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FAR11.11:Whatisa .nalrulewith requestforcomments?
A .nal rulewith requestforcommentisarulethattheFAAissuesin .nal(with an e.ectivedate) thatinvitespubliccommentontherule.We usuallydothiswhen wehave not .rst issued an ANPRM or NPRM, because we have found that doing so would be impracticable, unnecessary, or contrary to the public interest. We give our reasons for our determination in the preamble. The comment period often ends after the e.ective dateof therule.A .nal rulenotprecededby anANPRM orNPRMiscommonly called an ”immediately adopted .nal rule.” We invite comments on these rules only if we think that we will receive usefulinformation.For example, we would notinvite comments when we arejust making an editorial clari.cation or correction. Amdt. 11-46, E.. 9/20/2000
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Elodie Roux. Septembre 2003
Subpart A : Rulemaking Procedures
FAR11.13:Whatisadirect .nalrule?
A direct .nal rule is a type of .nal rule with request for comments. Our reason for issuing a direct .nal rule without an NPRM is that we would not expect to receive any adverse comments, and so an NPRM is unnecessary. However, to be certain that we are correct, we set the comment period to end before the e.ective date. If we receive an adverse comment or notice of intent to .le an adverse comment, we then withdraw the .nal rule before it becomes e.ective and may issue an NPRM. Amdt. 11-46, E.. 9/20/2000
FAR11.15 :Whatis apetitionfor exemption?
A petition for exemption is a request to FAA by an individual or entity asking for relief from the requirements of a current regulation. Amdt. 11-46, E.. 9/20/2000
FAR11.17 :Whatis apetitionfor rulemaking?
A petition for rulemaking is a request to FAA by an individual or entity asking the FAA to adopt, amend, or repeal a regulation. Amdt. 11-46, E.. 9/20/2000
FAR11.19 :Whatis a special condition?
A special condition is a regulation that applies to a particular aircraft design. The FAA issues special conditions when we .nd that the airworthiness regulations for an aircraft, aircraft engine, orpropellerdesigndo not contain adequate or appropriate safety standards, because of a novel or unusual design feature. Amdt. 11-46, E.. 9/20/2000
FAR 11.21 : What are the most common kinds of rulemaking actions for whichFAAfollows theAdministrativeProcedureAct?
FAAfollowsAdministrativeProcedureAct(APA)proceduresforthese commontypes of rules :
(a)
Rules found in the Code of Federal Regulations;
(b)
Airworthiness directives issued under part 39 of this chapter; and
(c)
AirspaceDesignationsissued under variousparts of this chapter. Amdt. 11-46, E.. 9/20/2000
FAR 11.23 : Does FAA follow the same procedures in issuing all types of rules?
Yes, in general, FAA follows the same procedures for all rule types. There are some di.erencesasto whichFAA o.cialhasauthority toissueeach type, and whereyousend petitions for FAA to adopt, amend, or repeal each type. Assume that the procedures in this subpart apply to all rules, except where we specify otherwise. Amdt. 11-46, E.. 9/20/2000
FAR11.25 :HowdoesFAAissue rules?
(a)
The FAA uses APA rulemaking procedures to adopt, amend, or repeal regulations. To propose or adopt a new regulation, or to change a current regulation, FAA will issue one or more of the following documents. We publish these rulemaking documents in the Federal Register unless we name and personally serve a copy of a rule on every person subject to it. We also make all documents available to the public byposting them in the Department of Transportation’s electronic docket at http ://dms.dot.gov.
(1)
An advance notice ofproposed rulemaking(ANPRM).
(2)
A notice ofproposed rulemaking(NPRM).
(3)
A supplemental notice ofproposed rulemaking(SNPRM).
(4)
A .nal rule.
(5)
A .nal rule with request for comments.
(6)
A direct .nal rule.
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