[Federal Register Volume 64, Number 239 (Tuesday, December 14, 1999)]
[Proposed Rules]
[Pages 69856-69865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32273]



[[Page 69855]]

_______________________________________________________________________

Part III





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



_______________________________________________________________________



14 CFR Part 11



General Rulemaking Procedures; Plain Language Clarification; Proposed 
Rules

  Federal Register / Vol. 64, No. 239 / Tuesday, December 14, 1999 / 
Proposed Rules  

[[Page 69856]]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 11

[Docket No. FAA-1999-6622; Notice No. 99-20]
RIN 2120-AG95


General Rulemaking Procedures

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: FAA is issuing this proposed rule in response to President 
Clinton's mandate to Federal agencies to make communications with the 
public more understandable. FAA proposes to revise and clarify its 
rulemaking procedures by putting them into plain language and by 
removing redundant and outdated material. Rulemaking procedures are an 
important way for the public to interact with FAA, and it is important 
that these procedures be easy to understand and follow.

DATES: Send your comments on or before January 28, 2000.

ADDRESSES: Address your comments to the Docket Management System, U.S. 
Department of Transportation, Room PL 401, 400 Seventh Street, SW, 
Washington, DC 20590-0001. You must identify the docket number FAA-
1999-6622 at the beginning of your comments, and you should submit two 
copies of your comments. If you wish to receive confirmation that FAA 
has received your comments, include a self-addressed, stamped postcard.
    You may also submit comments through the Internet to http://
dms.dot.gov. You may review the public docket containing comments to 
these proposed regulations in person in the Dockets Office between 9:00 
a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The 
Dockets Office is on the plaza level of the Nassif Building at the 
Department of Transportation at the above address. Also, you may review 
public dockets on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Donald Byrne, Assistant Chief Counsel, 
Regulations Division, AGC-200, Federal Aviation Administration, 800 
Independence Ave. SW., Washington, DC 20591; telephone: (202) 267-3073.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed action by submitting such written data, views, or arguments as 
they may desire. Comments relating to the environmental, energy, 
federalism, or economic impact that might result from adopting the 
proposals in this document also are invited. Substantive comments 
should be accompanied by cost estimates. Comments must identify the 
regulatory docket or notice number and be submitted in duplicate to the 
DOT Rules Docket address specified above.
    All comments received, as well as a report summarizing each 
substantive public contact with FAA personnel concerning this proposed 
rulemaking, will be filed in the docket. The docket is available for 
public inspection before and after the comment closing date.
    All comments received on or before the closing date will be 
considered by the Administrator before taking action on this proposed 
rulemaking. Comments filed late will be considered as far as possible 
without incurring expense or delay. The proposals in this document may 
be changed in light of the comments received.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this document must include a pre-addressed, 
stamped postcard with those comments on which the following statement 
is made: ``Comments to Docket No. FAA-1999-6622.'' The postcard will be 
date stamped and mailed to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the FAA regulations section 
of the FedWorld electronic bulletin board service (telephone: (703) 
321-3339) or the Government Printing Office (GPO)'s electronic bulletin 
board service (telephone: (202) 512-1661).
    Internet users may reach the FAA's web page at http://www.faa.gov/
avr/arm/nprm/nprm.htm or the GPO's web page at http://
www.access.gpo.gov/nara access to recently published rulemaking 
documents.
    Any person may obtain a copy of this document by submitting a 
request to the Federal Aviation Administration, Office of Rulemaking, 
ARM-1, 800 Independence Avenue SW., Washington, DC 20591, or by calling 
(202) 267-9680. Communications must identify the notice number or 
docket number of this NPRM.
    Persons interested in being placed on the mailing list for future 
rulemaking documents should request from the above office a copy of 
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution 
System, which describes the application procedure.

Background

1. Proposed Substantive Changes

    We propose to revise part 11 by eliminating redundant and outdated 
information that is not necessary to public participation in the 
rulemaking process. We also propose to remove supplementary information 
available on request from FAA, such as internal delegations of 
authority. This change will help FAA keep its procedures current 
because we will be able to change supplementary information that is not 
critical to your participation in the rulemaking process without the 
need to revise Part 11.
    Because of the elimination of redundant material from subparts A 
through E, FAA will fold all its rulemaking procedures into one 
subpart, A. This rulemaking consolidates material on different aspects 
of our regulatory program into one subpart, clarifying that there is 
really only one basic process the public must follow to interact with 
our regulatory program. We will eliminate some provisions that are 
obsolete. These changes are explained in more detail in the following 
paragraphs. Finally, we will update our list of information collection 
clearance numbers found in current subpart F, now redesignated subpart 
B. New subpart B is not printed here; it will be included in the final 
version of part 11.
A. General Changes
    FAA is proposing some general changes that will impact several 
different sections in the rule.
    Petitions for Reconsideration of Final Rules. We have removed any 
reference in proposed part 11 to petitions for reconsideration of a 
final rule. The current rule discusses this procedure only for final 
rules for the designation of controlled airspace and for airworthiness 
directives (see current Secs. 11.73 and 11.93). Actually, under both 
current part 11 and proposed part 11 you may ask FAA to reconsider any 
agency final rule by following FAA rulemaking procedures. For example, 
if the FAA issues a final rule accompanied by a request for comments, 
you may submit arguments why the final rule should not have been 
adopted. If we agree, we may issue another final rule repealing or 
revising the earlier rule.
    In addition, you may file a petition for rulemaking to repeal or 
revise a final rule we recently adopted. If we agree with you that we 
should not have adopted the final rule, we may issue

[[Page 69857]]

another final rule repealing or revising it. If you persuade us that 
the final rule was not reasonable in light of the record, including the 
comments we received, we may do this by issuing an immediate final rule 
to correct the problem. If you provide information that we didn't have 
before, we may need to preface our repeal or revision with an 
opportunity for others to comment.
    Petitions for Reconsideration of Denied Petitions. We have created 
a single, simplified section to explain how to obtain reconsideration 
of a denial of a petition for rulemaking or exemption. It is a 
simplified version of the rule that currently applies to denials of 
exemption (Sec. 11.55(d)). You have to present a significant new fact 
and tell us why you didn't include it in your original petition. Or you 
have to show us how we made a significant factual error or misapplied a 
law, regulation, or precedent incorrectly. If you can't do this, we 
won't be able to accept your petition for reconsideration.
    Rules and Procedures for Airspace Designation. The procedures for 
designation of airspace currently in subpart D of part 11 are a 
variation of the other rulemaking procedures found elsewhere in part 
11. As we have noted, we propose to consolidate all our rulemaking 
procedures in one subpart. We will continue to separately state other 
information specific to the process of designating airspace. For 
example, in new Sec. 11.77, we have indicated what information you must 
provide when you petition the FAA to establish, amend, or revoke an 
airspace designation. This information is in addition to what you must 
provide with any other petition for rulemaking.
    We have removed discussion of the Administrative Procedure Act for 
airspace actions, since it is the same as for other subparts. We also 
removed any reference to ``orders,'' since we no longer use them to 
designate airspace. We only use regulations that we adopt using part 11 
procedures. Also, we have removed references to most internal 
delegations. New part 11 would not specify time periods for agency 
action. The FAA will respond to petitions for airspace designations in 
a timely manner, and will provide a reasonable time for you to submit 
comments and to participate in any public meetings.
    We have removed the reference now in Sec. 11.65 that says an 
interested person is entitled to discuss or confer informally with 
appropriate FAA officials concerning a proposed action. This provision 
is contrary to DOT ex-parte policy, which prohibits non-public contacts 
with DOT officials once an NPRM has been issued. Where discussion of a 
proposal is appropriate, the FAA will hold an open public meeting.
    We have removed the provisions now in Sec. 11.67 for conducting 
hearings. Informal airspace meetings generally have replaced this 
procedure. These meetings are held prior to issuing an NPRM. We issue a 
notice announcing them in the Federal Register and open them to the 
public. At the meeting, we accept oral as well as written comments. The 
purpose of these meetings is to collect information from local aviation 
users on the impact on operations in the area of airspace changes we 
are considering.
    Publication of Petitions for Rulemaking. We have removed any 
reference to the publication of summaries of petitions for rulemaking 
for public comment.
    The FAA no longer publishes these summaries because we do an 
initial screening when we receive your petition. In circumstances where 
your petition does not meet our criteria for action, we will deny your 
petition without delay. In deciding whether to take action on your 
petition, we consider: the immediacy of the safety or security concerns 
you raise; their priority relative to other issues we must address; and 
the resources we have available to address these issues. We also may 
decline to handle your petition as a separate action if we are already 
addressing the issues you raise. For example, if we have tasked the 
Aviation Rulemaking Advisory Committee (ARAC) to study the general 
subject area of your petition, we may ask the ARAC to review and 
evaluate your proposed action as well.
    If your petition meets these criteria for action, and we are not 
otherwise addressing the issues you raise, we will respond by issuing a 
Notice of Proposed Rulemaking (NPRM) no later than 6 months after we 
receive your petition. In such a case, we invite public comment on the 
proposed rule, rather than on your petition itself.
    The FAA no longer publishes summaries of denials of petitions for 
rulemaking, in order to preserve resources for processing priority 
rulemaking actions.
    Removal of Delegations. We have removed almost all the references 
to internal FAA delegations involving the processing of rulemaking 
actions. A number of these delegations in current part 11 are no longer 
accurate. We will publish a separate notice in the Federal Register, 
telling you who exercises the authority of the Administrator in 
rulemaking matters. Doing this by notice instead of regulation will 
make it easier for us to keep this information current. You can get 
this information from us at any time.
    We have retained some references to delegations where you need to 
know them to participate in the rulemaking process. For example, the 
Director of Rulemaking accepts most petitions for rulemaking or 
exemption on behalf of the Administrator. Other officials accept 
certain other petitions. These are shown in tables in the proposed 
text.
    Special Conditions. We have removed the discussion of special 
conditions now in Sec. 11.28. The FAA issues special conditions when we 
find that the airworthiness standards for a proposed aircraft, engine, 
or propeller design do not contain adequate or appropriate safety 
standards, because of a novel or unusual design feature. The FAA 
follows the same rulemaking procedures as it does for general rules, 
and thus there is no need to address special condition regulations 
separately. FAA publishes additional information in the Federal 
Register notice to assist you in commenting on a proposed special 
condition.
    Legal Citations. Current part 11 identifies some types of 
rulemaking by the statutory authority under which they are issued. For 
example, subpart D, which deals with the processing of airspace 
designations, refers to them as ``rules and orders issued under 
Sec. 307(a) of the Federal Aviation Act of 1958.'' In plain language, 
we call these simply ``airspace designations.'' In addition, most of 
the legal citations in current part 11 are out of date. We have removed 
them since they are unnecessary to understanding the process. We will 
continue to include in the regulatory documents themselves legal 
citations to the authority under which we issue them.
    Electronic Filing. The new rule makes clear that we will accept 
comments, petitions, requests for extension of comment periods, and 
other requests from the public by e-mail.
B. Description of Proposed Sections
    Section 11.1: To what does this part apply? Proposed Sec. 11.1 
states that the part applies to FAA rulemaking actions covered by the 
Administrative Procedure Act (APA).
    Section 11.3: What are the most common kinds of rulemaking actions 
for which FAA follows APA procedures? Proposed Sec. 11.3 lists the most 
common types of rulemaking actions taken by FAA that are covered by the 
Administrative Procedure Act.
    Section 11.5: Does FAA follow the same procedures in issuing all 
three types of rules? Proposed Sec. 11.5 states

[[Page 69858]]

that FAA follows the same general procedures for all these types of 
rules.
    Section 11.11: How does FAA issue rules? Proposed Sec. 11.11 lists 
the types of rulemaking documents that FAA issues, such as notices of 
proposed rulemaking and final rules, and what we put in the documents.
    Section 11.13: What is an advance notice of proposed rulemaking? 
Proposed Sec. 11.13 describes an advance notice of proposed rulemaking.
    Section 11.15: Are there other ways FAA collects specific 
rulemaking recommendations before we issue an NPRM? Proposed Sec. 11.15 
describes FAA's use of the Aviation Rulemaking Advisory Committee and 
other rulemaking advisory committees to get advice about specific 
rulemakings.
    Section 11.17: What is a notice of proposed rulemaking? Proposed 
Sec. 11.17 describes a notice of proposed rulemaking.
    Section 11.19: What is a supplemental notice of proposed 
rulemaking? Proposed Sec. 11.19 describes a supplemental notice of 
proposed rulemaking.
    Section 11.21: May FAA change its regulations without first issuing 
an ANPRM or NPRM? Proposed Sec. 11.21 explains the circumstances under 
which FAA may adopt, amend, or repeal regulations without first issuing 
an ANPRM or NPRM.
    Section 11.23: What is a final rule? Proposed Sec. 11.23 describes 
a final rule.
    Section 11.25: What is a direct final rule? Proposed Sec. 11.25 
describes a direct final rule.
    Section 11.27: How does FAA process direct final rules? Proposed 
Sec. 11.27 discusses FAA's publication of information on direct final 
rules in the Federal Register and how FAA deals with adverse comments 
on direct final rules.
    Section 11.29: What is a final rule with request for comments? 
Proposed Sec. 11.29 discusses when FAA might ask for comments on a 
final rule for which we did not issue an NPRM.
    Section 11.31: How can I track FAA's rulemaking activities? 
Proposed Sec. 11.31 discusses how the public can use the docket number 
and the regulation identifier number (RIN) to track FAA's rulemaking 
activities in the Department of Transportation's Docket Management 
System (DMS) and in the Federal Register.
    Section 11.33: Does FAA include sensitive security information in 
the DMS? Proposed Sec. 11.33 explains that FAA removes sensitive 
security information from public comments before putting them in the 
DMS.
    Section 11.35: Where can I find information about an Airworthiness 
Directive, an airspace designation, or a petition handled in a region? 
Proposed Sec. 11.35 specifies that you can get information about 
rulemaking actions taken in the regions by contacting the person listed 
in the Federal Register notice about the action.
    Section 11.37: How may I participate in FAA's rulemaking process? 
Proposed Sec. 11.37 explains that you may participate in FAA's 
rulemaking by filing comments, requesting a meeting, or filing a 
petition.

Written Comments

    Section 11.41: Who may file comments? Proposed Sec. 11.41 explains 
that anyone may file written comments about proposals made in any 
rulemaking document that requests public comments.
    Section 11.43: What information must I put in my written comments? 
Proposed Sec. 11.43 lists the information that you must include in any 
comments on FAA's rulemaking.
    Section 11.45: Where and when do I file my comments? Proposed 
Sec. 11.45 addresses the timeframes for filing comments.
    Section 11.47: May I ask for more time to file my comments? 
Proposed Sec. 11.47 explains how to request more time to file comments.

Public Meetings and Other Proceedings

    Section 11.51: May I request that FAA hold a public meeting on a 
rulemaking action? Proposed Sec. 11.51 explains how to request a public 
meeting on a rulemaking action.
    Section 11.53: What takes place at a public meeting? Proposed 
Sec. 11.53 explains the nature of a public meeting.

Petitions for Rulemaking and for Exemption

    Section 11.61: May I ask FAA to add, amend, or repeal a regulation, 
or grant relief from the requirements of a current regulation? Proposed 
Sec. 11.61 explains that you may ask FAA to adopt, amend, or repeal a 
regulation, or grant relief from a regulation, by filing a petition.
    Section 11.63: Where and to whom do I submit my petition for 
rulemaking or petition for exemption? Proposed Sec. 11.63 provides an 
address to which you should send your petition for rulemaking or 
petition for exemption. The rule would no longer discuss where to file 
petitions for exemption from the medical standards in part 67, since 
exceptions to these standards are now handled by special issuances 
under Sec. 67.401.
    Section 11.71: What information must I include in my petition for 
rulemaking? Proposed Sec. 11.71 lists the information you must include 
in your petition for rulemaking.
    Section 11.73: How does FAA process petitions for rulemaking? 
Proposed Sec. 11.73 discusses how FAA handles petitions for rulemaking, 
including under what circumstances FAA may dismiss your petition.
    Section 11.75: Does FAA invite public comment on petitions for 
rulemaking? Proposed Sec. 11.75 states that FAA does not invite public 
comment on petitions for rulemaking.
    Section 11.77: Is there any additional information I must include 
in my petition for designating airspace? Proposed Sec. 11.77 lists 
additional information you must include in a petition to designate 
airspace.
    Section 11.81: What information must I include in my petition for 
an exemption? Proposed Sec. 11.81 lists information you must include in 
your petition for an exemption.
    Section 11.83: Are exemptions FAA grants under this part valid 
outside the United States? Proposed Sec. 11.83 explains how FAA handles 
exemptions that you want to use outside the United States.
    Section 11.85: Does FAA invite public comment on petitions for 
exemption? Proposed Sec. 11.85 discusses how FAA publicizes petitions.
    Section 11.87: Are there circumstances under which FAA may decide 
not to publish a summary of my petition for exemption? Proposed 
Sec. 11.87 explains what information you must provide to FAA to 
convince us not to delay your petition by publishing it.
    Section 11.89: How much time do I have to submit comments to FAA on 
a petition for exemption? Proposed Sec. 11.89 lists the amount of time 
usually allowed for comments on a petition for exemption.
    Section 11.91: What information does FAA publish when it grants or 
denies my petition for exemption? Proposed Sec. 11.91 lists what 
information FAA publishes after making a decision about a petition for 
exemption.
    Section 11.101: Can I ask FAA to reconsider my petition for 
rulemaking or petition for exemption if it is denied? Proposed 
Sec. 11.101 explains how you can request FAA to reconsider petitions 
that we have denied.
    Section 11.201--OMB control numbers assigned pursuant to the 
Paperwork Reduction Act: The text of this section will be updated and 
will appear in full in the final rule.

[[Page 69859]]

2. Clearer Regulatory Format

    Plain language helps readers find requirements quickly and 
understand them easily. To do that, we have reorganized and reworded 
the regulation using plain-language techniques not usually found in the 
Federal Register and the Code of Federal Regulations (CFR).
     We have used undesignated center headings to cluster 
related sections within subpart A.
     We have shortened sections, paragraphs, and sentences, and 
where possible used simple words to speed up reading and improve 
understanding.
     Our section headings in the form of questions help direct 
the readers to specific material they are interested in.
     We have used personal pronouns to reduce passive voice and 
draw readers into the writing.
     We have used tables to display complex information in a 
simple, easy-to-read format.

3. Rulemaking Analyses and Assessments

Executive Order 12866 and DOT Regulatory Policies and Procedures
    Executive Order 12866, Regulatory Planning and Review, directs the 
FAA to assess both the costs and benefits of a regulatory change. We 
are not allowed to propose or adopt a regulation unless we make a 
reasoned determination that the benefits of the intended regulation 
justify its costs. Our assessment of this proposal indicates that it's 
economic impact is minimal. Since its costs and benefits do not make it 
a ``significant regulatory action'' as defined in the Order, we have 
not prepared a ``regulatory impact analysis.'' Similarly, we have not 
prepared a ``regulatory evaluation,'' which is the written cost/benefit 
analysis ordinarily required for all rulemaking proposals under the DOT 
Regulatory Policies and Procedures. We do not need to do the latter 
analysis where the economic impact of a proposal is minimal.
Executive Order 13132, Federalism
    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action would not have a substantial direct effect on the States, on the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, we determined that this notice does not have 
federalism implications.
Regulatory Flexibility Act
    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
directs the FAA to fit regulatory requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to the 
regulation. We are required to determine whether a proposed or final 
action will have a ``significant economic impact on a substantial 
number of small entities'' as defined in the Act. If we find that the 
action will have a significant impact, we must do a ``regulatory 
flexibility analysis.''
    This proposed rule clarifies and revises FAA's general rulemaking 
procedures to make them easier for the public to understand. It's 
economic impact is minimal. Therefore, we certify that this proposed 
action would not have a significant economic impact on a substantial 
number of small entities.
Paperwork Reduction Act
    The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. We have determined that there 
are no new information collection requirements associated with part 11.
International Trade
    The Office of Management and Budget directs the FAA to assess 
whether or not a regulatory change would affect international trade. We 
determined that the provisions of this proposed rule would have no 
impact on trade for U.S. firms doing business in foreign countries and 
foreign firms doing business in the United States.
Unfunded Mandates Reform Act
    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532-1538) 
requires the FAA to assess the effects of Federal regulatory actions on 
state, local, and tribal governments, and on the private sector of 
proposed rules that contain a Federal intergovernmental or private 
sector mandate that exceeds $100 million in any one year. This action 
does not contain such a mandate.
Cross Reference
    To identify where we have relocated present regulations in the 
proposed rule, the following cross-reference table is provided:

                          Cross Reference Table
------------------------------------------------------------------------
       Current part 11          Proposed part 11      Reason for change
------------------------------------------------------------------------
Subpart A...................  Subparts A-E          Subparts were
                               combined.             redundant.
    Sec.  11.1 Applicability  Secs.  11.1 and 11.3
    Sec.  11.11 Docket......  Secs.  11.31 and
                               11.45.
    Sec.  11.13 Delegation    None................  Not needed in rule,
     of authority.                                   to be published
                                                     separately.
    Sec.  11.15 Emergency     None................  Unnecessary, applied
     exemptions.                                     only to ``enemy
                                                     attack on the
                                                     United States.''
    Sec.  11.17 Direct final  Secs.  11.25 and
     rule.                     11.27.
Subpart B:
    Sec.  11.21 Scope.......  None................  Substance included
                                                     principally in
                                                     proposed Secs.
                                                     11.1 through 11.11.
    Sec.  11.23 Initiating    None................  Unnecessary
     rulemaking procedures.                          language.
    Sec.  11.25 Petitions     Sec.  11.61 and
     for rulemaking or         following.
     exemption.
    Sec.  11.27 Action on     Sec.  11.61 and
     petitions for             following.
     rulemaking or exemption.
    Sec.  11.28 Action on     None................  Not needed.
     special conditions.
    Sec.  11.29 Notice of     Sec.  11.11 and
     proposed rulemaking.      following.
    Sec.  11.31               Secs.  11.41 and
     Participation of          11.43.
     interested persons in
     rulemaking procedures.
    Sec.  11.33 Additional    Sec.  11.51 and
     rulemaking proceedings.   following.
    Sec.  11.35               None................  CAB has been
     Participation by Civil                          abolished.
     Aeronautics Board in
     rulemaking proceedings.

[[Page 69860]]

 
    Sec.  11.37 Requests for  None................  Procedure no longer
     informal appearances.                           available.
Subpart C:
    Sec.  11.41 Scope.......  None................  Delegations not
                                                     needed in rule, to
                                                     be published
                                                     separately.
    Sec.  11.43 Processing    None................  Unnecessary,
     of petitions for                                internal procedure.
     rulemaking or exemption
     from parts of this
     chapter.
    Sec.  11.45 Issue of      None................  Delegations not
     notice of proposed                              needed in rule, to
     rulemaking.                                     be published
                                                     separately.
    Sec.  11.47 Proceedings   Para. (a) to Sec.
     after notice of           11.45.
     proposed rulemaking.
                              Para. (b)--none.....  Internal procedures.
    Sec.  11.49 Adoption of   None................  Internal procedures
     final rules.                                    and delegations.
    Sec.  11.51 Denial of     None................  Internal procedures.
     petition for rulemaking.
    Sec.  11.53 Grant or      None................  Internal procedures.
     denial of exemption.
    Sec.  11.55               Sec.  11.101........
     Reconsideration of a
     denial or grant of
     exemption.
Subpart D:
    Sec.  11.61 Scope.......  None................  Consolidated;
                                                     delegations to be
                                                     published
                                                     separately.
    Sec.  11.63 Filing of     Sec.  11.63.........
     proposals.
    Sec.  11.65 Issue of      None................  Consolidated;
     notice of proposed                              delegations to be
     rulemaking.                                     published
                                                     separately.
    Sec.  11.67 Hearings....  None................  Replaced with
                                                     informal meetings.
    Sec.  11.69 Adoption of   None................  Consolidated and
     rules or orders.                                simplified in one
                                                     subpart.
    Sec.  11.71 Exemptions..  Sec.  11.61 and
                               following.
    Sec.  11.73 Petitions     None................  Specific procedures
     for rehearing or                                unnecessary.
     reconsideration of
     rules or orders.
Subpart E:
    Sec.  11.81 Scope.......  None................  Consolidated.
    Sec.  11.83 Processing    Sec.  11.61 and
     of petitions for          following.
     rulemaking or exemption.
    Sec.  11.87 Proceedings   None................  Internal procedures.
     after notice of
     proposed rulemaking.
    Sec.  11.89 Adoption of   None................  Internal procedures.
     final rules.
    Sec.  11.91 Grant or      None................  Internal procedures.
     denial of exemption.
    Sec.  11.93 Petitions     None................  Specific procedures
     for reconsideration of                          unnecessary.
     rules.
Subpart F...................  Subpart B...........  Updated and
                                                     redesignated.
    Sec.  11.101 OMB control  Sec.  11.201........
     numbers assigned
     pursuant to the
     Paperwork Reduction Act.
------------------------------------------------------------------------

List of Subjects in 14 CFR Part 11

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

The Proposed Amendment

    In consideration of the foregoing, the Federal Administration 
Aviation proposes to amend chapter I of title 14, Code of Federal 
Regulations as follows:
    1. Revise part 11 to read as follows:

PART 11--GENERAL RULEMAKING PROCEDURES

Subpart A--Rulemaking Procedures

General

Sec.
11.1  To what does this part apply?
11.3  What are the most common kinds of rulemaking actions for which 
FAA follows APA procedures?
11.5  Does FAA follow the same procedures in issuing all three types 
of rules?
11.11  How does FAA issue rules?
11.13  What is an advanced notice of proposed rulemaking?
11.15  Are there other ways FAA collects specific rulemaking 
recommendations before we issue an NPRM?
11.17  What is a notice of proposed rulemaking?
11.19  What is a supplemental notice of proposed rulemaking?
11.21  May FAA change its regulations without first issuing an ANPRM 
or NPRM?
11.23  What is a final rule?
11.25  What is a direct final rule?
11.27  How does FAA process direct final rules?
11.29  What is a final rule with request for comments?
11.31  How can I track FAA's rulemaking activities?
11.33  Does FAA include sensitive security information in the DMS?
11.35  Where can I find information about an Airworthiness 
Directive, an airspace designation, or a petition handled in a 
region?
11.37  How may I participate in FAA's rulemaking process?

Written Comments

11.41  Who may file comments?
11.43  What information must I put in my written comments?
11.45  Where and when do I file my comments?
11.47  May I ask for more time to file my comments?

Public Meetings and Other Proceedings

11.51  May I request that FAA hold a public meeting on a rulemaking 
action?
11.53  What takes place at a public meeting?

Petitions for Rulemaking and for Exemption

11.61  May I ask FAA to adopt, amend, or appeal a regulation, or 
grant relief from the requirements of a current regulation?
11.63  Where and to whom do I submit my petition for rulemaking or 
petition for exemption?
11.71  What information must I include in my petition for 
rulemaking?
11.73  How does FAA process petitions for rulemaking?
11.75  Does FAA invite public comment on petitions for rulemaking?

[[Page 69861]]

11.77  Is there any additional information I must include in my 
petition for designating airspace?
11.81  What information must I include in my petition for an 
exemption?
11.83  Are exemptions FAA grants under this part valid outside the 
United States?
11.85  Does FAA invite public comment on petitions for exemption?
11.87  Are there circumstances in which FAA may decide not to 
publish a summary of my petition for exemption?
11.89  How much time do I have to submit comments to FAA on a 
petition for exemption?
11.91  What information does FAA publish when it grants or denies my 
petition for exemption?
11.101  Can I ask FAA to reconsider my petition for rulemaking or 
petition for exemption if it is denied?

Subpart B--Paperwork Reduction Act Control Numbers

11.201  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

    Authority: 49 U.S.C. 106(g), 40101, 40103, 40105, 40109, 40113, 
44110, 44502, 44701-44702, 44711, and 46102.

Subpart A--Rulemaking Procedures

General


Sec. 11.1  To what does this part apply?

    This part applies to the issuance, amendment, and repeal of any 
regulation for which FAA (``we'') follows public rulemaking procedures 
under the Administrative Procedure Act (``APA'') (5 U.S.C. 553).


Sec. 11.3  What are the most common kinds of rulemaking actions for 
which FAA follows APA procedures?

    (a) FAA follows APA procedures for three major types of rules:
    (1) Rules found in the Code of Federal Regulations;
    (2) Airworthiness directives issued under part 39 of this chapter; 
and
    (3) Airspace Designations issued under various parts of this 
chapter.
    (b) You will also find procedures in this part to petition FAA for 
an exemption from a current regulation. These procedures are modeled on 
the public rulemaking procedures of the APA.


Sec. 11.5  Does FAA follow the same procedures in issuing all three 
types of rules?

    Yes. In general, FAA follows the same procedures for all three rule 
types. There are some differences as to which FAA official has 
authority to issue each type, and where you send petitions for the FAA 
to adopt, amend, or repeal each type. Assume that the procedures in 
this subpart apply to all three types, except where we specify 
otherwise.


Sec. 11.11  How does FAA issue rules?

    (a) FAA uses APA rulemaking procedures to adopt, amend, or repeal 
regulations. To propose or adopt changes to a regulation, FAA may 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.
    (1) An advance notice of proposed rulemaking (ANPRM).
    (2) A notice of proposed rulemaking (NPRM).
    (3) A supplemental notice of proposed rulemaking.
    (4) A final rule.
    (5) A direct final rule.
    (6) A final rule with request for comments.
    (b) Each of the rulemaking documents in paragraph (a) of this 
section generally 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 filing written comments or making oral 
presentations).
    (4) Whom to call if you have questions about the rulemaking 
document.
    (5) The date, time, and place of any public meetings FAA will hold 
to discuss the rulemaking document.
    (6) The docket number and regulation identifier number (RIN) for 
the rulemaking proceeding.


Sec. 11.13  What is an advance notice of proposed rulemaking?

    An advance notice of proposed rulemaking (ANPRM) tells the public 
that FAA is considering an area for rulemaking and requests written 
comments on the appropriate scope of the rulemaking or on specific 
topics. An advance notice of proposed rulemaking may or may not include 
the text of potential changes to a regulation.


Sec. 11.15  Are there other ways FAA collects specific rulemaking 
recommendations before we issue an NPRM?

    Yes. The FAA obtains advice and recommendations from rulemaking 
advisory committees. The Aviation Rulemaking Advisory Committee (ARAC) 
is a formal standing committee comprised of representatives of aviation 
associations and industry. In conducting its activities, ARAC complies 
with the Federal Advisory Committee Act and the direction of the FAA. 
We task ARAC with providing us with recommended rulemaking actions 
dealing with specific 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 specific issues 
for a limited period of time.


Sec. 11.17  What is a notice of proposed rulemaking?

    A notice of proposed rulemaking (NPRM) proposes FAA's specific 
regulatory changes for public comment and contains supporting 
information. It includes proposed regulatory text.


Sec. 11.19  What is a supplemental notice of proposed rulemaking?

    On occasion, FAA may decide that it needs more information on an 
issue, or that we should take a different approach than we proposed. 
Also, we may want to follow a commenter's suggestion that goes beyond 
the scope of the original proposed rule. In these cases, FAA may issue 
a supplemental notice to give the public an opportunity to comment 
further or to give us more information.


Sec. 11.21  May FAA change its regulations without first issuing an 
ANPRM or NPRM?

    FAA may adopt, amend, or repeal regulations without first issuing 
an ANPRM or NPRM in the following situations:
    (a) We may issue a final rule without first requesting public 
comment if, for good cause, we find that a notice of proposed 
rulemaking is impracticable, unnecessary, or contrary to the public 
interest. We place that finding and a brief statement of the reasons 
for it in the final rule. FAA calls these rules ``immediately adopted'' 
rules. For example, we may issue such a final rule in response to a 
safety emergency.
    (b) If an NPRM would be unnecessary because we do not expect to 
receive adverse comment, we may issue a direct final rule.


Sec. 11.23  What is a final rule?

    A final rule sets out new or revised requirements and their 
effective date. It also may remove requirements. When preceded by an 
NPRM, a final rule will also identify significant substantive issues 
raised by commenters in response to the NPRM and give the agency's 
response.


Sec. 11.25  What is a direct final rule?

    A direct final rule is a final rule that will take effect on a 
specified date unless FAA receives an adverse comment or notice of 
intent to file an

[[Page 69862]]

adverse comment within the comment period--generally 60 days after the 
direct final rule is published in the Federal Register. An adverse 
comment explains why a rule would be inappropriate, or would be 
ineffective or unacceptable without a change. It may challenge the 
rule's underlying premise or approach. Under the direct final rule 
process, we do not consider the following types of comments to be 
adverse:
    (a) A comment recommending another rule change, in addition to the 
change in the direct final rule at issue. We consider the comment 
adverse, however, if the commenter states why the direct final rule 
would be ineffective without the change.
    (b) A frivolous or insubstantial comment.


Sec. 11.27  How does FAA process direct final rules?

    (a) We will publish a confirmation document in the Federal 
Register, generally within 15 days after the comment period closes, if 
we have not received an adverse comment or notice of intent to file an 
adverse comment. The confirmation document tells the public the 
effective date of the rule.
    (b) If we receive an adverse comment or notice of intent to file an 
adverse comment, we will advise the public by publishing a document in 
the Federal Register before the effective date of the direct final 
rule. This document will withdraw the direct final rule in whole or in 
part. If we withdraw a direct final rule because of an adverse comment, 
we may incorporate the commenter's recommendation into another direct 
final rule or may publish a notice of proposed rulemaking.


Sec. 11.29  What is a final rule with request for comments?

    The FAA usually issues a final rule with request for comments when 
we issue an immediately adopted final rule. We invite comments on an 
immediately adopted final rule only if we think that we will receive 
useful information. We would not invite comments, for example, when we 
are just making an editorial clarification or correction.


Sec. 11.31  How can I track FAA's rulemaking activities?

    The following identifying numbers allow you to track FAA's 
rulemaking activities:
    (a) Docket number. We assign an identifying number, called a docket 
number, to each rulemaking proceeding. Each rulemaking document that 
FAA issues in a particular rulemaking proceeding will display the same 
docket number. This number allows you to do the following:
    (1) Associate related documents that appear in the Federal 
Register.
    (2) Search DOT's Docket Management System (DMS) for information on 
some rulemaking proceedings--including notices of proposed rulemaking, 
public comments, appeals, records of additional rulemaking proceedings 
and final rules. The DMS does not contain information on Airworthiness 
Directives or Airspace Actions. There are two ways you can search the 
DMS:
    (i) Visit the public docket room and review and copy any docketed 
materials during regular business hours. The DOT Docket Management 
System is located at the U.S. Department of Transportation, Plaza Level 
401, 400 7th Street, SW, Washington, DC 20590-0001.
    (ii) View and download docketed materials through the Internet at 
http://dms.dot.gov.
    (b) Regulation identifier number. DOT publishes a semiannual agenda 
of all current and projected DOT rulemakings, reviews of existing 
regulations, and completed actions. This semiannual agenda appears in 
the Unified Agenda of Federal Regulations which is published in the 
Federal Register in April and October of each year. The semiannual 
agenda tells the public about DOT's--including FAA's--regulatory 
activities. DOT assigns a regulation identifier number (RIN) to each 
individual rulemaking proceeding in the semiannual agenda. This number 
appears on all rulemaking documents published in the Federal Register 
and makes it easy for you to track those rulemaking proceedings in both 
the Federal Register and the semiannual regulatory agenda itself.


Sec. 11.33  Does FAA include sensitive security information in the DMS?

    No. For proposed rule changes involving civil aviation security, 
FAA reviews comments as we receive them. If we find that a comment 
contains sensitive security information, we remove that information 
before placing the comment in the docket.


Sec. 11.35  Where can I find information about an Airworthiness 
Directive, an airspace designation, or a petition handled in a region?

    To get information about rulemaking actions undertaken in FAA's 
regions, contact the person listed under FOR FURTHER INFORMATION 
CONTACT in the Federal Register document about the action.


Sec. 11.37  How may I participate in FAA's rulemaking process?

    You may participate in FAA's rulemaking process by doing any of the 
following:
    (a) File written comments on any rulemaking document that asks for 
comments, including an advance notice of proposed rulemaking, notice of 
proposed rulemaking, direct final rule, or a final rule with request 
for comments.
    (b) Ask that we hold a public meeting on any rulemaking, and 
participate in any public meeting that we hold.
    (c) File a petition for rulemaking that asks us to adopt, amend, or 
repeal a regulation.
    (d) File an appeal that asks us to reexamine our decision to issue 
all or part of a final rule or direct final rule.

Written Comments


Sec. 11.41  Who may file comments?

    Anyone may file written comments about proposals and final rules 
that request public comments.


Sec. 11.43  What information must I put in my written comments?

    Your comments must be in English and must contain the following:
    (a) The docket number of the rulemaking document you are commenting 
on, clearly set out at the beginning of your comments.
    (b) Your name, mailing address, and, if you wish, other contact 
information, such as a fax number, telephone number, or e-mail address.
    (c) Information, views, or arguments that follow the instructions 
for participation that appear in the rulemaking document on which you 
are commenting.
    (d) All available material that is relevant to any statement of 
fact in your comments.
    (e) The document title and page number of any material that you 
reference in your comments.


Sec. 11.45  Where and when do I file my comments?

    (a) Send your comments to the location specified in the rulemaking 
document on which you are commenting. If you are asked to send your 
comments to the Docket Management System, you may send them in either 
of the following ways:
(1) By mail to: U.S. Department of Transportation, Docket Management 
System 400 7th Street, SW., Plaza Level 401, Washington, DC 20591.
(2) Through the Internet to http://dms.dot.gov.

    (b) Make sure that your comments reach us by the deadline set out 
in the

[[Page 69863]]

rulemaking document on which you are commenting. We will consider late-
filed comments to the extent possible only if they do not significantly 
delay the rulemaking process.
    (c) We may reject your paper or electronic comments if they are 
frivolous, abusive, or repetitious. We may reject comments you file 
electronically if you do not follow the electronic filing instructions 
at the website.


Sec. 11.47  May I ask for more time to file my comments?

    Yes. If FAA grants your request for more time to file comments, we 
grant all persons the same amount of time. We will notify the public of 
the extension by a document in the Federal Register. If FAA denies your 
request, we will notify you of the denial. To ask for more time, you 
must file a written or electronic request for extension at least ten 
days before the end of the comment period. Your letter or message must:
    (a) Show the docket number of the rule at the top of the first 
page.
    (b) Begin by stating that you are requesting an extension of the 
comment period.
    (c) Show that you have good cause for the extension and that an 
extension is in the public interest.
    (d) Send your request to the address specified for comments in the 
rulemaking document that you wish to comment on.

Public Meetings and Other Proceedings


Sec. 11.51  May I request that FAA hold a public meeting on a 
rulemaking action?

    Yes. You may request that we hold a public meeting. FAA holds a 
public meeting when we think that we need more than written comments to 
make a fully informed decision. You should submit your request in 
writing to the address specified for comments in the rulemaking 
document that you wish to comment on. Specify at the top of your letter 
or message that you are requesting that the agency hold a public 
meeting. Submit your request no later than 30 days after our rulemaking 
notice. If we find that we have good cause for a meeting we will notify 
you and publish a notice of the meeting in the Federal Register.


Sec. 11.53  What takes place at a public meeting?

    A public meeting is a non-adversarial, fact-finding proceeding 
conducted by an FAA representative. Public meetings are announced in 
the Federal Register. We invite interested persons to attend and to 
present their views to the agency on specific issues. There are no 
formal pleadings and no adverse parties, and any regulation issued 
afterward is not necessarily based exclusively on the record of the 
meeting. Sections 556 and 557 of the Administrative Procedure Act (5 
U.S.C. 556 and 557) do not apply to public meetings under this part.

Petitions for Rulemaking and for Exemption


Sec. 11.61  May I ask FAA to adopt, amend, or repeal a regulation, or 
grant relief from the requirements of a current regulation?

    Yes.

----------------------------------------------------------------------------------------------------------------
             If you want . . .                                    Then you must submit . . .
----------------------------------------------------------------------------------------------------------------
(a) To adopt, amend, or repeal a regulation  A petition for rulemaking.
----------------------------------------------------------------------------------------------------------------
(b) Relief from the requirements of a        A petition for exemption.
 current regulation.
----------------------------------------------------------------------------------------------------------------

Sec. 11.63  Where and to whom do I submit my petition for rulemaking or 
petition for exemption?

    (a) For paper submissions, send one original signed and two copies 
of your petition for rulemaking or exemption to the following postal 
address, except as provided in paragraph (c) of this section for 
petitions pertaining to parts 39 and 139 of this chapter, or airspace 
designations: Federal Aviation Administration, Office of Rulemaking 
(ARM-1), 800 Independence Avenue, SW. Washington, DC 20591.
    (b) For electronic submissions, send one original to the following 
electronic address, except as provided in paragraph (c) of this section 
for petitions pertaining to parts 39 and 139 of this chapter, or 
airspace designations:

------------------------------------------------------------------------
       Send your . . .                          To . . .
------------------------------------------------------------------------
(1) Petition for rulemaking..  To Be Announced.
------------------------------------------------------------------------
(2) Petition for exemption...  To Be Announced.
------------------------------------------------------------------------

    (c) For petitions pertaining to parts 39 and 139 of this chapter, 
or airspace designations submit one original signed and two copies of 
your petition for rulemaking or petition for exemption to the following 
offices:

----------------------------------------------------------------------------------------------------------------
                       Send your petitions concerning . . .                                 To the . . .
----------------------------------------------------------------------------------------------------------------
(1) Part 39: Airworthiness Directives.............................................  Certification Directorate
                                                                                     having airworthiness
                                                                                     responsibility for the
                                                                                     product involved.
----------------------------------------------------------------------------------------------------------------
(2) Part 139: Certification of Airports...........................................  Appropriate FAA airport
                                                                                     field office in whose area
                                                                                     the petitioner proposes to
                                                                                     establish or has
                                                                                     established its airport.
----------------------------------------------------------------------------------------------------------------
(3) Class D or E airspace designation.............................................  Manager of the Air Traffic
                                                                                     Division in the FAA region
                                                                                     involved.
----------------------------------------------------------------------------------------------------------------
(4) Any other airspace designation................................................  Associate Administrator for
                                                                                     Air Traffic (ATS-1),
                                                                                     Federal Aviation
                                                                                     Administration, 800
                                                                                     Independence Avenue, SW,
                                                                                     Washington, DC 20591.
----------------------------------------------------------------------------------------------------------------


[[Page 69864]]

Sec. 11.71  What information must I include in my petition for 
rulemaking?

    (a) You must include the following information in your petition for 
rulemaking:
    (1) Your name and mailing address and, if you wish, other contact 
information such as a fax number, telephone number, or e-mail address.
    (2) An explanation of your proposed action and its purpose.
    (3) The language you propose for a new or amended rule, or the 
language you would remove from a current rule.
    (4) An explanation of why your proposed action would be in the 
public interest.
    (5) Information and arguments that support your proposed action, 
including relevant technical and scientific data available to you.
    (6) Any specific facts or circumstances that support or demonstrate 
the need for the action you propose.
    (b) In the process of considering your petition, we may ask that 
you provide information or data available to you about the following:
    (1) The costs and benefits of your proposed action to society in 
general, and identifiable groups within society in particular.
    (2) The regulatory burden of your proposed action on small 
businesses, small organizations, small governmental jurisdictions, and 
Indian tribes.
    (3) The recordkeeping and reporting burdens of your proposed action 
and whom they would affect.
    (4) The effect of your proposed action on the quality of the 
natural and social environments.


Sec. 11.73  How does FAA process petitions for rulemaking?

    The FAA may respond to your petition for rulemaking in one of the 
following ways:
    (a) If we determine that your petition justifies our taking the 
action you suggest, we may issue an NPRM or ANPRM. We will do so no 
later than 6 months after the date we receive your petition. In making 
our decision, we consider:
    (1) The immediacy of the safety or security concerns you raise;
    (2) The priority of other issues the FAA must deal with; and
    (3) The resources we have available to address these issues.
    (b) We may dismiss your petition for rulemaking in the following 
circumstances:
    (1) If we already have issued an ANPRM or NPRM on the subject 
matter of your petition, we will consider your arguments for a rule 
change as a comment in connection with the rulemaking proceeding. We 
will not treat your petition as a separate action.
    (2) If we already have begun a rulemaking project in the subject 
area of your petition, we will consider your comments and arguments for 
a rule change as part of that project. We will not treat your petition 
as a separate action.
    (3) If we have tasked the Aviation Rulemaking Advisory Committee 
(ARAC) to study the general subject area of your petition, we may ask 
the ARAC to review and evaluate your proposed action. We will not treat 
your petition as a separate action.
    (4) If we determine that the issues you identify in your petition 
may have merit but do not address an immediate safety concern or cannot 
be addressed because of other priorities and resource constraints, we 
may dismiss your petition.


Sec. 11.75  Does FAA invite public comment on petitions for rulemaking?

    Generally, FAA does not invite public comment on petitions for 
rulemaking.


Sec. 11.77  Is there any additional information I must include in my 
petition for designating airspace?

    In petitions asking FAA to establish, amend, or repeal a 
designation of airspace, including special use airspace, you must 
include all the information specified by Sec. 11.71 and also:
    (a) The location and a description of the airspace you want 
assigned or designated;
    (b) 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 
area;
    (c) A description of the air navigation, air traffic control, 
surveillance, and communication facilities available and to be provided 
if we grant the designation; and
    (d) The name and location of the agency, office, facility, or 
person who would have authority to permit the use of the airspace when 
it was not in use for the purpose to which you want it assigned.


Sec. 11.81  What information must I include in my petition for an 
exemption?

    You must include the following information in your petition for an 
exemption.
    (a) Your name and mailing address and, if you wish, other contact 
information such as a fax number, telephone number, or e-mail address.
    (b) The specific section or sections of 14 CFR from which you seek 
an exemption.
    (c) The extent of relief you seek, and the reason you seek the 
relief.
    (d) The reasons why granting your request would be in the public 
interest; that is, how it would benefit the public as a whole.
    (e) The reasons why granting the exemption would not adversely 
affect safety, or how the exemption would provide a level of safety at 
least equal to that provided by the rule from which you seek the 
exemption.
    (f) Any additional information, views or arguments available to 
support your request, and
    (g) A summary we can publish in the Federal Register, stating:
    (1) The rule from which you seek the exemption; and
    (2) A brief description of the nature of the exemption you seek.
    (h) Whether you want to exercise the privileges of your exemption 
outside the United States.


Sec. 11.83  Are exemptions FAA grants under this part valid outside the 
United States?

    No. Exemptions FAA issues under this part normally do not apply 
outside the United States. If you want to be able to use your exemption 
outside the United States, you must request this when you petition for 
relief. We will verify whether operating under the exemption would be 
in compliance with the standards of the International Civil Aviation 
Organization (ICAO). If it would not, but we still believe it would be 
in the public interest to allow you to do so, we will file a difference 
with ICAO.


Sec. 11.85  Does FAA invite public comment on petitions for exemption?

    Yes. FAA publishes information about petitions for exemption in the 
Federal Register. The information includes:
    (a) The docket number of the petition;
    (b) The citation to the rule or rules from which the petitioner 
requested relief;
    (c) The name of the petitioner;
    (d) The petitioner's summary of the action requested and the 
reasons for requesting it; and
    (e) A request for comments to assist FAA in evaluating the 
petition.


Sec. 11.87  Are there circumstances in which FAA may decide not to 
publish a summary of my petition for exemption?

    The FAA may not publish a summary of your petition for exemption 
and request comments if you present or we find good cause why we should 
not delay action on your petition. The factors we consider in deciding 
not to request comment include:

[[Page 69865]]

    (a) Whether granting your petition would set a precedent.
    (b) Whether the relief requested is identical to exemptions granted 
previously.
    (c) Whether our delaying action on your petition would affect you 
adversely.
    (d) Whether you filed your petition in a timely manner.


Sec. 11.89  How much time do I have to submit comments to FAA on a 
petition for exemption?

    The FAA states the specific time allowed for comments in the 
Federal Register notice about the petition. We usually allow 20 days to 
comment on a petition for exemption.


Sec. 11.91  What information does FAA publish when it grants or denies 
my petition for exemption?

    When FAA grants or denies your petition for exemption, we publish a 
summary in the Federal Register that includes:
    (a) The docket number of your petition;
    (b) Your name;
    (c) The citation to the rules you wanted to change, or from which 
you requested relief;
    (d) A brief description of the general nature of the change or 
relief requested;
    (e) Whether FAA granted or denied the request;
    (f) The date of FAA's decision; and
    (g) An exemption number.


Sec. 11.101  Can I ask FAA to reconsider my petition for rulemaking or 
petition for exemption if it is denied?

    Yes. You may petition FAA to reconsider your petition denial. You 
must submit your request to the address to which you sent your original 
petition, and FAA must receive it within 60 days after we issued the 
denial. For us to accept your petition, show the following:
    (a) That you have a significant additional fact and why you did not 
present it in your original petition;
    (b) That we made an important factual error in our denial of your 
original petition; or
    (c) That we did not correctly interpret a law, regulation, or 
precedent.

Subpart B--Paperwork Reduction Act Control Numbers


Sec. 11.201  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

    [Note: The text of this section will be updated and will appear 
in full in the final rule.]

    Issued in Washington, DC on December 8, 1999.
Jane F. Garvey,
Administrator.
[FR Doc. 99-32273 Filed 12-13-99; 8:45 am]
BILLING CODE 4910-13-P