14 C.F.R. Subpart B—Rulemaking


Title 14 - Aeronautics and Space


Title 14: Aeronautics and Space
PART 404—REGULATIONS AND LICENSING REQUIREMENTS

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Subpart B—Rulemaking

§ 404.11   General.

(a) Unless the Associate Administrator finds, for good cause, that notice is impractical, unnecessary, or contrary to the public interest, a notice of proposed rulemaking is issued and interested persons are invited to participate in proceedings related to each substantive rule proposed.

(b) Unless the Associate Administrator determines that notice and comment is necessary or desirable, interpretive rules, general statements of policy, and rules relating to organization, procedure, or practice are issued as final rules without notice or other proceedings.

(c) In the Associate Administrator's discretion, interested persons may be invited to participate in the rulemaking proceedings described in §404.19 of this Subpart.

[53 FR 11013, Apr. 4, 1988, as amended by Amdt. 404–2, 68 FR 35289, June 13, 2003]

§ 404.13   Petitions for extension of time to comment.

(a) Any person may petition the Associate Administrator for an extension of time to submit comments in response to a notice of proposed rulemaking. The petition shall be submitted in duplicate not less than three days before expiration of the time stated in the notice. The filing of the petition does not automatically extend the time for petitioner's comments.

(b) The Associate Administrator grants the petition only if the petitioner shows a substantive interest in the proposed rule and good cause for the extension, and if the extension is in the public interest. If an extension is granted, it is granted as to all persons and is published in the Federal Register.

[53 FR 11013, Apr. 4, 1988, as amended by Amdt. 404–2, 68 FR 35289, June 13, 2003]

§ 404.15   Consideration of comments received.

All timely comments are considered before final action is taken on a rulemaking proposal. Late filed comments may be considered to the extent possible, provided they do not cause undue additional expense or delay.

§ 404.17   Additional rulemaking proceedings.

The Director may initiate any additional rulemaking proceedings, if necessary or desirable. For example, the Associate Administrator may invite interested persons to present oral arguments, participate in conferences, appear at informal hearings, or participate in any other proceedings.

[53 FR 11013, Apr. 4, 1988, as amended by Amdt. 404–2, 68 FR 35289, June 13, 2003]

§ 404.19   Hearings.

(a) Sections 556 and 557 of Title 5, United States Code, do not apply to hearings held under this part. As a fact-finding forum, each hearing held under this part is nonadversarial and there are no formal pleadings or adverse parties. Any rule issued in a proceeding in which a hearing is held is not based exclusively on the record of the hearing, but on the entire record of the rulemaking proceeding.

(b) The Associate Administrator designates a representative to conduct any hearing held under this part. The FAA Chief Counsel designates a legal officer for the hearing.

[53 FR 11013, Apr. 4, 1988, as amended by Amdt. 404–2, 68 FR 35289, June 13, 2003]

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