9/13/07

 

8900.1 CHG 0

VOLUME 1  GENERAL INSPECTOR GUIDANCE AND INFORMATION

CHAPTER 2  THE FEDERAL AVIATION ADMINISTRATION AND FLIGHT STANDARDS HISTORY, ORGANIZATION, AND REGULATORY RESPONSIBILITIES

Section 3  Federal Aviation Administration (FAA) Regulatory Responsibility

 1-136          GENERAL.

A.        Authority. The Federal Aviation Administration (FAA) is one of the regulatory agencies within the executive branch of the federal government that carry out the will of Congress, expressed in public law and considered to be in the public interest. In fulfilling the FAA’s regulatory responsibility, the FAA Administrator must take into consideration the following items as being in the public interest:

·              Regulation of air commerce in such a manner that it promotes its development and safety and fulfills the requirements of national defense

·              Encouragement and development of civil authorities

·              Controlled use of the navigable airspace of the United States and the regulation of both civil and military operations in such airspace in the interest of the safety and efficiency of both

·              Consolidation of research and development with respect to air navigation facilities, as well as the installation and operation of these facilities

·              Development and operation of a common system of air traffic control and navigation for both military and civil aircraft

B.        The Regulatory Process. It is within these broad public considerations that the FAA Administrator regulates air commerce. The regulatory process is interactive and its speed is regulated by the need to involve the public in the process and the need to coordinate with the Department of Transportation (DOT) and the Office of Management and Budget (OMB). Only in an emergency may the normal regulatory process be accelerated.

1-137          REGULATORY PROCEDURES. General rulemaking procedures followed by the FAA are explained in Title 14 of the Code of Federal Regulations (14 CFR) part 11. The procedures require establishment of a public docket, which is maintained as an official FAA record of each rulemaking action. Certain rulemaking responsibilities have been delegated to FAA regional directors. For example, responsibility for processing aircraft and engine regulatory proposals and final rules are delegated to certification directorates. However, the Administrator is the final authority with respect to all aviation safety rulemaking actions.

1-138          FAA RESPONSIBILITIES. To fulfill the FAA’s regulatory responsibility, the Administrator gives full consideration to the obligation of air operators and air agencies to perform their services with the highest degree of safety in the public interest. The Administrator also considers any differences between air transportation and air commerce. Safety standards, rules, regulations, and certificates are prescribed and revised continuously in recognition of those differences.

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.

C.        FAA Safety Recommendations Proposing Rulemaking. The FAA Safety Recommendation Program is used to identify and correct safety deficiencies in the National Airspace System (NAS). Inspectors, managers, and all other FAA personnel should submit safety recommendations in accordance with the procedures outlined in FAA Order 8020.11, Aircraft Accident and Incident Notification, Investigation, and Reporting. If the safety recommendation proposes rulemaking, inclusion of the information required by 14 CFR part 11 section 11.25 aids the appropriate FAA office in responding to the recommendation.

RESERVED. Paragraphs 1-142. through 1-155.