14 CFR Part 11 — General Rulemaking Procedures

SUBCHAPTER B—PROCEDURAL RULES

P UBLIC M EETINGS AND O THER P ROCEEDINGS

PART 11—GENERAL RULEMAKING

PROCEDURES 11.51 May I request that FAA hold a public

meeting on a rulemaking action?

11.53 What takes place at a public meeting?

Subpart A—Rulemaking Procedures ETITIONS FOR R ULEMAKING AND FOR Sec. P 11.1 To what does this part apply?

E XEMPTIONS 11.61 May I ask FAA to adopt, amend, or re- D EFINITION OF T ERMS peal a regulation, or grant relief from 11.3 What is an advance notice of proposed the requirements of a current regula- rulemaking?

tion?

11.5 What is a notice of proposed rule- 11.63 How and to whom do I submit my peti- making?

tion for rulemaking or petition for ex- 11.7 What is a supplemental notice of pro- emption?

posed rulemaking?

11.71 What information must I include in 11.9 What is a final rule?

my petition for rulemaking?

11.11 What is a final rule with request for 11.73 How does FAA process petitions for comments?

rulemaking?

11.13 What is a direct final rule?

11.15 What is a petition for exemption? 11.75 Does FAA invite public comment on 11.17 What is a petition for rulemaking? petitions for rulemaking?

11.19 What is a special condition?

11.77 Is there any additional information I must include in my petition for desig- G ENERAL nating airspace?

11.21 What are the most common kinds of 11.81 What information must I include in rulemaking actions for which FAA fol- my petition for an exemption?

lows the Administrative Procedure Act?

11.83 How can I operate under an exemption 11.23 Does FAA follow the same procedures outside the United States?

in issuing all types of rules?

11.85 Does FAA invite public comment on 11.25 How does FAA issue rules?

petitions for exemption?

11.27 Are there other ways FAA collects 11.87 Are there circumstances in which FAA specific rulemaking recommendations may decide not to publish a summary of before we issue an NPRM?

my petition for exemption?

11.29 May FAA change its regulations with- 11.89 How much time do I have to submit out first issuing an ANPRM or NPRM?

comments to FAA on a petition for ex- 11.31 How does FAA process direct final emption?

rules?

11.91 How does FAA inform me of its deci- 11.33 How can I track FAA’s rulemaking ac- sion on my petition for exemption?

tivities?

11.35 Does FAA include sensitive security 11.101 May I ask FAA to reconsider my peti- information and proprietary information tion for rulemaking or petition for ex- in the Federal Docket Management Sys- emption if it is denied?

tem (FDMS)?

11.103 What exemption relief may be avail- 11.37 Where can I find information about an able to federal, state, and local govern- Airworthiness Directive, an airspace des- ments when operating aircraft that are ignation, or a petition handled in a re- not public aircraft?

gion?

11.38 What public comment procedures does Subpart B—Paperwork Reduction Act FAA follow for Special Conditions?

Control Numbers 11.39 How may I participate in FAA’s rule- making process?

11.201 Office of Management and Budget 11.40 Can I get more information about a (OMB) control numbers assigned under rulemaking?

the Paperwork Reduction Act.

W RITTEN C OMMENTS A UTHORITY : 49 U.S.C. 106(f), 40101, 40103, 40105, 40109, 40113, 44110, 44502, 44701–44702, 11.41 Who may file comments?

44711, 46102, and 51 U.S.C. 50901–50923.

11.43 What information must I put in my written comments?

S OURCE : Docket No. FAA–1999–6622, 65 FR 11.45 Where and when do I file my com- 50863, Aug. 21, 2000, unless otherwise noted.

ments?

11.47 May I ask for more time to file my E DITORIAL N OTE : Nomenclature changes to comments? part 11 appear at 61 FR 18052, April 24, 1996.

Federal Aviation Administration, DOT § 11.15 § 11.11 What is a final rule with re- Subpart A—Rulemaking quest for comments?

Procedures A final rule with request for com- § 11.1 To what does this part apply?

ment is a rule that the FAA issues in final (with an effective date) that in- This part applies to the issuance, vites public comment on the rule. We amendment, and repeal of any regula- usually do this when we have not first tion for which FAA (‘‘we’’) follows pub- issued an ANPRM or NPRM, because lic rulemaking procedures under the we have found that doing so would be Administrative Procedure Act (‘‘APA’’) impracticable, unnecessary, or con- (5 U.S.C. 553).

trary to the public interest. We give our reasons for our determination in D EFINITION OF T ERMS the preamble. The comment period § 11.3 What is an advance notice of often ends after the effective date of proposed rulemaking?

the rule. A final rule not preceded by an ANPRM or NPRM is commonly An advance notice of proposed rule- called an ‘‘immediately adopted final making (ANPRM) tells the public that rule.’’ We invite comments on these FAA is considering an area for rule- rules only if we think that we will re- making and requests written com- ceive useful information. For example, ments on the appropriate scope of the we would not invite comments when we rulemaking or on specific topics. An are just making an editorial clarifica- advance notice of proposed rulemaking tion or correction.

may or may not include the text of po- tential changes to a regulation.

§ 11.13 What is a direct final rule?

§ 11.5 What is a notice of proposed A direct final rule is a type of final rulemaking?

rule with request for comments. Our reason for issuing a direct final rule A notice of proposed rulemaking without an NPRM is that we would not (NPRM) proposes FAA’s specific regu- expect to receive any adverse com- latory changes for public comment and ments, and so an NPRM is unnecessary.

contains supporting information. It in- However, to be certain that we are cor- cludes proposed regulatory text.

rect, we set the comment period to end before the effective date. If we receive § 11.7 What is a supplemental notice of an adverse comment, we will either proposed rulemaking?

publish a document withdrawing the On occasion, FAA may decide that it direct final rule before it becomes ef- needs more information on an issue, or fective and may issue an NPRM, or that we should take a different ap- proceed by any other means permitted proach than we proposed. Also, we may under the Administrative Procedure want to follow a commenter’s sugges- Act, 5 U.S.C. 551 et seq., consistent with tion that goes beyond the scope of the procedures at 49 CFR 5.13(l).

original proposed rule. In these cases, FAA may issue a supplemental notice [Docket No. FAA–1999–6622, 65 FR 50863, Aug.

of proposed rulemaking (SNPRM) to 21, 2000, as amended at 84 FR 71717, Dec. 27, 2019] give the public an opportunity to com- ment further or to give us more infor- § 11.15 What is a petition for exemp- mation.

tion?

§ 11.9 What is a final rule?

A petition for exemption is a request to the FAA by an individual or entity A final rule sets out new or revised asking for relief from the requirements requirements and their effective date.

of a current regulation. For petitions It also may remove requirements.

for waiver of commercial space trans- When preceded by an NPRM, a final portation regulations, see part 404 of rule will also identify significant sub- this title.

stantive issues raised by commenters in response to the NPRM and will give [FAA–2016–6761, Amdt. No. 11–62, 83 FR 28534, the agency’s response. June 20, 2016] 14 CFR Ch. I (1–1–25 Edition) § 11.17 public by posting them in the Federal § 11.17 What is a petition for rule- making? Docket Management System at http:// www.regulations.gov.

A petition for rulemaking is a re- (1) An advance notice of proposed quest to FAA by an individual or enti- rulemaking (ANPRM).

ty asking the FAA to adopt, amend, or (2) A notice of proposed rulemaking repeal a regulation.

(NPRM).

(3) A supplemental notice of proposed § 11.19 What is a special condition?

rulemaking (SNPRM).

A special condition is a regulation (4) A final rule.

that applies to a particular aircraft de- (5) A final rule with request for com- sign. The FAA issues special conditions ments.

when we find that the airworthiness (6) A direct final rule.

regulations for an aircraft, aircraft en- (b) Each of the rulemaking docu- gine, or propeller design do not contain ments in paragraph (a) of this section adequate or appropriate safety stand- generally contains the following infor- ards, because of a novel or unusual de- mation: sign feature.

(1) The topic involved in the rule- making document.

G ENERAL (2) FAA’s legal authority for issuing the rulemaking document.

§ 11.21 What are the most common kinds of rulemaking actions for (3) How interested persons may par- which FAA follows the Administra- ticipate in the rulemaking proceeding tive Procedure Act?

(for example, by filing written com- ments or making oral presentations at FAA follows the Administrative Pro- a public meeting).

cedure Act (APA) procedures for these (4) Whom to call if you have ques- common types of rules: tions about the rulemaking document.

(a) Rules found in the Code of Federal (5) The date, time, and place of any Regulations; public meetings FAA will hold to dis- (b) Airworthiness directives issued cuss the rulemaking document.

under part 39 of this chapter; and (6) The docket number and regulation (c) Airspace Designations issued identifier number (RIN) for the rule- under various parts of this chapter.

making proceeding.

§ 11.23 Does FAA follow the same pro- [Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000, cedures in issuing all types of as amended at 72 FR 68474, Dec. 5, 2007] rules?

Yes, in general, FAA follows the § 11.27 Are there other ways FAA col- same procedures for all rule types. lects specific rulemaking rec- ommendations before we issue an There are some differences as to which NPRM?

FAA official has authority to issue each type, and where you send peti- Yes, the FAA obtains advice and rec- tions for FAA to adopt, amend, or re- ommendations from rulemaking advi- peal each type. Assume that the proce- sory committees. One of these commit- dures in this subpart apply to all rules, tees is the Aviation Rulemaking Advi- except where we specify otherwise.

sory Committee (ARAC), which is a formal standing committee comprised § 11.25 How does FAA issue rules?

of representatives of aviation associa- (a) The FAA uses APA rulemaking tions and industry, consumer groups, procedures to adopt, amend, or repeal and interested individuals. In con- regulations. To propose or adopt a new ducting its activities, ARAC complies regulation, or to change a current reg- with the Federal Advisory Committee ulation, FAA will issue one or more of Act and the direction of FAA. We task the following documents. We publish ARAC with providing us with rec- these rulemaking documents in the ommended rulemaking actions dealing F EDERAL R EGISTER unless we name and with specific areas and problems. If we personally serve a copy of a rule on accept an ARAC recommendation to every person subject to it. We also change an FAA rule, we ordinarily pub- make all documents available to the lish an NPRM using the procedures in Federal Aviation Administration, DOT § 11.33 this part. The FAA may establish other confirmation document tells the public rulemaking advisory committees as the effective date of the rule.

needed to focus on specific issues for a (c) If we receive an adverse comment, limited period of time.

we will advise the public by publishing a document in the F EDERAL R EGISTER § 11.29 May FAA change its regulations before the effective date of the direct without first issuing an ANPRM or final rule. This document may with- NPRM?

draw the direct final rule in whole or in The FAA normally adds or changes a part. If we withdraw a direct final rule regulation by issuing a final rule after because of an adverse comment, we an NPRM. However, FAA may adopt, may incorporate the commenter’s rec- amend, or repeal regulations without ommendation into another direct final first issuing an ANPRM or NPRM in rule or may publish a notice of pro- the following situations: posed rulemaking.

(a) We may issue a final rule without [Docket No. FAA–1999–6622, 65 FR 50863, Aug.

first requesting public comment if, for 21, 2000, as amended at 84 FR 71717, Dec. 27, good cause, we find that an NPRM is 2019] impracticable, unnecessary, or con- trary to the public interest. We place § 11.33 How can I track FAA’s rule- that finding and a brief statement of making activities?

the reasons for it in the final rule. For The best ways to track FAA’s rule- example, we may issue a final rule in making activities are with the docket response to a safety emergency.

number or the regulation identifier (b) If an NPRM would be unnecessary number.

because we do not expect to receive ad- (a) Docket ID. We assign a docket ID verse comment, we may issue a direct to each rulemaking document pro- final rule.

ceeding. Each rulemaking document FAA issues in a particular rulemaking § 11.31 How does FAA process direct proceeding, as well as public comments final rules?

on the proceeding, will display the (a) A direct final rule will take effect same docket ID. This ID allows you to on a specified date unless FAA receives search the Federal Docket Manage- an adverse comment within the com- ment System (FDMS) for information ment period—generally 60 days after on most rulemaking proceedings. You the direct final rule is published in the can view and copy docket materials EDERAL REGISTER . An adverse com- F during regular business hours at the ment explains why a rule would be in- U.S. Department of Transportation, appropriate, or would be ineffective or Docket Operations, West Building unacceptable without a change. It may Ground Floor, Room W12–140, 1200 New challenge the rule’s underlying premise Jersey Avenue, SE., Washington, DC or approach. Under the direct final rule 20590. Or you can view and download process, we do not consider the fol- docketed materials through the Inter- lowing types of comments to be ad- net at http://www.regulations.gov. If you verse: can’t find the material in the elec- (1) A comment recommending an- tronic docket, contact the person listed other rule change, in addition to the under FOR FURTHER INFORMATION change in the direct final rule at issue.

CONTACT in the document you are in- We consider the comment adverse, terested in.

however, if the commenter states why (b) Regulation identifier number. DOT the direct final rule would be ineffec- publishes a semiannual agenda of all tive without the change.

current and projected DOT (2) A frivolous or insubstantial com- rulemakings, reviews of existing regu- ment.

lations, and completed actions. This (b) If FAA has not received an ad- semiannual agenda appears in the Uni- verse comment, we will publish a con- fied Agenda of Federal Regulations, firmation document in the F EDERAL published in the F EDERAL REGISTER in R EGISTER , generally within 15 days April and October of each year. The after the comment period closes. The semiannual agenda tells the public 14 CFR Ch. I (1–1–25 Edition) § 11.35 about DOT’s—including FAA’s—regu- et. If the information isn’t in the dock- latory activities. DOT assigns a regula- et, contact the person listed under FOR tion identifier number (RIN) to each FURTHER INFORMATION CONTACT individual rulemaking proceeding in in the F EDERAL R EGISTER document the semiannual agenda. This number about the action.

appears on all rulemaking documents published in the F EDERAL R EGISTER § 11.38 What public comment proce- dures does the FAA follow for Spe- and makes it easy for you to track cial Conditions?

those rulemaking proceedings in both the F EDERAL R EGISTER and the semi- Even though the Administrative Pro- annual regulatory agenda.

cedure Act does not require notice and comment for rules of particular appli- [Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000, cability, FAA does publish proposed as amended at 72 FR 68474, Dec. 5, 2007] special conditions for comment. In the § 11.35 Does FAA include sensitive se- following circumstances we may not curity information and proprietary invite comment before we issue a spe- information in the Federal Docket cial condition. If we don’t, we will in- Management System (FDMS)?

vite comment when we publish the (a) Sensitive security information. You final special condition.

should not submit sensitive security (a) The FAA considers prior notice to information to the rulemaking docket, be impracticable if issuing a design ap- unless you are invited to do so in our proval would significantly delay deliv- request for comments. If we ask for ery of the affected aircraft. We con- this information, we will tell you in sider such a delay to be contrary to the the specific document how to submit public interest.

this information, and we will provide a (b) The FAA considers prior notice to separate non-public docket for it. For be unnecessary if we have provided pre- all proposed rule changes involving vious opportunities to comment on civil aviation security, we review com- substantially identical proposed spe- ments as we receive them, before they cial conditions, and we are satisfied are placed in the docket. If we find that that new comments are unlikely.

a comment contains sensitive security information, we remove that informa- § 11.39 How may I participate in FAA’s tion before placing the comment in the rulemaking process?

general docket.

You may participate in FAA’s rule- (b) Proprietary information. When we making process by doing any of the fol- are aware of proprietary information lowing: filed with a comment, we do not place (a) File written comments on any it in the docket. We hold it in a sepa- rulemaking document that asks for rate file to which the public does not comments, including an ANPRM, have access, and place a note in the NPRM, SNPRM, a final rule with re- docket that we have received it. If we quest for comments, or a direct final receive a request to examine or copy rule. Follow the directions for com- this information, we treat it as any menting found in each rulemaking doc- other request under the Freedom of In- ument.

formation Act (5 U.S.C. 552). We proc- (b) Ask that we hold a public meeting ess such a request under the DOT pro- on any rulemaking, and participate in cedures found in 49 CFR part 7.

any public meeting that we hold.

[Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000, (c) File a petition for rulemaking as amended at 72 FR 68474, Dec. 5, 2007] that asks us to adopt, amend, or repeal a regulation.

§ 11.37 Where can I find information about an Airworthiness Directive, § 11.40 Can I get more information an airspace designation, or a peti- about a rulemaking?

tion handled in a region?

The FAA includes most documents You can contact the person listed concerning Airworthiness Directives, under FOR FURTHER INFORMATION airspace designations, or petitions han- CONTACT in the preamble of a rule.

dled in a region in the electronic dock- That person can explain the meaning Federal Aviation Administration, DOT § 11.47 and intent of a proposed rule, the tech- (1) By mail to: U.S. Department of nical aspects of a document, the termi- Transportation, Docket Operations, nology in a document, and can tell you West Building Ground Floor, Room our published schedule for the rule- W12–140, 1200 New Jersey Avenue, SE., making process. We cannot give you in- Washington, DC 20590.

formation that is not already available (2) Through the Internet to http:// to other members of the public. The www.regulations.gov.

Department of Transportation policy (3) In any other manner designated regarding public contacts during rule- by FAA.

making appears at 49 CFR 5.19.

(b) Make sure that your comments [Docket No. FAA–1999–6622, 65 FR 50863, Aug.

reach us by the deadline set out in the 21, 2000, as amended at 84 FR 71717, Dec. 27, rulemaking document on which you 2019] are commenting. We will consider late- filed comments to the extent possible W RITTEN C OMMENTS only if they do not significantly delay § 11.41 Who may file comments? the rulemaking process.

(c) We may reject your paper or elec- Anyone may file written comments tronic comments if they are frivolous, about proposals and final rules that re- abusive, or repetitious. We may reject quest public comments.

comments you file electronically if you § 11.43 What information must I put in do not follow the electronic filing in- my written comments?

structions at the Federal Docket Man- (a) Your written comments must be agement System Web site.

in English and must contain the fol- [Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000, lowing: as amended at 72 FR 68474, Dec. 5, 2007] (1) The docket number of the rule- making document you are commenting § 11.47 May I ask for more time to file on, clearly set out at the beginning of my comments?

your comments.

Yes, if FAA grants your request for (2) Your name and mailing address, more time to file comments, we grant and, if you wish, other contact infor- all persons the same amount of time.

mation, such as a fax number, tele- phone number, or e-mail address. We will notify the public of the exten- (3) Your information, views, or argu- sion by a document in the F EDERAL ments, following the instructions for R EGISTER . If FAA denies your request, participation in the rulemaking docu- we will notify you of the denial. To ask ment on which you are commenting.

for more time, you must file a written (b) You should also include all mate- or electronic request for extension at rial relevant to any statement of fact least 10 days before the end of the com- or argument in your comments, to the ment period. Your letter or message extent that the material is available to must— you and reasonable for you to submit.

(a) Show the docket number of the Include a copy of the title page of the rule at the top of the first page; document. Whether or not you submit (b) State, at the beginning, that you a copy of the material to which you are requesting an extension of the com- refer, you should indicate specific ment period; places in the material that support (c) Show that you have good cause your position.

for the extension and that an extension § 11.45 Where and when do I file my is in the public interest; comments?

(d) Be sent to the address specified (a) Send your comments to the loca- for comments in the rulemaking docu- tion specified in the rulemaking docu- ment on which you are commenting.

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: 14 CFR Ch. I (1–1–25 Edition) § 11.51 P UBLIC M EETINGS AND O THER (1) By electronic submission, submit P ROCEEDINGS your petition for rulemaking or exemp- tion to the FAA through the internet § 11.51 May I request that FAA hold a at http://www.regulations.gov, the Fed- public meeting on a rulemaking ac- eral Docket Management System tion?

website. For additional instructions, Yes, you may request that we hold a you may visit http://www.faa.gov, and public meeting. FAA holds a public navigate to the Rulemaking home meeting when we need more than writ- page.

ten comments to make a fully in- (2) By paper submission, send the formed decision. Submit your written original signed copy of your petition request to the address specified in the for rulemaking or exemption to this rulemaking document on which you address: U.S. Department of Transpor- are commenting. Specify at the top of tation, Docket Operations, West Build- your letter or message that you are re- ing Ground Floor, Room W12–140, 1200 questing that the agency hold a public New Jersey Avenue, SE., Washington, meeting. Submit your request no later DC 20590.

than 30 days after our rulemaking no- (b) Submit a petition for rulemaking tice. If we find good cause for a meet- or exemption from part 139 of this ing, we will notify you and publish a chapter— notice of the meeting in the F EDERAL (1) To the appropriate FAA airport R EGISTER .

field office in whose area your airport is, or will be, established; and § 11.53 What takes place at a public (2) To the U.S. Department of Trans- meeting?

portation, Docket Operations, West A public meeting is a non-adver- Building Ground Floor, Room W12–140, sarial, fact-finding proceeding con- 1200 New Jersey Avenue, SE., Wash- ducted by an FAA representative. Pub- ington, DC 20590 or by electronic sub- lic meetings are announced in the F ED- mission to this Internet address: http:// ERAL R EGISTER . We invite interested www.regulations.gov.

persons to attend and to present their (c) The FAA may designate other views to the agency on specific issues.

means by which you can submit peti- There are no formal pleadings and no tions in the future.

adverse parties, and any regulation (d) Submit your petition for exemp- issued afterward is not necessarily tion 120 days before you need the ex- based exclusively on the record of the emption to take effect.

meeting.

[Amdt. 11–50, 69 FR 22386, Apr. 26, 2004, as amended at 72 FR 68474, Dec. 5, 2007; Amdt.

P ETITIONS FOR R ULEMAKING AND FOR 11–55, 74 FR 202, Jan. 5, 2009; FAA–2016–6761, E XEMPTION Amdt. No. 11–62, 83 FR 28534, June 20, 2016] § 11.61 May I ask FAA to adopt, amend, § 11.71 What information must I in- or repeal a regulation, or grant re- clude in my petition for rule- lief from the requirements of a cur- making?

rent regulation?

(a) You must include the following (a) Using a petition for rulemaking, information in your petition for rule- you may ask FAA to add a new regula- making: tion to title 14 of the Code of Federal (1) Your name and mailing address Regulations (14 CFR) or ask FAA to and, if you wish, other contact infor- amend or repeal a current regulation in mation such as a fax number, tele- 14 CFR.

phone number, or e-mail address.

(b) Using a petition for exemption, (2) An explanation of your proposed you may ask FAA to grant you relief action and its purpose.

from current regulations in 14 CFR.

(3) The language you propose for a § 11.63 How and to whom do I submit new or amended rule, or the language my petition for rulemaking or peti- you would remove from a current rule.

tion for exemption?

(4) An explanation of why your pro- (a) To submit a petition for rule- posed action would be in the public in- making or exemption— terest.

Federal Aviation Administration, DOT § 11.77 (5) Information and arguments that part of that project. We will not treat support your proposed action, includ- your petition as a separate action.

ing relevant technical and scientific (d) If we have tasked ARAC to study data available to you.

the general subject area of your peti- (6) Any specific facts or cir- tion, we will ask ARAC to review and cumstances that support or dem- evaluate your proposed action. We will onstrate the need for the action you not treat your petition as a separate propose.

action.

(b) In the process of considering your (e) If we determine that the issues petition, we may ask that you provide you identify in your petition may have information or data available to you merit, but do not address an immediate about the following: safety concern or cannot be addressed (1) The costs and benefits of your pro- because of other priorities and resource posed action to society in general, and constraints, we may dismiss your peti- identifiable groups within society in tion. Your comments and arguments particular.

for a rule change will be placed in a (2) The regulatory burden of your database, which we will examine when proposed action on small businesses, we consider future rulemaking.

small organizations, small govern- mental jurisdictions, and Indian tribes.

§ 11.75 Does FAA invite public com- (3) The recordkeeping and reporting ment on petitions for rulemaking?

burdens of your proposed action and whom the burdens would affect.

Generally, FAA does not invite pub- (4) The effect of your proposed action lic comment on petitions for rule- on the quality of the natural and social making.

environments.

§ 11.77 Is there any additional infor- § 11.73 How does FAA process peti- mation I must include in my peti- tions for rulemaking?

tion for designating airspace?

After we have determined the dis- In petitions asking FAA to establish, position of your petition, we will con- amend, or repeal a designation of air- tact you in writing about our decision.

space, including special use airspace, The FAA may respond to your petition you must include all the information for rulemaking in one of the following specified by § 11.71 and also: ways: (a) The location and a description of (a) If we determine that your petition the airspace you want assigned or des- justifies our taking the action you sug- ignated; gest, we may issue an NPRM or (b) A complete description of the ac- ANPRM. We will do so no later than 6 tivity or use to be made of that air- months after the date we receive your space, including a detailed description petition. In making our decision, we of the type, volume, duration, time, consider: and place of the operations to be con- (1) The immediacy of the safety or se- curity concerns you raise; ducted in the area; (2) The priority of other issues the (c) A description of the air naviga- FAA must deal with; and tion, air traffic control, surveillance, (3) The resources we have available and communication facilities available to address these issues.

and to be provided if we grant the des- (b) If we have issued an ANPRM or ignation; and NPRM on the subject matter of your (d) The name and location of the petition, we will consider your argu- agency, office, facility, or person who ments for a rule change as a comment would have authority to permit the use in connection with the rulemaking pro- of the airspace when it was not in use ceeding. We will not treat your peti- for the purpose to which you want it tion as a separate action.

assigned.

(c) If we have begun a rulemaking project in the subject area of your peti- tion, we will consider your comments and arguments for a rule change as 14 CFR Ch. I (1–1–25 Edition) § 11.81 with ICAO. However, a foreign country § 11.81 What information must I in- clude in my petition for an exemp- still may not allow you to operate in tion?

that country without meeting the ICAO standard.

You must include the following infor- mation in your petition for an exemp- § 11.85 Does FAA invite public com- tion and submit it to FAA as soon as ment on petitions for exemption?

you know you need an exemption.

Yes, FAA publishes information (a) Your name and mailing address about petitions for exemption in the and, if you wish, other contact infor- F EDERAL R EGISTER. The information mation such as a fax number, tele- includes— phone number, or e-mail address; (a) The docket number of the peti- (b) The specific section or sections of tion; 14 CFR from which you seek an exemp- (b) The citation to the rule or rules tion; from which the petitioner requested re- (c) The extent of relief you seek, and lief; the reason you seek the relief; (c) The name of the petitioner; (d) The reasons why granting your re- (d) The petitioner’s summary of the quest would be in the public interest; action requested and the reasons for re- that is, how it would benefit the public questing it; and as a whole; (e) A request for comments to assist (e) The reasons why granting the ex- FAA in evaluating the petition.

emption would not adversely affect safety, or how the exemption would § 11.87 Are there circumstances in provide a level of safety at least equal which FAA may decide not to pub- to that provided by the rule from lish a summary of my petition for which you seek the exemption; exemption?

(f) A summary we can publish in the The FAA may not publish a summary F EDERAL R EGISTER , stating: of your petition for exemption and re- (1) The rule from which you seek the quest comments if you present or we exemption; and find good cause why we should not (2) A brief description of the nature delay action on your petition. The fac- of the exemption you seek; tors we consider in deciding not to re- (g) Any additional information, views quest comment include: or arguments available to support your (a) Whether granting your petition request; and would set a precedent.

(h) If you want to exercise the privi- (b) Whether the relief requested is leges of your exemption outside the identical to exemptions granted pre- United States, the reason why you viously.

need to do so.

(c) Whether our delaying action on your petition would affect you ad- § 11.83 How can I operate under an ex- versely.

emption outside the United States?

(d) Whether you filed your petition in If you want to be able to operate a timely manner.

under your exemption outside the United States, you must request this § 11.89 How much time do I have to when you petition for relief and give us submit comments to FAA on a peti- tion for exemption?

the reason for this use. If you do not provide your reason or we determine The FAA states the specific time al- that it does not justify this relief, we lowed for comments in the F EDERAL will limit your exemption to use within R EGISTER notice about the petition. We the United States. Before we extend usually allow 20 days to comment on a your exemption for use outside the petition for exemption.

United States, we will verify that the § 11.91 How does FAA inform me of its exemption would be in compliance with decision on my petition for exemp- the Standards of the International tion?

Civil Aviation Organization (ICAO). If it would not, but we still believe it The FAA will notify you in writing would be in the public interest to allow about its decision on your petition. A you to do so, we will file a difference copy of this decision is also placed in Federal Aviation Administration, DOT § 11.201 the public docket. We will include the to get approval from OMB for our in- docket number associated with your formation collection activities, and to petition in our letter to you. list a record of those approvals in the F EDERAL R EGISTER. This subpart lists [Doc. No. FAA–2005–22982, 71 FR 1485, Jan. 10, the control numbers OMB assigned to 2006] FAA’s information collection activi- § 11.101 May I ask FAA to reconsider ties.

my petition for rulemaking or peti- (b) The table listing OMB control tion for exemption if it is denied?

numbers assigned to FAA’s informa- tion collection activities follows: Yes, you may petition FAA to recon- sider your petition denial. You must 14 CFR part or submit your request to the address to section identified Current OMB control number and described which you sent your original petition, and FAA must receive it within 60 days Part 13.5 ............ 2120–0795 after we issued the denial. For us to ac- Part 14 ............... 2120–0539 Part 17 ............... 2120–0632 cept your petition, show the following: Part 21 ............... 2120–0018, 2120–0552 (a) That you have a significant addi- Part 34 ............... 2120–0508 tional fact and why you did not present Part 39 ............... 2120–0056 Part 43 ............... 2120–0020 it in your original petition; Part 45 ............... 2120–0508 (b) That we made an important fac- Part 47 ............... 2120–0024, 2120–0042 tual error in our denial of your original Part 48 ............... 2120–0765 petition; or Part 49 ............... 2120–0043 Part 60 ............... 2120–0680 (c) That we did not correctly inter- Part 61 ............... 2120–0021, 2120–0034, 2120–0543, pret a law, regulation, or precedent.

2120–0571, 2120–0816 Part 63 ............... 2120–0007 § 11.103 What exemption relief may be Part 65 ............... 2120–0022, 2120–0535, 2120–0571, available to federal, state, and local 2120–0648 Part 67 ............... 2120–0034, 2120–0543 governments when operating air- Part 77 ............... 2120–0001 craft that are not public aircraft?

Part 89 ............... 2120–0781, 2120–0782, 2120–0783, The Federal Aviation Administration 2120–0785.

Part 91 ............... 2120–0005, 2120–0026, 2120–0027, may grant a federal, state, or local 2120–0573, 2120–0606, 2120–0620, government an exemption from part A 2120–0631, 2120–0651, 2120–0819, of subtitle VII of title 49 United States 2120–0820.

Code, and any regulation issued under Part 93 ............... 2120–0524, 2120–0606, 2120–0639 Part 101 ............. 2120–0027 that authority that is applicable to an Part 105 ............. 2120–0027, 2120–0641 aircraft as a result of the Independent Part 107 ............. 2120–0005, 2120–0021, 2120–0027, Safety Board Act Amendments of 1994, 2120–0767, 2120–0768, 2120–0775.

Part 111 ............. 2120–0607 Public Law 103–411, if— Part 119 ............. 2120–0593 (a) The Administrator finds that Part 121 ............. 2120–0008, 2120–0028, 2120–0535, granting the exemption is necessary to 2120–0571, 2120–0600, 2120–0606, 2120–0614, 2120–0616, 2120–0631, prevent an undue economic burden on 2120–0651, 2120–0653, 2120–0691, the unit of government; and 2120–0739, 2120–0760, 2120–0766.

(b) The Administrator certifies that Part 125 ............. 2120–0028, 2120–0085, 2120–0616, the aviation safety program of the unit 2120–0651 Part 129 ............. 2120–0028, 2120–0536, 2120–0616, of government is effective and appro- 2120–0638 priate to ensure safe operations of the Part 133 ............. 2120–0044 type of aircraft operated by the unit of Part 135 ............. 2120–0003, 2120–0028, 2120–0039, 2120–0535, 2120–0571, 2120–0600, government.

2120–0606, 2120–0614, 2120–0616, [68 FR 25488, May 13, 2003] 2120–0620, 2120–0631, 2120–0653, 2120–0766.

Part 137 ............. 2120–0049 Subpart B—Paperwork Reduction Part 139 ............. 2120–0045, 2120–0063 Part 141 ............. 2120–0009 Act Control Numbers Part 142 ............. 2120–0570 Part 145 ............. 2120–0003, 2120–0010, 2120–0571 § 11.201 Office of Management and Part 147 ............. 2120–0040 Budget (OMB) control numbers as- Part 150 ............. 2120–0517 signed under the Paperwork Reduc- Part 157 ............. 2120–0036 tion Act. Part 158 ............. 2120–0557 Part 161 ............. 2120–0563 (a) The Paperwork Reduction Act of Part 171 ............. 2120–0014 1995 (44 U.S.C. 3501–3520) requires FAA Part 183 ............. 2120–0033, 2120–0604

14 CFR Ch. I (1–1–25 Edition) § 11.201, Nt.

14 CFR part or 14 CFR part or sec- section identified Current OMB control number tion identified and de- Current OMB control No.

and described scribed Part 193 ............. 2120–0646 * * * * * * Part 198 ............. 2120–0514 * Part 400 ............. 2120–0643, 2120–0644, 0649 Part 401 ............. 2120–0608 Part 440 ............. 2120–0601

PART 13—INVESTIGATIVE AND

SFAR 36 ............ 2120–0507 SFAR 71 ............ 2120–0620

ENFORCEMENT PROCEDURES

Subpart A—General Authority to Re- [Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000, Delegate and Investigative Procedures as amended by Amdt. 11–47, 67 FR 9553, Mar.

1, 2002; Amdt. 11–49, 68 FR 61321, Oct. 27, 2003; Sec.

Amdt. 11–49, 68 FR 70132, Dec. 17, 2003; 70 FR 13.1 Re-delegation.

40163, July 12, 2005; 71 FR 63426, Oct. 30, 2006; 13.2 Reports of violations.

72 FR 59599, Oct. 22, 2007; Amdt. 11–56, 79 FR 13.3 Investigations (general).

12937, Mar. 7, 2014; Amdt. 11–57, 80 FR 58586, 13.5 Formal complaints.

Sept. 30, 2015; Doc. FAA–2015–7396, Amdt. 11– 13.7 Records, documents, and reports.

58, 80 FR 79255, Dec. 21, 2015; Doc. FAA–2011– 1136, Amdt. 11–59, 81 FR 13969, Mar. 16, 2016; Subpart B—Administrative Actions Doc. FAA–2014–0554, Amdt. 11–60, 81 FR 33117, May 24, 2016; 81 FR 38573, June 14, 2016; Doc.

13.11 Administrative disposition of certain FAA–2016–9064, Amdt. 11–61, 81 FR 59129, Aug.

violations.

29, 2016; FAA–2018–1087, Amdt. 11–64, 86 FR 4381, Jan. 15, 2021; Docket No. FAA–2019–1100, Subpart C—Legal Enforcement Actions Amdt. 11–63, 86 FR 4503, Jan. 15, 2021; FAA– 13.13 Consent orders.

2020–0246, Amdt. 11–65, 86 FR 31060, June 10, 13.14 [Reserved] 2021; FAA–2018–1051, Amdt. 13–40A, 87 FR 13.15 Civil penalties: Other than by adminis- 61233, Oct. 11, 2022; FAA–2023–2250, Amdt. 11– trative assessment.

66, 89 FR 67849, Aug. 22, 2024; FAA–2023–0825; 13.16 Civil penalties: Administrative assess- Amdt. No. 11–67, 89 FR 80049, Oct. 1, 2024; ment against a person other than an in- FAA–2023–1351; Amdt. No. 11–68, 89 FR 80339, dividual acting as a pilot, flight engi- Oct. 2, 2024] neer, mechanic, or repairman; adminis- E DITORIAL N OTE : At 89 FR 90577, Nov. 18, trative assessment against all persons 2024, § 11.201(b) table was revised; however, for hazardous materials violations.

the amendment could not be incorporated 13.17 Seizure of aircraft.

due to an inaccurate amendatory instruc- 13.18 Civil penalties: Administrative assess- tion.

ment against an individual acting as a pilot, flight engineer, mechanic, or re- E FFECTIVE D ATE N OTE : At 89 FR 92483, Nov.

pairman.

21, 2024, § 11.201 was amended by adding the 13.19 Certificate actions appealable to the entry ‘‘Part 194’’ in numerical order to the National Transportation Safety Board.

table in paragraph (b), effective Jan. 21, 2025.

13.20 Orders of compliance, cease and desist For the convenience of the user, the added orders, orders of denial, and other orders.

text is set forth as follows: 13.21–13.29 [Reserved] § 11.201 Office of Management and Budget Subpart D—Rules of Practice for FAA (OMB) control numbers assigned under the Paperwork Reduction Act.

Hearings 13.31 Applicability.

* * * * * 13.33 Parties, representatives, and notice of appearance.

(b) * * * 13.35 Request for hearing, complaint, and answer.

14 CFR part or sec- tion identified and de- Current OMB control No. 13.37 Hearing officer: Assignment and pow- scribed 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.

Part 194 ..................... 2120–0009, 2120–0021, 2120–0039, 13.44 [Reserved] 2120–0600, 2120–0607, 2120– 0663, 2120–0701. 13.45 Computation of time and extension of time.