(a) This
subpart applies to substantive rules, other than those relating to airspace
assignment and use.
(b) Unless the ECAA, for good cause, finds that notice is impracticable, unnecessary, or contrary to the public interest, and incorporates that finding and a brief statement of the reasons for it in the rule, the ECAA issues notices of proposed rulemaking and allows interested persons to participate in rulemaking proceedings involving a substantive rule.
(c) Unless
the ECAA determines that notice and rulemaking procedures are to be followed,
interpretive rules, general statements of policy, and rules of ECAA
organization, procedure, or practice are prescribed as final without notice or rulemaking
procedures.
11.13 Initiating rulemaking procedures
The
ECAA initiates rulemaking procedures upon its own motion, however, in doing so,
he considers the recommendations of other agencies of Egypt and the petitions
of other interested persons.
11.15 Petitions for
rulemaking or exemptions
(a) Any interested person may petition the ECAA to issue, amend, or repeal a rule whether or not it is a substantive rule within the meaning of this Part, or for a temporary or permanent exemption from any rule issued by the ECAA under statutory authority.
(b) Each petition
filed under this section must:
(1) In the case of a petition for exemption, unless good cause is shown in that petition, be submitted at least 120 days before the proposed effective date of the exemption;
(2) Be submitted
in duplicate to the ECAA General Manager of Regulations, in the case of any
petition for exemption from:
(i) A rule; or
(ii) Airworthiness directive.
(3) Set forth
the text or substance of the rule or amendment proposed, or of the rule or
statute from which the exemption is sought, or specify the rule that the
petitioner seeks to request including, in the case of a petition for an
exemption, the nature and extent of the relief sought and a description of each
aircraft or person to be covered by the exemption;
(4) Contain any
information, views, or arguments available to the petitioner to support the
action sought, the reasons why the granting of the request would be in the
public interest and, if appropriate, in the case of an exemption, the reason
why the exemption would not adversely affect safety or the action to be taken
by the petitioner to provide a level of safety equal to that provided by the
rule from which the exemption is sought:
(i) In the case of a unit of governmental unit that is applying for an exemption from any requirement, that would otherwise be applicable to current or future aircraft of such unit of government as a result of the statutory change, the petition for exemption must contain any information, views, analysis, or arguments available to the petitioner to show that:
(A) The
exemption is necessary to prevent an undue economic burden on the unit of
government; and
(B) The
aviation safety program of the unit of government is effective and appropriate
to ensure safe operations of the type of aircraft operated by the unit of
government.
(ii) The authority of the Minister of the Civil Aviation, to grant exemptions to investors may be delegated to the HECAA.
(c) A petition for rulemaking filed under this section must contain a summary, which includes:
(1) A brief
description of the general nature of the rule requested; and
(2) A
brief description of the pertinent reasons presented in the petition for
instituting rulemaking procedures.
(d) A
petition for exemption filed under this section must contain a summary, which
includes:
(1) A citation of each
rule from which relief is requested; and
(2) A brief
description of the general nature of the relief requested.
11.17 Action on petitions for rulemaking or exemptions
(a) General:
Except for the publication and comment procedures provided for in this section,
no public hearing, argument, or other formal proceeding is held directly on a
petition, filed under 11.19, before its disposition by the ECAA.
(b) Publication
of summary of petition for rulemaking: After receipt of a petition for
rulemaking, except as otherwise provided in paragraph (i) of this section, the
ECAA publishes a summary of the petition, which includes:
(1) The record
number of the petition;
(2) The name of
the petitioner;
(3) A brief
description of the general nature of the rule requested;
(4) A brief
description of the pertinent reasons presented in the petition for instituting
rulemaking procedures; and
(5) In appropriate
situations, a list of questions to assist the ECAA in obtaining comment on the
petition. Comments on the petition for rulemaking must be filed, in triplicate,
within 60 days after the summary is published unless the ECAA, for good cause,
finds a different time period appropriate. Timely comments received will be
considered by the ECAA before taking action on the petition.
(c) Publication of summary of petition for exemption: After receipt of a petition for exemption, except as otherwise provided in paragraphs (i) and (j) of this section, the ECAA publishes a summary of the petition, which includes:
(1) The record
number of the petition;
(2) The name of
the petitioner;
(3) A citation of each rule
from which relief is requested; and
(4) A brief
description of the general nature of the relief requested: Comments on the
petition for exemption must be filed, in triplicate, within 20 days after the
summary is published unless the ECAA, for good cause, finds a different time
period appropriate. Timely comments received will be considered by the ECAA
before taking action on the petition.
(d) Instituting rulemaking procedures based on a petition: If the ECAA determines, after consideration of any comments received in response to a summary of a petition for rulemaking, that the petition discloses adequate reasons, the ECAA institutes rulemaking procedures.
(e) Grant of petition
for exemption summary: If the ECAA determines, after consideration of any
comments received in response to a summary of a petition for exemption, that
the petition is in the public interest, the ECAA grants the exemption and,
except as otherwise provided in paragraph (i) of this section, the ECAA
publishes a summary of the grant of the petition for exemption. A summary of a
grant of a petition for exemption includes:
(1) The record number of the petition;
(2) The name of the petitioner;
(3) A citation of each rule from which relief is requested;
(4) A brief description of the general nature of the relief granted;
and
(5) The disposition of the petition.
(f) Denial of petition for rulemaking: If the ECAA determines, after consideration of any comments received in response to a summary of a petition for rulemaking, that the petition does not justify instituting rulemaking procedures, the ECAA notifies the petitioner to that effect. Except as otherwise provided in paragraph (i) of this section, the ECAA publishes a summary of the denial of the petition for rulemaking in accordance with paragraph (h) of this section.
(g) Denial of petition
for exemption: If the ECAA determines, after consideration of any comments
received in response to a summary of a petition for exemption, that the
petition does not justify granting the requested exemption, the ECAA notifies
the petitioner to that effect.
Except as otherwise provided in paragraph (i) of this section, the ECAA
publishes a summary of the denial of the petition for exemption in accordance
with paragraph (h) of this section.
(h) Summary
of denial of petition for rulemaking or exemption: A summary of a denial of a
petition for rulemaking or exemption includes:
(1) The record number of the petition;
(2) The name of the petitioner;
(3) In the case of a denial of a petition for
exemption, a citation of each rule from which relief is requested;
(4) A brief description of the general nature of the
rule or relief requested; and
(5) The disposition of the petition.
(i) General exceptions: The publication and comment procedures of Paragraphs (b) through (h) of this section do not apply to petitions for exemptions from the requirements of Part 67.
(j) Exceptions
to publication of summary of petition for exemption: The publication and
comment procedures of paragraph (c) of this section do not apply to the
following:
(1) To petitions for emergency exemptions;
(2) Whenever
the ECAA, finds for good cause shown in a petition for exemption that action on
the petition should not be delayed by the publication and comment
procedures. Factors that may be
considered in determining whether good cause exists, include:
(i) Whether a
grant of exemption would set a precedent or whether the petition for exemption
and the reasons presented in it are identical to exemptions previously granted;
(ii) Whether the delay in acting
on the petition for exemption that would result from publication would be
detrimental to the petitioner; and
(iii) Whether petitioner acted in
a timely manner in filing the petition for exemption.
(k) Status of petition for rulemaking: Within 120 days after publication of a summary of petition for rulemaking and every 120 days thereafter, unless sooner denied or issued as a notice of proposed rulemaking under 11.21, the ECAA shall advise petitioner in writing of the status of the petition.
11.21 Action on special conditions
(a) Each general
notice of proposed rulemaking is published, unless all persons subject to it
are named and are personally served with a copy of it.
(b) Each notice,
whether published or personally served, includes:
(1) A statement of the
time, place, and nature of the proposed rulemaking proceeding;
(2) A reference to the
authority under which it is issued;
(3) A description of
the subjects and issues involved or the substance and terms of the proposed
rule;
(4) A statement of the
time within which written comments must be submitted and the required number of
copies; and
(5) A statement of how and to what extent interested persons may participate in the proceedings, as prescribed by paragraphs 11.23 and 11.25.
(c) A petition for extension of the time for comments must be submitted in duplicate not later than two 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. Such a petition is granted only if the petitioner shows a substantive interest in the proposed rule and good cause for the extension, and if the extension is consistent with the public interest. If an extension is granted it is published.
11.23 Participation of interested persons in rulemaking procedures
(a) Each interested
person is entitled to participate in rulemaking proceedings by submitting
written information, views, or arguments.
In addition, he may comment on the original information, views, and
arguments submitted by other persons, if, after receiving them, the ECAA
considers it desirable.
(b) In any appropriate
case, the ECAA also allows interested persons to participate in the rulemaking
procedures described in 11.25.
11.25 Additional rulemaking proceedings
(a) The rulemaking
procedure also includes any further procedural steps that best serve the
purposes of a particular proceeding.
For example, interested persons may be allowed to make oral arguments,
participate in conferences between the ECAA or its representative and
interested persons and organizations, appear at informal hearings presided over
by a designated ECAA official or participate in any other procedure whenever it
is desirable and appropriate to assure informed administrative action and
adequate protection of private interests.
(b) Any appropriate
combination of the procedures described in paragraph (a) of this section may be
used in addition to the basic procedure of allowing interested persons to
participate in rulemaking proceedings by submitting written information, views,
or arguments.
11.27
(Reserved)
11.29 Requests for informal appearances
(a) Upon
his request, any interested person may appear informally before an appropriate
official of the ECAA to present, adjust, or determine a question or controversy
relating to a rulemaking function of the ECAA.
(b) A
request for an appearance under this section must be sent in writing to the
ECAA.
11.31 Reconsideration of a
denial or grant of exemption
(a) Except as provided
in paragraph (c) of this section, if a petition for exemption is denied, the
petitioner may file a petition for reconsideration with the ECAA. The petition
must be filed, in duplicate, within 30 days after the petitioner is notified of
the denial of the exemption.
(b) If a petition for
exemption is granted, a person other than the initial petitioner may file a petition
for reconsideration with the ECAA.
The petition must be filed, in duplicate, within 45 days after the grant
of exemption is issued.
(c) If a petition for
exemption from the requirements of Part 67 is denied, the petitioner may file a
petition for reconsideration with the ECAA Medical Evaluators. The petition
must be filed in duplicate, within 30 days after the petitioner is notified of
the denial of the exemption.
However, if the final action on the initial petition was by the ECAA,
the ECAA Medical Evaluators shall reconsider it and make recommendations to the
ECAA for final action.
(d) A petition for
reconsideration under this section must be based on the existence of one or
more of the following:
(1) A finding of a material fact that is erroneous;
(2) A necessary legal
conclusion that is without governing precedent or is a departure from or
contrary to law, ECAA rules, or precedent;
(3) An
additional fact relevant to the decision that was not presented in the initial
petition for exemption: In order for a petition under paragraph (a) or (c) of
this section to be based on this ground, the petition for reconsideration must
state the reason the additional fact was not presented in the initial petition.