[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR11.31]

[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.  11.31  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.