Federal Aviation Administration, DOT

Section 11.33
comment, we will advise the public by
publishing a document in the FEDERAL
REGISTER before the effective date of
the direct final rule. This document
may withdraw 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 recommendation into another direct final rule or may publish a
notice of proposed rulemaking.

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Section 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 contrary 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 adverse comment, we may issue a direct
final rule.

Section 11.33 How can I track FAA-s rulemaking activities?
The best ways to track FAA-s rulemaking activities are with the docket
number or the regulation identifier
number.
(a) Docket ID. We assign a docket ID
to each rulemaking document proceeding. 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 Management 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 Internet at http://www.regulations.gov. If you
can-t find the material in the electronic docket, contact the person listed
under FOR FURTHER INFORMATION
CONTACT in the document you are interested in.
(b) Regulation identifier number. DOT
publishes a semiannual agenda of all
current
and
projected
DOT
rulemakings, reviews of existing regulations, and completed actions. This
semiannual agenda appears in the Unified Agenda of Federal Regulations,
published in the FEDERAL REGISTER in
April and October of each year. The
semiannual agenda tells the public
about DOT-s - including FAA-s - regulatory activities. DOT assigns a regulation identifier number (RIN) to each
individual rulemaking proceeding in
the semiannual agenda. This number
appears on all rulemaking documents
published in the FEDERAL REGISTER

Section 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 or notice of intent
to file an adverse comment within the
comment period - generally 60 days
after the direct final rule is published
in the FEDERAL REGISTER. An adverse
comment explains why a rule would be
inappropriate, 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 following types of comments to be
adverse:
(1) A comment recommending another 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 ineffective without the change.
(2) A frivolous or insubstantial comment.
(b) If FAA has not received an adverse comment or notice of intent to
file an adverse comment, we will publish a confirmation document in the
FEDERAL REGISTER, 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
or notice of intent to file an adverse

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