(b)
Eachof the rulemakingdocumentsinparagraph(a) ofthis sectiongenerally contains the following information :
(1)
The topic involved in the rulemaking document.
(2)
FAA’s legal authority for issuing the rulemaking document.
(3)
How interested persons may participate in the rulemaking proceeding (for example, by .ling written comments or making oral presentations at a pu-blic meeting).
(4)
Whomto callifyouhavequestions aboutthe rulemaking document.
(5)
Thedate,time, andplace of anypublic meetingsFAA willhold todiscussthe rulemaking document.
(6)
The docket number and regulationidenti.er number(RIN)for the rulemaking proceeding.
Amdt. 11-46, E.. 9/20/2000
FAR 11.27 : Are there other ways FAA collects speci.c rulemaking recom-mendationsbefore weissue anNPRM?
Yes,theFAAobtains advice and recommendationsfrom rulemaking advisory commit-tees.One of these committeesis theAviationRulemakingAdvisoryCommittee(ARAC), whichis aformal standing committee comprised of representativesof aviation associations and industry, consumer groups, and interested individuals. In conducting its activities, ARAC complies with the Federal Advisory Committee Act and the direction of FAA. We task ARAC with providing us with recommended rulemaking actions dealing with speci.c areas and problems. If we accept an ARAC recommendation to change an FAA rule, we ordinarily publish an NPRM using the procedures in this part. The FAA may establish other rulemaking advisory committees as needed to focus on speci.c issues for a limited period of time. Amdt. 11-46, E.. 9/20/2000
′
Elodie Roux. Septembre 2003
Subpart A : Rulemaking Procedures
FAR 11.29 : May FAA change its regulations without .rst issuing an ANPRM or NPRM?
TheFAAnormally addsorchangesaregulationbyissuing a .nal ruleafteranNPRM. However,FAA may adopt,amend,orrepeal regulationswithout .rstissuing anANPRM or NPRM in the following situations :
(a)
Wemayissuea .nal rulewithout .rstrequestingpubliccommentif,forgood cause, we .nd that an NPRM is impracticable, unnecessary, or contrary to the public interest. We place that .nding and a brief statement of the reasons for it in the .nal rule.Forexample,wemayissuea .nal ruleinresponsetoasafety emergency.
(b)
If an NPRM would be unnecessary because we do not expect to receive adverse
comment, we may issue a direct .nal rule. Amdt. 11-46, E.. 9/20/2000
FAR11.31:HowdoesFAAprocessdirect .nalrules?
(a)
A direct .nal rule will take e.ect on a speci.ed date unless FAA receives an adverse comment ornoticeofintentto .leanadversecomment withinthecommentperiod– generally 60 days after the direct .nal rule is published in the Federal Register. An adverse comment explains why a rule would be inappropriate, or would be ine.ective or unacceptable without a change.It may challenge the rule’s underlying premise or approach. Under the direct .nal rule process, we do not consider the following types of comments to be adverse :
(1)
A comment recommending another rule change, in addition to the change in the direct .nal rule at issue. We consider the comment adverse, however, if the commenter states why the direct .nal rule would be ine.ective without the change.
(2)
A frivolous or insubstantial comment.
(b)
If FAA has not received an adverse comment or notice of intent to .le an adverse comment, we willpublish a con.rmationdocumentinthe FederalRegister,generally within 15 days after the comment period closes. The con.rmation document tells the public the e.ective date of the rule.
(c)
If we receive an adverse comment or notice of intent to .le an adverse comment, we will advise the public by publishing a document in the Federal Register before the e.ective date of the direct .nal rule. This document may withdraw the direct .nal rule in whole or in part. If we withdraw a direct .nal rule because of an adverse comment, we mayincorporatethe commenter’s recommendationinto anotherdirect .nal rule or maypublish a notice ofproposed rulemaking.
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