SUBPART A
General
This Part applies to the issue, amendment, and
repeal of:
(a) Rules
and regulations for airspace assignment and use issued under Egyptian Civil
Aviation law 28 issued on 1981;
(b) Other substantive rules,
including those applicable to a class of persons, and those addressed to and
served on named persons whenever the ECAA decides to use public
rulemaking procedures in such a case;
(c) Each Egyptian
Civil Aviation Regulation (ECAR) Part will only
contain requirements. When appendices to requirements are used they also have
the same status as the requirement with which they are associated.
(d) Each Part includes the scope of applicability and dates of affectivity
of the ECAR and allow for a transition period and if it is to be permitted that an exemption and /or waiver
may be granted from any provision of a ECAR, the ECAR Part or Subpart will
include a provision which allows for the possibles waivers and /
or exemptions and their associated equivalent safety conditions.
(e) The detailed minimum Standards for training, examination and inspection
for the application of different ECARs are included in corresponding separate
Egyptian Civil Aviation Standards Handbooks and are referred to in the
pertinent ECAR Parts.
(f) Egyptian Civil Aviation Advisory Circulars referred to in some ECAR
Parts are means of compliance and interpretative and explanatory material and
not the only means to implement the pertinent regulations.
(g)
In some circumstances, the
uniform application of a particular standard or procedure may not be possible
or necessary. Such a standard or procedure will be phrased using words or
expressions such as: “should”, “may”, “if practicable”, “where physically
practicable”, “where determined necessary” or similar words or expressions. Whilst
such phrases may imply compliance is not mandatory, certificate holders need to
provide justification for non compliance or a relevant plan for compliance and
the final authority as to the applicability of the standard to a particular
certificate holder facility or procedure rests with the Egyptian Civil Aviation
Authority.
Official ECAA records relating to rulemaking
actions, including:
(a) Proposals;
(b) Notices
of proposed rulemaking;
(c) Written
material received in response to notices;
(d) Petitions
for rulemaking and exemptions;
(e) Written
material received in response to summaries of petitions for rulemaking and
exemptions;
(f) Petitions
for rehearing or reconsideration;
(g) Petitions
for modification or revocation;
(h) Notices
denying petitions for rulemaking;
(i) Notices
granting or denying exemptions, waivers or accepting/refusing relevant plans
for compliance ;
(j) Summaries
required to be published under 11.17;
(k) Special
conditions required;
(l) Written
material received in response to published special conditions;
(m) Notices
denying proposals; and
(n) Final rules or orders are maintained in the Office of the Regulation General Directorate. A document relating to rulemaking actions taken by the ECAA on petitions for exemption filed is maintained in this office. Unless a request for comment indicates otherwise, a public hearing record related to rulemaking actions taken by ECAA under Subparts B of this Part is maintained in this office. Any interested person may examine any material at that office at any time, except material that is ordered withheld from the public, and may obtain a duplicate copy of it upon paying the cost of the copy.
(a) All officials, with regulatory issuance
authority, may exercise the authority of the ECAA to make certifications,
findings and determinations with regard to any rulemaking document for which
issuance authority is delegated by other sections in this Part.
(b) The HECAA is delegated the authority to issue
any new regulation that is in the public interest without notice.
Whenever the ECAA anticipates that a proposed regulation is unlikely to result in adverse comment, it may choose to issue a direct final rule. The direct final rule will advise the public that no adverse or negative comments are anticipated, and that unless a written adverse or negative comment, or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on the date specified in the direct final rule. If no written adverse or negative comment, or notice or intent to submit such a comment is received within the comment period, the direct final rule will become effective on the date indicated in the direct final rule. The ECAA will publish a document indicating that no adverse or negative comments were received and confirming the date on which the final rules will become effective. If the ECAA does receive, within the comment period, an adverse or negative comment, or written notice of intent to submit such a comment, a document withdrawing the direct final rule will be published, and a notice of proposed rulemaking may be published with a new comment period. Normal procedures for the agency's receipt and consideration of comments will then apply.