[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: 14CFR11.38]

[Page 25]
 
                     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.