[Code of Federal Regulations]

[Title 14, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR11.31]



[Page 23]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

 

PART 11_GENERAL RULEMAKING PROCEDURES--Table of Contents

 

                     Subpart A_Rulemaking Procedures

 

Sec. 11.31  How does FAA process direct final rules?



    (a) A direct final rule will take effect on a specified date unless 

FAA receives an adverse comment or notice of intent to file an 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:

    (1) 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.

    (2) A frivolous or insubstantial comment.

    (b) If FAA has not received an adverse comment or notice of intent 

to file an adverse comment, we will publish a confirmation document in 

the Federal Register, generally within 15 days after the comment period 

closes. The confirmation document tells the public the effective date of 

the rule.

    (c) 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 may 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.