14 C.F.R. § 11.73

How does FAA process petitions for rulemaking?

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After we have determined the disposition of your petition, we will contact you in writing about our decision. The FAA may respond to your petition for rulemaking in one of the following ways:

(a) If we determine that your petition justifies our taking the action you suggest, we may issue an NPRM or ANPRM. We will do so no later than 6 months after the date we receive your petition. In making our decision, we consider:

(1) The immediacy of the safety or security concerns you raise;

(2) The priority of other issues the FAA must deal with; and

(3) The resources we have available to address these issues.

(b) If we have issued an ANPRM or NPRM on the subject matter of your petition, we will consider your arguments for a rule change as a comment in connection with the rulemaking proceeding. We will not treat your petition as a separate action.

(c) If we have begun a rulemaking project in the subject area of your petition, we will consider your comments and arguments for a rule change as part of that project. We will not treat your petition as a separate action.

(d) If we have tasked ARAC to study the general subject area of your petition, we will ask ARAC to review and evaluate your proposed action. We will not treat your petition as a separate action.

(e) If we determine that the issues you identify in your petition may have merit, but do not address an immediate safety concern or cannot be addressed because of other priorities and resource constraints, we may dismiss your petition. Your comments and arguments for a rule change will be placed in a database, which we will examine when we consider future rulemaking.

Notes of Decisions

Cited in 3 cases, 2007–2017 · leading case: Flyers Rights Educ. Fund, Inc. v. Fed. Aviation Admin., 864 F.3d 738 (D.C. Cir. 2017).

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Flyers Rights Educ. Fund, Inc. v. Fed. Aviation Admin., 864 F.3d 738 (D.C. Cir. 2017). · cites it 4× “§ 106 (f)(3)(A); see 14 C.F.R. § 11.73 (a), (e). B On August 26, 2015, Paul Hudson and the non-profit organization Flyers Rights Education Fund of which he is president (collectively, “Flyers Rights”) petitioned the Administration to promulgate rules governing the minimum…”

Elec. Privacy Info. Ctr. v. Fed. Aviation Admin., 821 F.3d 39 (D.C. Cir. 2016). · cites it 2× “The FAA endéd its November 26, 2014 letter denying EPIC’s petition by “dismissing [the] petition for rulemaking in accordance with 14 CFR § 11.73 .” Letter from Lirio Liu, Dir.”

DiGiovanni v. Fed. Aviation Admin., 249 F. App'x 842 (2d Cir. 2007). “See 14 C.F.R. § 11.73 (a). With respect to the last two factors, the agency explained that its present commitment of resources to a strategic plan involving fifty rulemaking projects, some mandated by Congress, required it to be selective in adding further rulemaking projects to…”

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