Sec.
11.1 Applicability.
11.11 Docket.
11.13 Delegation of authority.
11.15 Emergency exemptions.
Subpart B--Rules Other Than Airspace Assignment and Use
11.21 Scope.
11.23 Initiating rule-making procedures.
11.25 Petitions for rule making or exemptions.
11.27 Action on petitions for rule making or exemptions.
11.28 Action on special conditions.
11.29 Notice of proposed rule making.
11.31 Participation of interested persons in rule-making procedures.
11.33 Additional rule-making proceedings.
11.35 Participation by Civil Aeronautics Board in rule-making proceedings.
11.37 Requests for informal appearances.
Subpart C--Processing of Rules Other Than Airworthiness Directives and
Airspace Assignment and Use
11.41 Scope.
11.43 Processing of petitions for rule making or exemption from parts of
this chapter.
11.45 Issue of notice of proposed rule making.
11.47 Proceedings after notice of proposed rule making.
11.49 Adoption of final rules.
11.51 Denial of petition for rule making.
11.53 Grant or denial of exemption.
11.55 Reconsideration of a denial or grant of exemption.
Subpart D--Rules and Procedures for Airspace Assignment and Use
11.61 Scope.
11.63 Filing of proposals.
11.65 Issue of notice of proposed rule making.
11.67 Hearings.
11.69 Adoption of rules or orders.
11.71 Exemptions.
11.73 Petitions for rehearing or reconsideration of rules or orders.
11.75 Petitions for revoking or modifying rules or orders.
Subpart E--Processing of Airworthiness Directives
11.81 Scope.
11.83 Processing of petitions for rule making or exemption.
11.85 Issue of notice of proposed rule making.
11.87 Proceedings after notice of proposed rule making.
11.89 Adoption of final rules.
11.91 Grant or denial of exemption.
11.93 Petitions for reconsideration of rules.
Subpart F--Agency Information Collection Requirements Under the Paperwork
Reduction Act
11.101 OMB Control Numbers assigned pursuant to the Paperwork Reduction Act.
Authority: 49 U.S.C. app. 1341(a), 1343(d), 1348, 1354(a), 1401 through
1405, 1421 through 1431, 1481, and 1502; 49 U.S.C. 106(g).
Editorial Note: Nomenclature changes affecting this part appear at 38 FR
26444, Sept. 21, 1973.
Subpart A--General
Sec. 11.1 Applicability.
This part applies to the issue, amendment, and repeal of--
(a) Rules and orders for airspace assignment and use issued under section
307(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1348(a)); and
(b) Other substantive rules, including those applicable to a class of
persons, and those addressed to and served on named persons whenever the
Administrator decides to use public rule-making procedures in such a case.
Sec. 11.11 Docket.
Official FAA records relating to rule-making actions, including: (a)
Proposals, (b) notices of proposed rule making, (c) written material received
in response to notices, (d) petitions for rule making and exemptions, (e)
written material received in response to summaries of petitions for rule
making and exemptions, (f) petitions for rehearing or reconsideration, (g)
petitions for modification or revocation, (h) notices denying petitions for
rule making, (i) notices granting or denying exemptions, (j) summaries
required to be published under Sec. 11.27, (k) special conditions required,
as prescribed under Sec. 21.16 or Sec. 21.101(b)(2), (l) written material
received in response to published special conditions, (m) reports of
proceedings conducted under Sec. 11.47 (n) notices denying proposals, and (o)
final rules or orders are maintained in current docket form in the Office of
the Chief Counsel. A public docket relating to rule making actions taken by
each Regional Administrator on petitions for exemption filed under Part 139
of this chapter is maintained in the office of the Assistant Chief Counsel
for that region. Unless a request for comment indicates otherwise, a public
docket relating to rule-making actions taken by Regional Administrators under
Subparts D and E of this part is maintained in the office of the Assistant
Chief Counsel. Any interested person may examine any docketed material at
that office, at any time after the docket is established, except material
that is ordered withheld from the public under section 1104 of the Federal
Aviation Act of 1958 (49 U.S.C. 1504), and may obtain a photostatic or
duplicate copy of it upon paying the cost of the copy.
All agency officials, with regulatory issuance authority, may exercise the
authority of the Administrator to make certifications, findings and
determinations under the Regulatory Flexibility Act (Pub. L. 96-354) with
regard to any rulemaking document for which issuance authority is delegated
by other sections in this part.
[Doc. No. 22081, 46 FR 41488, Aug. 17, 1981]
Sec. 11.15 Emergency exemptions.
If, as a result of enemy attack on the United States, communication with
Washington headquarters of FAA is or may be disrupted or materially impaired,
petitions for exemptions from any rule issued under Titles III or VI of the
Federal Aviation Act of 1958 (air safety rules and air traffic and airspace
rules) may also be filed at the nearest FAA Regional Office, air traffic
control facility or office, Flight Standards District Office, Aircraft
Certification Directorate, Aircraft Certification Office, International Field
Office or FAA Representative in the Europe, Africa, and Middle East Region,
or in the Pacific Region. The procedural requirements of Secs. 11.53, 11.71,
and 11.91, and the publication and comment procedures of Sec. 11.27 need not
be followed. Under these emergency conditions, the FAA inspectors or officers
in charge of these offices may grant, in whole or in part and subject to
reasonable conditions or limitations, such exemptions or may deny petitions
for such exemptions; may issue such exemptions to named persons or in blanket
form on their own initiative; and may limit or terminate exemptions so issued
by them or by offices whose jurisdiction they may have assumed. Exemptions
issued under these circumstances are at all times subject to modification and
termination by the Regional Administrator or Acting Regional Administrator or
officer in charge of the Region concerned, subject to ultimate action by the
Director or Acting Director of the Service concerned.
Subpart B--Rules Other Than Airspace Assignment and Use
Sec. 11.21 Scope.
(a) This subpart applies to substantive rules, other than those relating to
airspace assignment and use.
(b) Unless the Administrator, for good cause, finds that notice is
impracticable, unnecessary, or contrary to the public interest, and
incorporates that finding and a brief statement of the reasons for it in the
rule, the FAA issues notices of proposed rule making and allows interested
persons to participate in rule-making procedings involving a substantive
rule.
(c) Unless the Administrator determines that notice and rule-making
procedures are to be followed, interpretive rules, general statements of
policy, and rules of FAA organization, procedure, or practice are prescribed
as final without notice or rule-making procedures.
(d) Whenever the Administrator so determines, the procedures prescribed in
this subpart apply to exempting persons and classes from the requirements of
a substantive rule.
Sec. 11.23 Initiating rule-making procedures.
The Administrator initiates rule-making procedures upon his own motion.
However, in doing so, he considers the recommendations of other agencies of
the United States and the petitions of other interested persons.
Sec. 11.25 Petitions for rule making or exemptions.
(a) Any interested person may petition the Administrator to issue, amend,
or repeal a rule whether or not it is a substantive rule within the meaning
of Sec. 11.21, or for a temporary or permanent exemption from any rule issued
by the Federal Aviation Administration under statutory authority.
(b) Each petition filed under this section must--
(1) In the case of a petition for exemption, unless good cause is shown in
that petition, be submitted at least 120 days before the proposed effective
date of the exemption;
(2) Be submitted in duplicate--
(i) To the appropriate FAA airport field office in whose area the
petitioner proposes to establish or has established its airport, in the case
of any petition for exemption filed under Part 139 of this chapter;
(ii) To the Director having Airworthiness Directive responsibility for the
product involved in the case of petitions filed in accordance with Subpart D
of this part.
(iii) To the Federal Air Surgeon (AAM-1), Federal Aviation Administration,
800 Independence Avenue, SW., Washington, D.C. 20591, in the case of a
petition for exemption filed under Part 67 of this chapter; and
(iv) To the Rules Docket (AGC-10), Federal Aviation Administration, 800
Independence Avenue, Washington, D.C. 20591, in all other cases.
(3) Set forth the test or substance of the rule or amendment proposed, or
of the rule from which the exemption is sought, or specify the rule that the
petitioner seeks to have repealed, as the case may be;
(4) Explain the interests of the petitioner in the action requested
including, in the case of a petition for an exemption, the nature and extent
of the relief sought and a description of each aircraft or person to be
covered by the exemption; and
(5) Contain any information, views, or arguments available to the
petitioner to support the action sought, the reasons why the granting of the
request would be in the public interest and, if appropriate, in the case of
an exemption, the reason why the exemption would not adversely affect safety
or the action to be taken by the petitioner to provide a level of safety
equal to that provided by the rule from which the exemption is sought.
(c) A petition for rule making filed under this section must contain a
summary, which may be published in the Federal Register as provided in Sec.
11.27(b), which includes--
(1) A brief description of the general nature of the rule requested; and
(2) A brief description of the pertinent reasons presented in the petition
for instituting rule-making procedures.
(d) A petition for exemption filed under this section must contain a
summary, which may be published in the Federal Register as provided in Sec.
11.27(c), which includes--
(1) A citation of each rule from which relief is requested; and
(2) A brief description of the general nature of the relief requested.
Sec. 11.27 Action on petitions for rule making or exemptions.
(a) General. Except for the publication and comment procedures provided for
in this section, no public hearing, argument, or other formal proceeding is
held directly on a petition, filed under Sec. 11.25, before its disposition
by the FAA.
(b) Publication of summary of petition for rule making. After receipt of a
petition for rule making, except as otherwise provided in paragraph (i) of
this section, the FAA publishes a summary of the petition in the Federal
Register which includes--
(1) The docket number of the petition;
(2) The name of the petitioner;
(3) A brief description of the general nature of the rule requested;
(4) A brief description of the pertinent reasons presented in the petition
for instituting rule-making procedures; and
(5) In appropriate situations, a list of questions to assist the FAA in
obtaining comment on the petition.
Comments on the petition for rule making must be filed, in triplicate, within
60 days after the summary is published in the Federal Register unless the
Administrator, for good cause, finds a different time period appropriate.
Timely comments received will be considered by the Administrator before
taking action on the petition.
(c) Publication of summary of petition for exemption. After receipt of a
petition for exemption, except as otherwise provided in paragraphs (i) and
(j) of this section, the FAA publishes a summary of the petition in the
Federal Register which includes--
(1) The docket number of the petition;
(2) The name of the petitioner;
(3) A citation of each rule from which relief is requested; and
(4) A brief description of the general nature of the relief requested.
Comments on the petition for exemption must be filed, in triplicate, within
20 days after the summary is published in the Federal Register unless the
Administrator, for good cause, finds a different time period appropriate.
Timely comments received will be considered by the Administrator before
taking action on the petition.
(d) Instituting rule-making procedures based on a petition. If the
Administrator determines, after consideration of any comments received in
response to a summary of a petition for rule making, that the petition
discloses adequate reasons, the FAA institutes rule-making procedures.
(e) Grant of petition for exemption--summary. If the Administrator
determines, after consideration of any comments received in response to a
summary of a petition for exemption, that the petition is in the public
interest, the Administrator grants the exemption and, except as otherwise
provided in paragraph (i) of this section, the FAA publishes a summary of the
grant of the petition for exemption in the Federal Register. A summary of a
grant of a petition for exemption includes--
(1) The docket number of the petition;
(2) The name of the petitioner;
(3) A citation of each rule from which relief is requested;
(4) A brief description of the general nature of the relief granted; and
(5) The disposition of the petition.
(f) Denial of petition for rule making. If the Administrator determines,
after consideration of any comments received in response to a summary of a
petition for rule making, that the petition does not justify instituting
rule-making procedures, the FAA notifies the petitioner to that effect.
Except as otherwise provided in paragraph (i) of this section, the FAA
publishes a summary of the denial of the petition for rule making in the
Federal Register in accordance with paragraph (h) of this section.
(g) Denial of petition for exemption. If the Administrator determines,
after consideration of any comments received in response to a summary of a
petition for exemption, that the petition does not justify granting the
requested exemption, the FAA notifies the petitioner to that effect. Except
as otherwise provided in paragraph (i) of this section, the FAA publishes a
summary of the denial of the petition for exemption in the Federal Register
in accordance with paragraph (h) of this section.
(h) Summary of denial of petition for rule making or exemption. A summary
of a denial of a petition for rule making or exemption includes--
(1) The docket number of the petition;
(2) The name of the petitioner;
(3) In the case of a denial of a petition for exemption, a citation of each
rule from which relief is requested;
(4) A brief description of the general nature of the rule or relief
requested; and
(5) The disposition of the petition.
(i) General exceptions. The publication and comment procedures of
paragraphs (b) through (h) of this section do not apply to the following:
(1) To petitions for rule makings or exemptions processed under Sec. 11.83.
(2) To petitions for exemptions from the requirements of Part 67 of this
chapter.
(j) Exceptions to publication of summary of petition for exemption. The
publication and comment procedures of paragraph (c) of this section do not
apply to the following:
(1) To petitions for emergency exemptions processed under Sec. 11.15.
(2) To petitions for exemptions processed under Part 139 of this chapter.
(3) Whenever the head of the Office or Service concerned, subject to the
approval of the Chief Counsel with respect to form and legality, finds for
good cause shown in a petition for exemption that action on the petition
should not be delayed by the publication and comment procedures. Factors that
may be considered in determining whether good cause exists, include--
(i) Whether a grant of exemption would set a precedent or whether the
petition for exemption and the reasons presented in it are identical to
exemptions previously granted;
(ii) Whether the delay in acting on the petition for exemption that would
result from publication would be detrimental to the petitioner; and
(iii) Whether petitioner acted in a timely manner in filing the petition
for exemption.
(k) Status of petition for rule making. Within 120 days after publication
in the Federal Register of a summary of petition for rule making and every
120 days thereafter, unless sooner denied under Sec. 11.51 or issued as a
notice of proposed rule making under Sec. 11.65, the Office or Service
concerned shall advise petitioner in writing of the status of the petition.
(l) Additional specific provisions. Specific provisions covering actions on
petitions are set forth in Subpart C of this part.
[Amdt. 11-20, 44 FR 6901, Feb. 5, 1979]
Sec. 11.28 Action on special conditions.
(a) General. Except for the publication and comment procedures provided for
in this section, no public hearing, argument, or other formal proceeding is
held directly on a special condition established by the Administrator.
(b) Procedures. This subpart and Subpart C apply to the issue, amendment,
and repeal of special conditions under Part 21. In addition to the
information required by Sec. 11.29(b), each notice will include--
(1) The name and address of the applicant;
(2) The model designation and a summary description of the affected
product;
(3) The applicable type design approval regulations designated in
accordance with Sec. 21.17 or Sec. 21.101 of Part 21; and
(4) A summary description of the novel or unusual design features that make
the issue or amendment of special conditions necessary.
[Amdt. 11-17, 45 FR 60170, Sept. 11, 1980]
Sec. 11.29 Notice of proposed rule making.
(a) Each general notice of proposed rule making is published in the Federal
Register, unless all persons subject to it are named and are personally
served with a copy of it.
(b) Each notice, whether published in the Federal Register or personally
served, includes--
(1) A statement of the time, place, and nature of the proposed rule-making
proceeding;
(2) A reference to the authority under which it is issued;
(3) A description of the subjects and issues involved or the substance and
terms of the proposed rule;
(4) A statement of the time within which written comments must be submitted
and the required number of copies; and
(5) A statement of how and to what extent interested persons may
participate in the proceedings, as prescribed by Secs. 11.31 and 11.33.
(c) A petition for extension of the time for comments must be submitted in
duplicate not later than two days before expiration of the time stated in the
notice. The filing of the petition does not automatically extend the time for
petitioner's comments. Such a petition is granted only if the petitioner
shows a substantive interest in the proposed rule and good cause for the
extension, and if the extension is consistent with the public interest. If an
extension is granted it is published in the Federal Register.
[Doc. No. 1242, 27 FR 9586, Sept. 28, 1962, as amended by Amdt. 11-1, 28 FR
2897, Mar. 23, 1963]
Sec. 11.31 Participation of interested persons in rule-making procedures.
(a) Each interested person is entitled to participate in rule-making
proceedings by submitting written information, views, or arguments. In
addition, he may comment on the original information, views, and arguments
submitted by other persons, if, after receiving them, the Administrator
considers it desirable.
(b) In any appropriate case, the Administrator also allows interested
persons to participate in the rule-making procedures described in Sec. 11.33.
Sec. 11.33 Additional rule-making proceedings.
(a) The rule-making procedure also includes any further procedural steps
that best serve the purposes of a particular proceeding. For example,
interested persons may be allowed to make oral arguments, participate in
conferences between the Administrator or his representative and interested
persons and organizations, appear at informal hearings presided over by a
designated FAA official at which a stenographic transcript is made, or
participate in any other procedure whenever it is desirable and appropriate
to assure informed administrative action and adequate protection of private
interests.
(b) Any appropriate combination of the procedures described in paragraph
(a) of this section may be used in addition to the basic procedure of
allowing interested persons to participate in rule-making proceedings by
submitting written information, views, or arguments.
Sec. 11.35 Participation by Civil Aeronautics Board in rule-making
proceedings.
(a) Under section 1001 of the Federal Aviation Act of 1958 (49 U.S.C.
1481), the Civil Aeronautics Board may appear and participate as an
interested party in any proceeding conducted by the Administrator under Title
III of that Act, and in any proceeding under Title VI of that Act that cannot
be appealed to the National Transportation Safety Board.
(b) To indicate its intention to participate in any proceeding described in
paragraph (a) of this section, the Civil Aeronautics Board may file written
information, views, or arguments in response to a notice of proposed rule
making issued by the Administrator. The Civil Aeronautics Board is entitled
to the procedural privileges accorded other parties and is equally free to
participate.
(a) Upon his request, any interested person may appear informally before an
appropriate official of the FAA to present, adjust, or determine a question
or controversy relating to a rule-making function of the FAA.
(b) A request for an appearance under this section must be sent in writing
to the Federal Aviation Administration, Washington, D.C. 20590, or to the
Regional or District Office nearest to the person making the request.
Subpart C--Processing of Rules Other Than Airworthiness Directives and
Airspace Assignment and Use
Sec. 11.41 Scope.
(a) This subpart prescribes the supplemental procedures to be followed by
the Offices and Services of the FAA in rule-making proceedings and in
granting or denying exemptions from rules. It also designates the Office or
Service that is authorized to act for the Administrator in connection with
those proceedings and exemptions. Any authority conferred by this subpart on
the head of any Office or Service is also conferred on the Associate
Administrator (if any) who exercises executive direction over that official.
(b) This subpart applies to rule-making procedures other than for
Airworthiness Directives and rules relating to Airspace Assignment and Use.
(c) For the purposes of this subpart--
(1) The words "Office or Service" include the Technical Center, and include
Regional Administrators with respect to petitions for exemptions from the
requirements of Part 139 of this chapter; and
(2) "Chief Counsel" means--
(i) The Chief Counsel;
(ii) An Assistant Chief Counsel with respect to petitions for exemptions
from the requirements of Part 139 of this chapter;
(iii) The Assistant Chief Counsel for Regulations and Enforcement for all
other exemptions processed under this subpart; or
(iv) Any person to whom the Chief Counsel has delegated authority in the
matter concerned.
Sec. 11.43 Processing of petitions for rule making or exemption from parts
of this chapter.
Whenever the FAA receives a petition for rule making or for an exemption, a
copy of the petition is referred for action, as provided in Sec. 11.27, to
the Office or Service having substantive responsibility for the subject
involved.
[Doc. No. 15457, 41 FR 11271, Mar. 18, 1976]
Sec. 11.45 Issue of notice of proposed rule making.
Whenever he determines that a notice of proposed rule making is necessary
or desirable, the head of the Office or Service concerned may, subject to the
approval of the Chief Counsel with respect to form and legality, issue the
notice provided for in Sec. 11.29. In addition, he may grant or deny
petitions for extension of the time for comments on the notice, filed under
Sec. 11.29(c).
[Doc. No. 1242, 27 FR 9586, Sept. 28, 1962, as amended by Amdt. 11-1, 28 FR
2897, Mar. 23, 1963]
Sec. 11.47 Proceedings after notice of proposed rule making.
(a) Each person who submits written information, views, or arguments in
response to a notice of proposed rule making, or during additional rule-
making proceedings in connection with such a notice, must file the number of
copies specified in the notice. All timely comments are considered before
final action on the rule-making proposal is taken. Late filed comments are
considered so far as possible without incurring expense or delay.
(b) Whenever the head of the Office or Service concerned determines that
additional rule-making proceedings of the kind described in Sec. 11.33 are
necessary or desirable, he may designate representatives to conduct those
proceedings.
[Doc. No. 1242, 27 FR 9586, Sept. 28, 1962, as amended by Amdt. 11-5, 31 FR
11091, Aug. 20, 1966]
Sec. 11.49 Adoption of final rules.
(a) After the Office or Service concerned has completed its analysis and
evaluation of the information, views, and arguments submitted with respect to
a proposed rule, representatives of that Office or Service and the Office of
the Chief Counsel prepare an appropriate rule, subject to the approval of the
Chief Counsel as to form and legality. Except as provided in paragraph (b) of
this section, the rule is then submitted, with the recommendations of the
head of the Office or Service concerned and the Chief Counsel, to the
Administrator for consideration. If a rule is adopted, it is published in the
Federal Register.
(b) Final authority to issue, amend, and repeal--
(1) An appendix to a part is delegated to the head of the Office or Service
concerned;
(2) Minimum en route IFR altitudes and associated flight data under Part 95
of this chapter, and standard instrument approach procedures under Part 97 of
this chapter is delegated to the Manager, Technical Programs Division, Flight
Standards Service; and
(3) Special conditions under Part 21 of this chapter is delegated to the
Director, Aircraft Certification Service.
Whenever it is determined that a petition for rule making filed under Sec.
11.25 should be denied, the Office or Service concerned prepares, subject to
the approval of the Chief Counsel with respect to form and legality, a notice
of denial for the Administrator's signature.
Sec. 11.53 Grant or denial of exemption.
(a) The head of the Office or Service concerned may, subject to the
approval of the Chief Counsel with respect to form and legality, grant or
deny any petition for an exemption. However, if the head of the Office or
Service concerned finds that the grant or denial involves a technical or
policy determination that should be made by the Administrator, he refers the
petition and his recommendations and those of the Chief Counsel to the
Administrator for final action.
(b) Whenever a petition is granted or denied under this section, the Office
or Service concerned prepares, subject to the approval of the Chief Counsel
with respect to form and legality, a notice to the petitioner informing him
of the action taken.
Sec. 11.55 Reconsideration of a denial or grant of exemption.
(a) Except as provided in paragraph (c) of this section, if a petition for
exemption is denied, the petitioner may file a petition for reconsideration
with the Administrator. The petition must be filed, in duplicate, within 30
days after the petitioner is notified of the denial of the exemption.
(b) If a petition for exemption is granted, a person other than the initial
petitioner may file a petition for reconsideration with the Administrator.
The petition must be filed, in duplicate, within 45 days after the grant of
exemption is issued.
(c) If a petition for exemption from the requirements of Part 67 of this
chapter is denied, the petitioner may file a petition for reconsideration
with the Federal Air Surgeon. The petition must be filed in duplicate, within
30 days after the petitioner is notified of the denial of the exemption.
However, if the final action on the initial petition was by the Administrator
in accordance with the second sentence of Sec. 11.53(a), the Federal Air
Surgeon refers the petition for reconsideration and recommendations and those
of the Chief Counsel to the Administrator for final action.
(d) A petition for reconsideration under this section must be based on the
existence of one or more of the following:
(1) A finding of a material fact that is erroneous.
(2) A necessary legal conclusion that is without governing precedent or is
a departure from or contrary to law, FAA rules, or precedent.
(3) An additional fact relevant to the decision that was not presented in
the initial petition for exemption. In order for a petition under paragraph
(a) or (c) of this section to be based on this ground, the petition for
reconsideration must state the reason the additional fact was not presented
in the initial petition.
[Amdt. 11-15, 43 FR 52205, Nov. 9, 1978]
Subpart D--Rules and Procedures for Airspace Assignment and Use
Sec. 11.61 Scope.
(a) This subpart establishes procedures for initiating, processing,
issuing, and publishing rules and orders issued under section 307(a) of the
Federal Aviation Act of 1958 (49 U.S.C. 1348(a)), including--
(1) Designations of Federal airways, control zones, control areas, control
area extensions, positive control areas, positive control route segments,
coded jet routes, transition areas, and antenna farm areas;
(2) Assignments of segments or parts of the navigable airspace for special
use purposes, such as restricted areas, military climb corridors, and
experimental flight test areas; and
(3) Special rules or orders relating to the assignment or use of navigable
airspace.
(b) This subpart does not apply to emergency cases and cases in which the
procedures described in paragraph (a) of this section are found to be
impractical, unnecessary, or contrary to the public interest.
(c) For the purposes of this subpart, "Director" means the Executive
Director of System Operations, the Associate Administrator for Air Traffic
or the Director, Air Traffic Rules and Procedures Service, or any person to
whom the Director has delegated authority in the matter concerned.
(d) For the purposes of this subpart, "Chief Counsel" means the Chief
Counsel, or an Assistant Chief Counsel for a region , or the Assistant Chief
Counsel for Regulations and Enforcement or any person to whom the Chief
Counsel or Assistant Chief Counsel has delegated his authority in the matter
concerned.
SUMMARY: This final rule amends the Federal Aviation Regulations (FAR) to
adopt certain recommendations of the National Airspace Review (NAR)
concerning changes to regulations and procedures in regard to airspace
classifications. These changes are intended to: (1) Simplify airspace
designations; (2) achieve international commonality of airspace designations;
(3) increase standardization of equipment requirements for operations in
various classifications of airspace; (4) describe appropriate pilot
certificate requirements, visual flight rules (VFR) visibility and distance
from cloud rules, and air traffic services offered in each class of airspace;
and (5) satisfy the responsibilities of the United States as a member of the
International Civil Aviation Organization (ICAO). The final rule also amends
the requirement for minimum distance from clouds in certain airspace areas
and the requirements for communications with air traffic control (ATC) in
certain airspace areas; eliminates airport radar service areas (ARSAs),
control zones, and terminal control areas (TCAs) as airspace classifications;
and eliminates the term "airport traffic area." The FAA believes simplified
airspace classifications will reduce existing airspace complexity and thereby
enhance safety.
EFFECTIVE DATE: These regulations become effective September 16, 1993,
except that Secs. 11.61(c), 91.215(d), 71.601, 71.603, 71.605, 71.607, and
71.609 and Part 75 become effective December 12, 1991, and except that
amendatory instruction number 20, Sec. 71.1 is effective as of September 15,
1993, and that Secs. 71.11 and 71.19 become effective October 15, 1992. The
incorporation by reference of FAA Order 7400.7 in Sec. 71.1 (amendatory
instruction number 20) is approved by the Director of the Federal Register
as of December 17, 1991, through September 15, 1993. The incorporation by
reference of FAA Order 7400.9 in Sec. 71.1 (amendatory instruction number 24)
is approved by the Director of the Federal Register as of September 16,
1993 through September 15, 1994.
(a) Each proposal, except one arising in the FAA, for the designation of
Federal airways or other areas for normal air traffic use, the assignment of
navigable airspace for special use purposes, or the issue of a special rule
or order relating to the use of navigable airspace, must be filed in writing,
in triplicate, with the Director.
(b) The director may, on his own motion, initiate the procedures prescribed
in this subpart for proposals arising within the FAA.
(c) A proposal requesting the assignment of navigable airspace for special
use purposes, or for the designation of an area for air traffic purposes,
must include at least the following:
(1) The location and a description of the airspace desired for assignment
or designation.
(2) A complete description of the activity or use to be made of that
airspace, including a detailed description of the type, volume, duration,
time, and place of the operations to be conducted in the assigned or
designated area.
(3) A description of the air navigation, air traffic control, surveillance,
and communication facilities available and to be provided if the assignment
or designation is made.
(4) The name and location of the agency, office, facility, or person to
whom authority would be delegated to permit the use of the airspace during
those times it would not be used for the purpose to which it would be
assigned.
(d) Subject to the approval of the Chief Counsel with respect to form and
legality, the Director issues a notice of any rejected proposal.
[Doc. No. 1242, 27 FR 9586, Sept. 28, 1962, as amended by Amdt. 11-3, 29 FR
9662, July 17, 1964]
Sec. 11.65 Issue of notice of proposed rule making.
(a) If it is determined that the subject matter of a proposal should be
submitted to the rule-making process, or if rule-making action is to be taken
on his own motion, the Director, subject to the approval of the Chief Counsel
with respect to form and legality, issues a notice of proposed rule making.
(b) Normally, a notice of proposed rule making is issued within
approximately 30 days after receipt of a proposal with respect to which it
has been determined that action might be taken.
(c) Each notice of proposed rule making is published in the Federal
Register and includes at least the following:
(1) A statement of the time, place, and nature of the public rule-making
proceedings.
(2) A reference to the authority under which it is proposed.
(3) Either the terms or substance of the proposed action or a description
of the subjects and issues involved.
(d) Approximately 30 days are allowed for submitting written information,
views, or arguments on the notice. Petitions for extension of the time for
such comments are governed by the provisions of Sec. 11.29(c). If a public
hearing is to be held, either the original notice of proposed rule making or
a revised notice gives approximately 30 days' notice. The Director may grant
or deny petitions for extension of the time for comments on the notice and
may change the date of any hearing previously noticed.
(e) Written information, views, and arguments submitted in response to a
notice of proposed rule making, or that are requested after the notice, must
be submitted in triplicate.
(f) Each interested person is entitled to discuss or confer informally with
appropriate FAA officials concerning a proposed action. However, to become a
part of the formal record for consideration, any information, views, or
arguments presented during the conference must also be submitted in writing
in accordance with the notice.
[Doc. No. 1242, 27 FR 9586, Sept. 28, 1962, as amended by Amdt. 11-1, 28 FR
2897, Mar. 23, 1963]
Sec. 11.67 Hearings.
(a) Sections 7 and 8 of the Administrative Procedure Act do not apply to
proceedings used to formulate rules under section 307(a) of the Federal
Aviation Act of 1958 (49 U.S.C. 1348(a)). Whenever the Director, in his
discretion, considers that a hearing is necessary to provide informed
Administrative action and assure adequate protection of private or public
interests, he may hold an informal public hearing. However, any rule or order
issued in a case in which such a hearing is held is not based exclusively on
the record of the hearing.
(b) The Director designates a presiding officer for each hearing and the
Chief Counsel designates a legal adviser.
(c) Normally, hearings held under this section are held in the vicinity of
the affected airspace. Interested persons are allotted time to make an oral
presentation without interruption and a verbatim transcript is made of the
proceedings by a certified court reporter.
(d) The procedure in hearings held under this section is as follows:
(1) The presiding officer makes an opening statement with particular
reference to the notice of proposed rule making.
(2) The presiding officer designates interested persons or their authorized
representatives to speak at the hearing.
(3) The presiding officer allots enough time to each interested person on
an equal basis so that his position may be expressed fully and placed on the
record, with those who favor it speaking first followed by those who oppose
it, initial statements being made as far as possible without interruption,
and questions permitted after initial statements have been made by all
designated persons.
(4) Arguments and oral statements are limited to the subject named in the
notice of proposed rule making.
(5) Written information, views, arguments, or briefs may be offered for the
record, but may not be accepted after the hearing unless good cause is shown
or the submission is requested by the presiding officer or the Director.
(e) The presiding officer of a hearing may deviate from the procedures
prescribed in this section to assure a more complete and informative record.
Sec. 11.69 Adoption of rules or orders.
(a) After the closing date for submitting written comments on a notice or,
if a hearing is held; after the hearing, the Office having substantive
responsibility for the subject involved studies the entire matter of a
proposed rule or order. The Chief Counsel determines whether legal
justification exists for the proposed action, and thereafter prepares an
appropriate rule, order, or notice of denial. The rule, order, or notice of
denial is then submitted to the Director for his action.
(b) Each rule or order issued by the Director is published in the Federal
Register and in such other publications as the Director considers desirable.
Each notice of denial is sent to the person who made the proposal and to such
other interested persons as the Director considers desirable.
(c) Each rule or order issued under this subpart becomes effective not less
than 30 days after it is published, except in an emergency, or when it is
impractical, unnecessary, or contrary to the public interest.
[Doc. No. 1242, 27 FR 9586, Sept. 28, 1962, as amended by Amdt. 11-3, 29 FR
9662, July 17, 1964]
Sec. 11.71 Exemptions.
(a) A petition for an exemption from any rule or order issued under section
307(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1348(a)) may be filed
with the Director. Such a petition must be in triplicate and state clearly
the nature of the requested exemption and the reasons why it should be
granted.
(b) The Director may, subject to the approval of the Chief Counsel with
respect to form and legality, grant or deny any petition filed under this
section and shall notify the petitioner of his action.
Sec. 11.73 Petitions for rehearing or reconsideration of rules or orders.
(a) Any interested person may petition the Administrator for a rehearing
on, or for reconsideration of, any rule or order issued under section 307(a)
of the Federal Aviation Act of 1958 (49 U.S.C. 1348(a)). Such a petition must
be filed, in triplicate, within 30 days after the rule or order is published
in the Federal Register. It must contain a brief statement of the complaint
and an explanation as to how the rule or order is contrary to the public
interest.
(b) If the petitioner requests the consideration of additional facts, he
must state their nature and purpose, and the reason they were not presented
at the hearing or in writing within the allotted time.
(c) The Administrator does not consider repetitious petitions.
(d) Unless the Administrator orders otherwise, the filing of a petition
under this section does not stay the effect of a rule or order.
Sec. 11.75 Petitions for revoking or modifying rules or orders.
(a) Any interested person may petition to revoke or modify any rule or
order covered by this subpart. Such a petition must be filed, in triplicate,
with the Director and must clearly state the information, views, and
arguments the petitioner considers necessary to support the requested action
and must clearly indicate the effect the action would have on the use of
navigable airspace.
(b) A petition filed under this section is processed in the same manner as
an original proposal, or in any other manner that the Director considers
necessary or desirable.
[Doc. No. 1242, 27 FR 9586, Sept. 28, 1962, as amended by Amdt. 11-3, 29 FR
9662, July 17, 1964]
(a) This subpart prescribes the procedures to be followed in rule making
proceedings for Airworthiness Directives issued pursuant to Part 39 and in
granting or denying exemptions from Airworthiness Directives. It also
designates the persons that are authorized to act for the Administrator in
connection with those proceedings and exemptions.
(b) For the purposes of this subpart, "Director" means the Director,
Aircraft Certification Service, or a Manager of an Aircraft Certification
Directorate (Directorate Manager).
(c) The authority for issuing Airworthiness Directives is limited to the
following persons:
(1) The Director, Aircraft Certification Service; and
(2) Managers of the Aircraft Certification Directorates for products under
the authority of those directorates, as determined by the Administrator.
(d) For the purposes of this subpart, "Chief Counsel" means the Chief
Counsel or an Assistant Chief Counsel for a region or directorate, or the
Assistant Chief Counsel for Regulations and Enforcement, or any person to
whom the Chief Counsel or Assistant Chief Counsel for a region has delegated
his authority in the matter concerned.
Sec. 11.83 Processing of petitions for rule making or exemption.
Whenever the FAA receives a petition for rule making or for an exemption, a
copy of the petition is referred for action, as provided in Sec. 11.27, to
the Director having Airworthiness Directive responsibility for the product
involved.
Sec. 11.85 Issue of notice of proposed rule making.
Whenever he determines that a notice of proposed rule making is necessary
or desirable, the Director may, subject to the approval of the Chief Counsel
with respect to form and legality issue the notice provided for in Sec.
11.29. In addition, he may grant or deny petitions for extension of the time
for comments on the notice, filed under Sec. 11.29(c).
Sec. 11.87 Proceedings after notice of proposed rule making.
(a) Each person who submits written information, views, or arguments in
response to a notice of proposed rule making, or during additional rule-
making proceedings in connection with such a notice, must file the number of
copies specified in the notice.
(b) Whenever the Director determines that additional rule-making
proceedings of the kind described in Sec. 11.33 are necessary or desirable,
he may designate representatives to conduct those proceedings.
Sec. 11.89 Adoption of final rules.
In any case in which a notice of proposed rule making was issued, the
Director completes his analysis and evaluation of the information, views, and
arguments submitted with respect to the proposed rule and studies the entire
matter. In any case in which the subject matter is, for good cause, submitted
to the rule-making process without notice, the Director initiates the
procedure. The Chief Counsel determines whether legal justification exists
for the action proposed, and thereafter prepares an appropriate rule or
notice of denial. The rule or notice of denial is then submitted to the
Director for his action.
Sec. 11.91 Grant or denial of exemption.
(a) The Director may, subject to the approval of the Chief Counsel with
respect to form and legality, grant or deny any petition for an exemption
from an Airworthiness Directive.
(b) Whenever a petition is granted or denied under this section, the
Director prepares, subject to the approval of the Chief Counsel with respect
to form and legality, a notice to the petitioner informing him of the action
taken.
Sec. 11.93 Petitions for reconsideration of rules.
(a) Any interested person may petition the Administrator for a rehearing
on, or for reconsideration of, any Airworthiness Directive. Such a petition
must be filed, in duplicate, within 30 days after the rule is published in
the Federal Register. It must contain a brief statement of the complaint and
an explanation as to how the rule is contrary to the public interest.
(b) If the petitioner requests the consideration of additional facts, he
must state their nature and purpose and the reason they were not presented at
the hearing or in writing within the allotted time.
(c) The Administrator does not consider repetitious petitions.
(d) Unless the Administrator orders otherwise, the filing of a petition
under this section does not stay the effect of a rule or order.
Subpart F--Agency Information Collection Requirements Under the Paperwork
Reduction Act
Sec. 11.101 OMB control numbers assigned pursuant to the Paperwork Reduction
Act.
(a) Purpose. This subpart consolidates and displays the OMB assigned
control numbers for the information collection requirements of the Federal
Aviation Administration pursuant to the Paperwork Reduction Act of 1980
(Title 44, U.S.C. Chapter 35) which mandates that every collection
requirement have a control number displayed in the Code of Federal
Regulations.
(b) Display.
14 CFR part or section identified and
described Current OMB control No.
Part 21 2120-0018
Sec. 34.7 2120-0508
Part 39 2120-0056
Part 43 2120-0020
Sec. 45.13 2120-0508
Secs. 47.3, 47.5 2120-0029
Sec. 47.7 2120-0029, 2120-0042
Sec. 47.8 2120-0042
Sec. 47.9 2120-0029, 2120-0042
Secs. 47.11 thru 47.47 2120-0042
Sec. 47.63 2120-0024
Part 49 2120-0043
Sec. 61.3 2120-0034
Secs. 61.13 thru 61.197 2120-0021
Part 63 2120-0007
Part 65 2120-0022
Sec. 67.11 2120-0034, 2120-0052, 2120-0059,
2120-0069
Sec. 67.19 2120-0052, 2120-0059, 2120-0069
Sec. 67.23 2120-0002
Part 77 2120-0001
Sec. 91.1 2120-0026
Sec. 91.3 2120-0005
Sec. 91.18 2120-0027
Secs. 91.24 thru 91.34 (except Sec. 2120-0005
91.30)
Sec. 91.30 2120-0522
Sec. 91.39 2120-0027
Secs. 91.41 thru 91.55 2120-0005
Sec. 91.63 2120-0027
Sec. 91.75 2120-0005
Sec. 91.83 2120-0026
Secs. 91.97 thru 91.217 2120-0005
Part 91, Subpart E 2120-0082
Secs. 91.851 thru 91.875 2120-0553
Part 93, Subpart S 2120-0524
Part 101 2120-0027
Part 105 2120-0027
Part 107 2120-0075
Part 108 2120-0098
Part 121 (except as below) 2120-0008
Secs. 121.3 thru 121.155 2120-0008, 2120-0028
Sec. 121.585 2120-0542
Sec. 121.715 2120-0523
Sec. 121.723 2120-0008, 2120-0025
Part 123 2120-0028
Part 125 2120-0085
Part 127 2120-0028
Part 133 2120-0044
Part 135 (except as below) 2120-0039
Secs. 135.11 thru 135.17 2120-0008, 2120-0039
Sec. 135.43 2120-0025, 2120-0039
Sec. 135.129 2120-0542
Sec. 1335.415 2120-0003, 2120-0039
Part 137 2120-0049
Part 139 2120-0063
Part 141 2120-0009
Part 143 2120-0021
Part 145 (except as below) 2120-0010
Sec. 145.63 2120-0003, 2120-0010
Part 147 2120-0040
Part 149 2120-0012
Secs. 150.21 and 150.23 2120-0517
Part 152 2120-0065, 2120-0080
Part 157 2120-0036
Sec. 159.13 2120-0061
Sec. 159.93 2120-0084
Part 171 2120-0014
Sec. 183.11 2120-0002, 2120-0033, 2120-0035
Secs. 183.15 thru 183.17 2120-0033
Secs. 183-25 thru 183.31 2120-0035
Part 198 2120-0514
Part 199 2120-0081
SFAR 44-5 Appendix 2120-0502
SFAR 36 2120-0507
SUMMARY: This amendment adds to the Federal Aviation Regulations the
Office of Management and Budget (OMB) Control Number for annual progress
reports required to comply with the Transition to an All Stage 3 Fleet
Operating in the 48 Contiguous United States and the District of Columbia
rule.
