Arab Republic of Egypt ECAR Part 11
Ministry of Civil Aviation Subpart A
SUBPART A
General
11.1 Applicability
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 possible 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.
11.3 Records
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.
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ECAR Part 11 Arab Republic of Egypt
Subpart A Ministry of Civil Aviation
11.5 Delegation of authority
(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.
11.7 (Reserved)
11.9 Direct final rule
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.
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