]

§ 11.101

May I ask FAA to reconsider

my petition for rulemaking or peti-
tion for exemption if it is denied?

Yes, you may petition FAA to recon-

sider your petition denial. You must
submit your request to the address to
which you sent your original petition,
and FAA must receive it within 60 days
after we issued the denial. For us to ac-
cept your petition, show the following:

(a) That you have a significant addi-

tional fact and why you did not present
it in your original petition;

(b) That we made an important fac-

tual error in our denial of your original
petition; or

pret a law, regulation, or precedent.

§ 11.103

What exemption relief may be

available to federal, state, and local
governments when operating air-
craft that are not public aircraft?

The Federal Aviation Administration

may grant a federal, state, or local
government an exemption from part A
of subtitle VII of title 49 United States
Code, and any regulation issued under
that authority that is applicable to an
aircraft as a result of the Independent
Safety Board Act Amendments of 1994,
Public Law 103–411, if—

(a) The Administrator finds that

granting the exemption is necessary to
prevent an undue economic burden on
the unit of government; and

(b) The Administrator certifies that

the aviation safety program of the unit
of government is effective and appro-
priate to ensure safe operations of the
type of aircraft operated by the unit of
government.

[68 FR 25488, May 13, 2003]

Subpart B—Paperwork Reduction

Act Control Numbers

§ 11.201

Office of Management and

Budget (OMB) control numbers as-
signed under the Paperwork Reduc-
tion Act.

(a) The Paperwork Reduction Act of

1995 (44 U.S.C. 3501–3520) requires FAA

to get approval from OMB for our in-
formation collection activities, and to
list a record of those approvals in the
F

EDERAL

EGISTER

. This subpart lists

the control numbers OMB assigned to
FAA’s information collection activi-
ties.

(b) The table listing OMB control

numbers assigned to FAA’s informa-
tion collection activities follows:

14 CFR part or

section identified

and described

Current OMB control number

Part 13.5 ............

2120–0795

Part 14 ...............

2120–0539

Part 17 ...............

2120–0632

Part 21 ...............

2120–0018, 2120–0552

Part 34 ...............

2120–0508

Part 39 ...............

2120–0056

Part 43 ...............

2120–0020

Part 45 ...............

2120–0508

Part 47 ...............

2120–0024, 2120–0042

Part 48 ...............

2120–0765

Part 49 ...............

2120–0043

Part 60 ...............

2120–0680

Part

61 ...............

2120–0021, 2120–0034, 2120–0543,

2120–0571

Part 63 ...............

2120–0007

Part

65 ...............

2120–0022, 2120–0535, 2120–0571,

2120–0648

Part 67 ...............

2120–0034, 2120–0543

Part 77 ...............

2120–0001

Part

89 ...............

2120–0781, 2120–0782, 2120–0783,

2120–0785.

Part

91 ...............

2120–0005, 2120–0026, 2120–0027,

2120–0573, 2120–0606, 2120–0620,
2120–0631, 2120–0651

Part 93 ...............

2120–0524, 2120–0606, 2120–0639

Part 101 .............

2120–0027

Part 105 .............

2120–0027, 2120–0641

Part

107 .............

2120–0005, 2120–0021, 2120–0027,

2120–0767, 2120–0768, 2120–0775.

Part 111 .............

2120–0607

Part 119 .............

2120–0593

Part

121 .............

2120–0008, 2120–0028, 2120–0535,

2120–0571, 2120–0600, 2120–0606,
2120–0614, 2120–0616, 2120–0631,
2120–0651, 2120–0653, 2120–0691,
2120–0739, 2120–0760, 2120–0766.

Part

125 .............

2120–0028, 2120–0085, 2120–0616,

2120–0651

Part

129 .............

2120–0028, 2120–0536, 2120–0616,

2120–0638

Part 133 .............

2120–0044

Part

135 .............

2120–0003, 2120–0028, 2120–0039,

2120–0535, 2120–0571, 2120–0600,
2120–0606, 2120–0614, 2120–0616,
2120–0620, 2120–0631, 2120–0653,
2120–0766.

Part 137 .............

2120–0049

Part 139 .............

2120–0045, 2120–0063

Part 141 .............

2120–0009

Part 142 .............

2120–0570

Part 145 .............

2120–0003, 2120–0010, 2120–0571

Part 147 .............

2120–0040

Part 150 .............

2120–0517

Part 157 .............

2120–0036

Part 158 .............

2120–0557

Part 161 .............

2120–0563

Part 171 .............

2120–0014

Part 183 .............

2120–0033, 2120–0604

Part 193 .............

2120–0646

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Pt. 13

14 CFR part or

section identified

and described

Current OMB control number

Part 198 .............

2120–0514

Part 400 .............

2120–0643, 2120–0644, 0649

Part 401 .............

2120–0608

Part 440 .............

2120–0601

SFAR 36 ............

2120–0507

SFAR 71 ............

2120–0620

[Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000,
as amended by Amdt. 11–47, 67 FR 9553, Mar.
1, 2002; Amdt. 11–49, 68 FR 61321, Oct. 27, 2003;
Amdt. 11–49, 68 FR 70132, Dec. 17, 2003; 70 FR
40163, July 12, 2005; 71 FR 63426, Oct. 30, 2006;
72 FR 59599, Oct. 22, 2007; Amdt. 11–56, 79 FR
12937, Mar. 7, 2014; Amdt. 11–57, 80 FR 58586,
Sept. 30, 2015; Doc. FAA–2015–7396, Amdt. 11–
58, 80 FR 79255, Dec. 21, 2015; Doc. FAA–2011–
1136, Amdt. 11–59, 81 FR 13969, Mar. 16, 2016;
Doc. FAA–2014–0554, Amdt. 11–60, 81 FR 33117,
May 24, 2016; 81 FR 38573, June 14, 2016; Doc.
FAA–2016–9064, Amdt. 11–61, 81 FR 59129, Aug.
29, 2016; FAA–2018–1087, Amdt. 11–64, 86 FR
4381, Jan. 15, 2021; Docket No. FAA–2019–1100,
Amdt. 11–63, 86 FR 4503, Jan. 15, 2021; FAA–
2020–0246, Amdt. 11–65, 86 FR 31060, June 10,
2021; FAA–2018–1051, Amdt. 13–40A, 87 FR
61233, Oct. 11, 2022]

PART 13—INVESTIGATIVE AND

ENFORCEMENT PROCEDURES

Subpart A—General Authority to Re-

Delegate and Investigative Procedures

Sec.
13.1

Re-delegation.

13.2

Reports of violations.

13.3

Investigations (general).

13.5

Formal complaints.

13.7

Records, documents, and reports.

Subpart B—Administrative Actions

13.11

Administrative disposition of certain

violations.

Subpart C—Legal Enforcement Actions

13.13

Consent orders.

13.14

[Reserved]

13.15

Civil penalties: Other than by adminis-

trative assessment.

13.16

Civil penalties: Administrative assess-

ment against a person other than an in-
dividual acting as a pilot, flight engi-
neer, mechanic, or repairman; adminis-
trative assessment against all persons
for hazardous materials violations.

13.17

Seizure of aircraft.

13.18

Civil penalties: Administrative assess-

ment against an individual acting as a
pilot, flight engineer, mechanic, or re-
pairman.

13.19

Certificate actions appealable to the

National Transportation Safety Board.

13.20

Orders of compliance, cease and desist

orders, orders of denial, and other orders.

13.21–13.29

[Reserved]

Subpart D—Rules of Practice for FAA

Hearings

13.31

Applicability.

13.33

Parties, representatives, and notice of

appearance.

13.35

Request for hearing, complaint, and

answer.

13.37

Hearing officer: Assignment and pow-

ers.

13.39

Disqualification of hearing officer.

13.41

Separation of functions and prohibi-

tion on ex parte communications.

13.43

Service and filing of pleadings, mo-

tions, and documents.

13.44

[Reserved]

13.45

Computation of time and extension of

time.

13.47

Withdrawal or amendment of the com-

plaint, answer, or other filings.

13.49

Motions.

13.51

Intervention.

13.53

Discovery.

13.55

Notice of hearing.

13.57

Subpoenas and witness fees.

13.59

Evidence.

13.61

Argument and submittals.

13.63

Record, decision, and aircraft registra-

tion proceedings.

13.65

Appeal to the Administrator, reconsid-

eration, and judicial review.

13.67

Procedures for expedited proceedings.

13.69

Other matters: Alternative dispute

resolution, standing orders, and forms.

Subpart E—Orders of Compliance Under

the Hazardous Materials Transportation Act

13.70

Delegation of authority.

13.71

Applicability.

13.73

Notice of proposed order of compli-

ance.

13.75

Reply or request for hearing.

13.77

Consent order of compliance.

13.79

[Reserved]

13.81

Emergency orders.

13.83–13.87

[Reserved]

Subpart F—Formal Fact-Finding Investiga-

tion Under an Order of Investigation

13.101

Applicability.

13.103

Order of investigation.

13.105

Notification.

13.107

Designation of additional parties.

13.109

Convening the investigation.

13.111

Subpoenas.

13.113

Noncompliance with the investigative

process.

13.115

Public proceedings.

13.117

Conduct of investigative proceeding

or deposition.

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