(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 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. § 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 Agency 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 Agency, Washington 25, D.C.; (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proposed, or of the rule from which the exemption is sought, or specify the rule that the petitioner seeks to have repealed, as the case may be; (4) Explain the interests of the petitioner in the action requested including, in the case of a petition for an exemption, the nature and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 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. [Docket No. 1242, 27 F.R. 9586, Sept. 28, 1962, as amended by Amdt. 11-5, 31 F.R. 11091, Aug. 20, 1966] § 11.27 Action on petitions for rule making or exemptions. (a) No public hearing, argument, or other formal proceeding is held directly on a petition filed under § 11.25, before its disposition by the FAA. (b) If the Administrator determines that the petition discloses adequate reasons, he issues a notice of proposed rule making, or adopts a final rule, or, if it is in the public interest, grants the exemption. (c) If the Administrator determines that the petition does not justify instituting rule-making procedures granting the requested exemption, he notifies the petitioner to that effect. or 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 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 rulemaking 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 Board. (b) To indicate its intention to participate in any proceeding described in paragraph (a) of this section, the Board may file written information, views, or arguments in response to a notice of proposed rule making issued by the Administrator. The Board is entitled to the procedural privileges accorded other parties and is equally free to participate. § 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 Agency, Washington 25, D.C., or to the Regional or District Office nearest to the person making the request. Subpart C-Processing of Rules Other (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. [Docket No. 1242, 27 F.R. 9586, Sept. 28, 1962, as amended by Amdt. 11-5, 31 F.R. 11091, Aug. 20, 1966; Amdt. 11-16, 31 F.R. 13697, Oct. 25, 1966] § 11.43 Processing of petitions for rule making or exemption_from__parts of this chapter, except Part 67. Whenever the FAA receives a petition for rule making or for an exemption (other than from Part 67 of this chapter), a copy of the petition is referred for action, as provided in § 11.27. of the Office or Service having substantive responsibility for the subject involved. § 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 General Counsel with respect to form and legality, issue the notice provided for in § 11.29. In addition, he may grant or deny petitions for extension of the time for comments on the notice, filed under § 11.29 (c). [Doc. No. 1242, 27 F.R. 9586, Sept. 28, 1962; as amended by Amdt. 11-1, 28 F.R. 2897, Mar. 23, 1963] § 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 § 11.33 are necessary or desirable, he may designate representatives to conduct those proceedings. [Docket No. 1242, 27 F.R. 9586, Sept. 28, 1962, as amended by Amdt. 11-5, 31 F.R. 11091, Aug. 20, 1966] § 11.49 Adoption of final rules. 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 General Counsel prepare an appropriate rule, subject to the approval of the General Counsel as to form and legality. The rule is then submitted, with the recommendations of the head of the Office or Service concerned and the General Counsel, to the Administrator for his consideration. If he adopts the rule, it is published in the FEDERAL REGISTER. § 11.51 Denial of petition for rule making. Whenever it is determined that a petition for rule making filed under § 11.25 should be denied, the Office or Service concerned prepares, subject to the approval of the General Counsel with respect to form and legality, a notice of denial for the Administrator's signature. § 11.53 Grant or denial of exemption, other than from Part 67. (a) The head of the Office or Service concerned may, subject to the approval of the General Counsel with respect to form and legality, grant or deny any petition for an exemption (other than from Part 67 of this chapter). 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 General 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 General Counsel with respect to form and legality, a notice to the petitioner informing him of the action taken. § 11.55 Exemptions from Part 67. (a) A copy of each petition for an exemption from any provision of Part 67 of this chapter, and the medical information that the Aviation Medical Service has concerning the petitioner, is referred to an appropriate advisory panel of medical specialists for their recommendation. (b) The function of the advisory panel of medical specialists is to examine the petitioner's medical condition and advise the Administrator whether it considers that the specific nature of the applicant's medical defect that makes him unable to meet the medical standards for his certificate is such that he can be exempted from those standards without endangering public safety during the period the medical certificate would be in effect. The panel shall obtain the views of the Civil Air Surgeon on the matters involved in each petition for exemption. (c) If the advisory panel desires additional medical information or further medical examination of the petitioner, it shall so advise the Civil Air Surgeon who shall send the request to the petitioner. The Civil Air Surgeon shall give any information so obtained to the panel immediately after he receives it and shall send a copy to be placed in the official rule-making docket. (d) The Civil Air Surgeon shall make the facilities of his Service available to the advisory panel to the extent it considers helpful, furnish it with such administrative services as it requests in connection with a petition for exemption, and advise the panel of his views on each petition. (e) Based on the public interest and in light of the specific situation involved, the Administrator grants or denies the petition after receiving the panel's recommendation. A notice of the action taken by the Administrator is sent to the petitioner. Subpart D-Rules and Procedures for Airspace Assignment and Use § 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 Associate Administrator for Programs, the Director, Air Traffic Service (or any person to whom he has delegated his authority in the matter concerned), or a Regional Director. The authority of the Regional Director is limited to those matters relating to terminal airspace within the United States, as described in § 71.165 of Subpart E, and Subparts F and G of Part 71. He may, however, include those matters relating to Federal airways or additional control areas within the United States, as described in Subparts B, C, and I, and § 71.163 of Subpart E of Part 71, if they are ancillary to the terminal area. airspace matter. (d) For the purposes of this subpart, "General Counsel" means the General Counsel, or a Regional Counsel, or any person to whom the General Counsel or Regional Counsel has delegated his authority in the matter concerned. (49 U.S.C. 1348) [Doc. No. 1242, 27 FR. 9586, Sept. 28, 1962, as amended by Amdt. 11-3, 29 F.R. 9662, July 17, 1964; Amdt. 11-4, 29 F.R. 15074, Nov. 7, 1964; Amdt. 11-5; 31 F.R. 11091, Aug. 20, 1966] § 11.63 Filing of proposals. (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 General Counsel with respect to form and legality, the Director issues a notice of any rejected proposal. [Doc. No. 1242, 27 F.R. 9586, Sept. 28, 1962, as amended by Amdt. 11-3, 29 F.R. 9662, July 17, 1964] § 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 rulemaking action is to be taken on his own motion, the Director, subject to the approval of the General 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 informa tion, views, or arguments on the notice. Petitions for extension of the time for such comments are governed by the provisions of § 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 a conference must also be submitted in writing in accordance with the notice. [Doc. No. 1242, 27 F.R. 9586, Sept. 28, 1962; as amended by Amdt. 11-1, 28 F.R. 2897, Mar. 23, 1963] § 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 General 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. |