eration of an aircraft over-the-top under VFR when it is not being operated on an IFR flight plan.

(Secs. 307, 601-603, 72 Stat. 749, 775, 776, 49 -U.S.C. 1348, 1421-1423) [Doc. No. 1150, 27 FR. 4588, May 15, 1962, as amended by Amdt. 1-1, 28 F.R. 6703, June 29, 1963; Amdt. 1-2. 29 F.R. 603, Jan. 24, 1964; Amdt. 1-3, 29 F.R. 2991, Mar. 6, 1964; Amdt. 1-4, 29 F.R. 5450, Apr. 23, 1964; Amdt. 1-5, 29 FR. 7453, June 10, 1964; Amdt. 1-6, 29 F.R. 18290, Dec. 24, 1964; Amdt. 1-7, 29 F.R. 19188, Dec. 31, 1964; Amdt. 1-8, 30 F.R. 3638, Mar. 19, 1965; Amdt. 1-9, 30 F.R. 8257, June 29, 1965; Amdt. 1-10, 31 F.R. 5055, Mar. 29, 1966; Amdt. 1-11, 32 F.R. 3735, Mar. 4, 1967; Doc. No. 8084, 32 F.R. 5769, Apr. 11, 1967; Amdt. 1-12, 32 F.R. 6905, May 5, 1967; Amdt. 1-13, 32 F.R. 9641, July 4, 1967; Amdt. 1-13, 32 F.R. 10250, July 12, 1967; Amdt. 1-14, 32 FR. 13910, Oct. 6, 1967]

§1.2 Abbreviations and symbols.

In subchapters A through K of this chapter:

"ALS" means approach light system. airport surveillance

"ASR" means

radar.

"ATC" means air traffic control.

"M" means mach number.

"MAA" means maximum authorized IFR altitude.

"MALS" means medium intensity approach light system.

"MCA" means minimum crossing altitude.

"MDA" means minimum descent altitude.

"MEA" means minimum en route IFR altitude.

"MM" means ILS middle marker. "MOCA" means minimum obstruction clearance altitude.

"MRA" means minimum reception altitude.

"MSL" means mean sea level. "NDB(ADF)"

means nondirectional beacon (automatic direction finder). "NOPT" means no procedure turn required.

"OM" means ILS outer marker.
"PAR""

radar.

"RBN" means radio beacon.

means precision approach

equipment compatible with TACAN.

"EAS" means equivalent airspeed. "FAA" means Federal Aviation Administration.

"FM" means fan marker.

"GS" means glide slope.

"HIRL" means high-intensity runway Elight system.

"IAS" means indicated airspeed. "ICAO" means International Civil Aviation Organization.

"IFR" means instrument flight rules. "ILS" means instrument landing system.

"IM" means ILS inner marker.
"INT" means intersection.

"LDA" means localizer-type directional aid.

"LFR" means low-frequency radio range.

"LMM" means compass locator at middle marker.

"LOC" means ILS localizer.

"LOM" means compass locator at outer

marker.

(Secs. 307, 601-603, 72 Stat. 749, 775, 77 49 U.S.C. 1348, 1421-1423) [Doc. No. 115 27 F.R. 4590, May 15, 1962, as amended Amdt. 1-1, 28 F.R. 6704, June 29, 196 Amdt. 1-6, 29 F.R. 18290, Dec. 24, 196 Amdt. 1-10, 31 F.R. 5055, Mar. 29, 196 Doc. No. 8084, 32 F.R. 5769, Apr. 11, 196 Amdt. 1-2, 32 F.R. 6905, May 5, 1967; Amd 1-14, 32 F.R. 13910, Oct. 6, 1967; Amdt. 1-1 33 F.R. 962, Jan. 26, 1968]

§ 1.3 Rules of construction.

(a) In subchapters A through K this chapter, unless the context require otherwise:

(1) Words importing the singular in clude the plural;

(2) Words importing the plural in clude the singular; and

(3) Words importing the masculin gender include the feminine.

(b) In subchapters A through K this chapter, the word:

(1) "Shall" is used in an imperativ sense;

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. AUTHORITY: The provisions of this Part 11 issued under secs. 303(d), 313(a), 501-506, 601-608, and 1001, 72 Stat. 747, 752, 771, 772, 774-776, 778-779, 788; 49 U.S.C. 1344 (d), 1354(a), 1401-1405, 1421-1428, 1481, unless otherwise noted.

SOURCE: The provisions of this Part 11 contained in Docket No. 1242, 27 F.R. 9586, Sept. 28, 1962, unless otherwise noted.

Subpart A-General

§ 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.

Official FAA records relating to rulemaking actions, including proposals, notices of proposed rule making, written material received in response to notices, petitions for rule making and exemptions, petitions for rehearing or reconsideration, petitions for modification or revocation, notices granting or denying exemptions, reports of proceedings conducted under § 11.47, notices denying proposals, and final rules or orders are maintained in current docket form in the Office of the General Counsel. public docket relating to rule-making actions taken by Regional Directors under Subparts D and E of this Part is main

A

tained in the office of the Regional 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.

[Doc. No. 1242, 27 F.R. 9586, Sept. 28, 1962, as amended by Amdt. 11-4, 29 F.R. 15074, Nov. 7, 1964; Amdt. 11-6, 31 F.R. 13697, Oct. 25, 1966]

§ 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, Area Office, air traffic control facility or office, Air Carrier District Office, General Aviation District Office, International Field Office or FAA Representative in the Europe, Africa, and Middle East Region, or in the Pacific Region. The procedural requirements of §§ 11.53, 11.55, 11.71, and 11.91 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 limitation, 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 Director or Acting Director or officer in charge of the Region concerned, subject to ultimate action by the Director or Acting Director of the Service concerned.

(49 U.S.C. 1344, 1348, 1354, 1430) [Amdt. 11-2, 29 F.R. 7091, May 29, 1964, as amended by Amdt. 11-5, 31 F.R. 11091, Aug. 20, 1966; Amdt. 11-10, 33 F.R. 17850, Nov. 30, 1968]

Subpart B-Rules Other Than Air

space Assignment and Use

§ 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 proceedings 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.

§ 11.23 Initiating rule-making proce. dures.

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.

§ 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 § 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 60 days before the proposed effective date of the exemption;

(2) Be submitted in duplicate to the Federal Aviation Administration, Washington, D.C. 20590.

(3) Set forth the text 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 aircra or person to be covered by the exemp tion; and

(5) Contain any information, view or arguments available to the petitione to support the action sought, the reason why the granting of the request woul be in the public interest and, if appro priate, in the case of an exemption, th reason why the exemption would no adversely affect safety or the action t be taken by the petitioner to provide level of safety equal to that provided b the rule from which the exemption i sought.

[Docket No. 1242, 27 F.R. 9586, Sept. 28, 196 as amended by Amdt. 11-5, 31 F.R. 1109) Aug. 20, 1966; Docket No. 8084, 32 F.R. 576 Apr. 11, 1967; Amdt. 11-8, 32 F.R. 639 Apr. 25, 1967]

§ 11.27

Action on petitions for rul making or exemptions.

(a) No public hearing, argument, o other formal proceeding is held directl on a petition filed under § 11.25, befor its disposition by the FAA.

(b) If the Administrator determine that the petition discloses adequat reasons, he issues a notice of propose rule making, or adopts a final rule, or if it is in the public interest, grants the exemption.

(c) If the Administrator determine that the petition does not justify in stituting rule-making procedures 01 granting the requested exemption, h notifies the petitioner to that effect.

(d) Specific provisions covering ac tions on petitions are set forth in Sub part C of this part.

§ 11.29

Notice of proposed rule making

(a) Each general notice of proposed rule making is published in the FEDERA REGISTER, unless all persons subject to i are named and are personally serve with a copy of it.

(b) Each notice, whether published in the FEDERAL REGISTER or personall served, includes

(1) A statement of the time, place and nature of the proposed rule-making proceeding;

(2) A reference to the authority un der 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 sub

mitted and the required number of copies; and

(5) A statement of how and to what extent interested persons may participate in the proceeding, as prescribed by §§ 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 F.R. 9586, Sept. 28, 1962, as amended by Amdt. 11-1, 28 F.R. 2897, Mar. 23, 1963]

§ 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 § 11.33.

§ 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. § 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. [Doc. No. 1242, 27 F.R. 9586, Sept. 28, 1962, as amended by Doc. No. 8084, 32 F.R. 5769, Apr. 11, 1967]

§ 11.37 Requests for informal appear

ances.

(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.

[Doc. No. 1242, 27 F.R. 9586, Sept. 28, 1962, as amended by Doc. No. 8084, 32 F.R. 5769, Apr. 11, 1967; Amdt. 11-8, 32 F.R. 6390, Apr. 25, 1967]

Subpart C-Processing of Rules Other
Than Airworthiness Directives and
Airspace Assignment and Use
§ 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