[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: 14CFR11.38]



[Page 24]

 

                     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. 11.38  What public comment procedures does the FAA follow for 

Special Conditions?



    Even though the Administrative Procedure Act does not require notice 

and comment for rules of particular applicability, FAA does publish 

proposed special conditions for comment. In the following circumstances 

we may not invite comment before we issue a special condition. If we 

don't, we will invite comment when we publish the final special 

condition.

    (a) The FAA considers prior notice to be impracticable if issuing a 

design approval would significantly delay delivery of the affected 

aircraft. We consider such a delay to be contrary to the public 

interest.

    (b) The FAA considers prior notice to be unnecessary if we have 

provided previous opportunities to comment on substantially identical 

proposed special conditions, and we are satisfied that new comments are 

unlikely.