1-139 PUBLIC RESPONSIBILITIES AND RIGHTS. Any interested person may petition the Administrator to issue, amend, exempt, or rescind a regulatory requirement. Petitions for rulemaking may also be initiated from within FAA. All petitions must be specific as to scope and purpose and must contain any information, views, and arguments which support the requested regulatory action. A summary of each public petition is published in the Federal Register to allow for public comment. Normally, the public has 60 days to submit comments on petitions for rulemaking and 20 days to submit comments on petitions for exemption. After the close of the public comment period, the FAA considers all comments received and decides whether to accept or deny the petition. If the decision is to deny, a denial of petition is prepared, coordinated, signed, and mailed to the petitioner. If accepted, the rulemaking proceeds until a final rule is issued. In addition, the final FAA action on each petition is published in the Federal Register.
1-140 PETITIONS FOR RULEMAKING. If the FAA decides to accept the petition for rulemaking, a Notice of Proposed Rulemaking (NPRM) is prepared by the appropriate FAA office. The NPRM is published in the Federal Register for public comment. If considered appropriate by the FAA, a public hearing may also be held. The public comment period may vary based on the complexity and significance of the proposed regulatory action. After the close of the public comment period, the FAA considers all comments received and decides whether to proceed with a final rule or to withdraw the NPRM. In either case, the decision is prepared, coordinated, signed, and published in the Federal Register. Generally, a final rule is effective 30 days after publication in the Federal Register. (See 14 CFR part 11 for complete information regarding the rulemaking process.)
1-141 SUBMISSION OF COMMENTS ON NOTICES OF PROPOSED RULEMAKING (NPRM) BY FAA PERSONNEL. Title 5 of the United States Code (5 U.S.C.) sections 551 through 553, require that the FAA give interested persons an opportunity to participate in the process through submission of comments, with or without opportunity for oral presentation. After considering the material presented, the FAA must either incorporate those comments into the rule or address the comments in a general statement of the rule’s basis and purpose.
A. How to Comment. The FAA welcomes and encourages comments from all interested persons, including FAA personnel. The FAA examines each comment in detail and must justify its reasons for not adopting a comment. The following guidelines may assist in submitting comments:
· Simple “for” or “against” comments are of little value unless they include the rationale on which they are based.
· Comments beyond the scope of the notice should be avoided.
B. Inspectors As Commenters. Inspectors and specialists are encouraged to comment on rulemaking. An inspector or specialist submitting a personal comment to an NPRM should submit the comment as an individual, not as an FAA employee, and it should not be submitted on FAA letterhead.