Federal Aviation Administration, DOT

Section 11.17

Subpart A - Rulemaking
Procedures
Section 11.1

Section 11.11 What is a final rule with request for comments?
A final rule with request for comment is a rule that the FAA issues in
final (with an effective date) that invites 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 contrary 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 receive useful information. For example,
we would not invite comments when we
are just making an editorial clarification or correction.

To what does this part apply?

This part applies to the issuance,
amendment, and repeal of any regulation for which FAA ( - we - ) follows public rulemaking procedures under the
Administrative Procedure Act ( - APA - )
(5 U.S.C. 553).
DEFINITION OF TERMS
Section 11.3 What is an advance notice of
proposed rulemaking?
An advance notice of proposed rulemaking (ANPRM) tells the public that
FAA is considering an area for rulemaking and requests written comments 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 potential changes to a regulation.

Section 11.13

Section 11.5 What is a notice of proposed
rulemaking?
A notice of proposed rulemaking
(NPRM) proposes FAA-s specific regulatory changes for public comment and
contains supporting information. It includes proposed regulatory text.
Section 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 approach than we proposed. Also, we may
want to follow a commenter-s suggestion 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 comment further or to give us more information.

spaschal on DSK3GDR082PROD with CFR

Section 11.9

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 comments, and so an NPRM is unnecessary.
However, to be certain that we are correct, we set the comment period to end
before the effective date. If we receive
an adverse comment or notice of intent
to file an adverse comment, we then
withdraw the final rule before it becomes effective and may issue an
NPRM.
Section 11.15 What is a petition for exemption?
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 transportation regulations, see part 404 of
this title.

What is a final rule?

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

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 substantive issues raised by commenters
in response to the NPRM and will give
the agency-s response.

Section 11.17 What is a petition for rulemaking?
A petition for rulemaking is a request to FAA by an individual or entity asking the FAA to adopt, amend, or
repeal a regulation.

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