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1. GENERAL

A. The Federal Aviation Administration (FAA) was

established by the Federal Aviation Act of 1958 (FA Act).

As a regulatory agency within the executive branch of the

federal government, the FAA Administrator must take into

consideration the following items as being in the public

interest:

• Regulation of air commerce in a manner that

promotes its development and safety and

fulfills the requirements of national defense

• Promotion, encouragement, and develop-ment

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 develop-ment

with respect to air navigation facilities, as

well as the installation and operation of these

facilities

• Development and operation of a com-mon

system of air traffic control and navigation for

both military and civil aircraft

B. It is with these broad public considerations in mind

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. Only in an

emergency may the normal regulatory process be

accelerated.

3. REGULATORY PROCEDURES. The general rulemaking procedures followed by the FAA are explained in

FAR Part 11. The procedures require the establishment of a

public docket, which is maintained as an official FAA

record of each rule-making action. Certain rule-making

responsibilities have been delegated to FAA regional

directors. For example, responsibility for processing

aircraft and engine regulatory proposals and final rules is

delegated to certification directorates. However, it is

important to remember that the Administrator is the final

authority with respect to all aviation safety rule-making

actions.

5. 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 differ-ences between air transportation and

air commerce. Safety standards, rules, regulations, and

certificates are prescribed and revised from time to time to

recognize those differences. For example, the regulatory

requirements for issuance of a repairman certificate are less

stringent than the requirements established for the issuance

of an airframe and powerplant mechanic certificate.

Accordingly, the privileges of the repairman certificate are

limited compared to those of an airframe and powerplant

mechanic certificate.

7. PUBLIC RESPONSIBILITIES AND RIGHTS. Any

interested person may petition the Administrator to issue,

amend, or rescind a Federal Aviation Regulations requirement.

Petitions for rule-making may also be initiated from within

the 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 the petition for rulemaking. 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.

9. PROCESSING PROPOSED RULES

A. Petition for Rule-Making. If the FAA decides to

accept the petition for rule-making, a Notice of Proposed RuleCHAPTER 2 FAA REGULATORY RESPONSIBILITIES AND METHODOLOGY
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Making is prepared by the appropriate FAA office. The

Notice of Proposed Rule-Making is signed and published in

the Federal Register for public comment. If considered

appropriate by the FAA, a public hearing may be held

during the public comment period. 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 Notice of Proposed Rule-Making. 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.

B. FAR Part 11. The preceding description of the rulemaking process is generalized and abbreviated. It is not to

be construed as a substitute for FAR Part 11, associated Acts

(for example, the Administrative Procedures Act and the

National Environmental Policy Act), Executive Orders,

Department of Transportation policies and procedures, or

FAA rule-making policy and procedures.