Rule2022-21354
Update to Investigative and Enforcement Procedures and General Rulemaking Procedures; Technical Amendments
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 11, 2022
Effective
October 11, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is making technical amendments to the Update to Investigative and Enforcement Procedures final rule, which was published on October 1, 2021. The final rule document inadvertently removed a delegation of authority from the Administrator for certificate actions. Also, the FAA is adding the Office of Management and Budget (OMB) control number for an information collection in the final rule.
Full Text
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<title>Federal Register, Volume 87 Issue 195 (Tuesday, October 11, 2022)</title>
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[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Rules and Regulations]
[Pages 61232-61233]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21354]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 11 and 13
[Docket No.: FAA-2018-1051; Amdt. No.: 13-40A]
RIN 2120-AK85
Update to Investigative and Enforcement Procedures and General
Rulemaking Procedures; Technical Amendments
AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT).
ACTION: Final rule; technical amendments.
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SUMMARY: The FAA is making technical amendments to the Update to
Investigative and Enforcement Procedures final rule, which was
published on October 1, 2021. The final rule document inadvertently
removed a delegation of authority from the Administrator for
certificate actions. Also, the FAA is adding the Office of Management
and Budget (OMB) control number for an information collection in the
final rule.
DATES: Effective October 11, 2022.
FOR FURTHER INFORMATION CONTACT: Cole R. Milliard, Office of the Chief
Counsel, AGC-300, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591; telephone (202) 267-3452; email
<a href="/cdn-cgi/l/email-protection#12517d7e773c5f7b7e7e7b736076527473733c757d64"><span class="__cf_email__" data-cfemail="65260a09004b280c09090c041701250304044b020a13">[email protected]</span></a>, or Jessica E. Kabaz-Gomez, Office of the Chief
Counsel, AGC-300, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591; telephone (202) 267-7395; email
<a href="/cdn-cgi/l/email-protection#db91bea8a8b2b8baf590bab9baa1f69cb4b6bea19bbdbabaf5bcb4ad"><span class="__cf_email__" data-cfemail="e5af8096968c8684cbae8487849fc8a28a88809fa5838484cb828a93">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
A copy of the Update to Investigative and Enforcement Procedures
notice of proposed rulemaking (NPRM) (84 FR 3614, February 12, 2019),
comments received, and final rule may be viewed online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> using the docket number listed above. A copy of
these technical amendments will be placed in the same docket.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year. An electronic
copy of this document may also be downloaded from the Office of the
Federal Register's website at <a href="https://www.federalregister.gov">https://www.federalregister.gov</a> and the
Government Publishing Office's website at <a href="https://www.govinfo.gov">https://www.govinfo.gov</a>. A
copy may also be found at the FAA's Regulations and Policies website at
<a href="https://www.faa.gov/regulations_policies">https://www.faa.gov/regulations_policies</a>.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
Commenters must identify the docket or notice number of this
rulemaking.
All documents the FAA considered in developing these technical
amendments, including economic analyses and technical reports, may be
accessed in the electronic docket for this rulemaking.
Good Cause for Adoption Without Prior Notice
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency for ``good cause'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Section 553(d)(3) of the APA requires that
agencies publish a rule not less than 30 days before its effective
date, except as otherwise provided by the agency for good cause found
and published with the rule.
This action makes technical amendments that will not impose any
additional substantive restrictions or requirements on any persons
affected by the regulations. Therefore, the FAA finds that notice and
public comment under 5 U.S.C. 553(b)(3)(B) is unnecessary and that good
cause exists under 5 U.S.C. 553(d) for making this rule effective in
less than 30 days.
Background
On October 1, 2021, the Update to Investigative and Enforcement
Procedures final rule (RIN 2120-AL00) was published in the Federal
Register at 86 FR 54514. After the rule was published, the FAA
discovered that a delegation of the Administrator's authority under 49
U.S.C. 44709 and 5121 previously codified in 14 CFR 13.19(b) was
inadvertently deleted. On March 17, 2022, the Administrator issued a
Delegation of Authority that authorized the Chief Counsel, the Deputy
Chief Counsel, and the Assistant Chief Counsel for Enforcement to
exercise his authority under 49 U.S.C. 44709 and 5121 to issue orders,
including emergency orders, and also ratified all orders issued under
these statutes between publication of the final rule and March 17,
2022.
This technical amendment restores the delegation of the
Administrator's authority under 49 U.S.C. 44709(b)(1)(A), (b)(2), and
5121 to part 13 by inserting it in Sec. Sec. 13.19(a)(2) and 13.70.
This places part of the prior delegation that pertained to the
Administrator's authority to take certain certificate actions, as
currently codified in 49 U.S.C. 44709(b)(1)(A) and (b)(2), in Sec.
13.19 because this section pertains to certificate actions. The other
part of the prior delegation that addressed the Administrator's
authority under the Hazardous Materials Transportation Act, as
currently codified in 49 U.S.C. 5121, is being placed in Sec. 13.70 of
subpart E because it pertains to hazardous material actions. It is
necessary to restore this delegation to the text of these regulations
because it was inadvertently deleted, and to ensure consistency
throughout part 13, which contains other codified delegations of the
Administrator's authority.
This same final rule included an information collection subject to
the Paperwork Reduction Act: formal complaints, codified at 14 CFR
13.5. Since the publication of the final rule, OMB has approved the
formal complaint information collection. The FAA is therefore adding
the formal complaint control number to the list of OMB control numbers
for FAA information collections at 14 CFR 11.201.
[[Page 61233]]
List of Subjects
14 CFR Part 11
Administrative practice and procedure, Reporting and recordkeeping
requirements.
14 CFR Part 13
Administrative practice and procedure, Air transportation, Aviation
safety, Hazardous materials transportation, Investigations, Law
enforcement, Penalties.
The Amendments
Accordingly, the FAA amends 14 CFR parts 11 and 13 as set forth
below:
PART 11--GENERAL RULEMAKING PROCEDURES
0
1. The authority citation for part 11 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40109,
40113, 44110, 44502, 44701-44702, 44711, 46102, and 51 U.S.C. 50901-
50923.
0
2. Amend the table in paragraph (b) of Sec. 11.201 by adding an entry
for ``13.5'' before the entry ``Part 14'' to read as follows:
Sec. 11.201 Office of Management and Budget (OMB) control numbers
assigned under the Paperwork Reduction Act.
* * * * *
(b) * * *
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Current OMB
14 CFR part or section identified and described control number
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13.5.................................................... 2120-0795
* * * * *
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PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES
0
3. The authority citation for part 13 is revised to read as follows:
Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C.
106(g), 5121-5124, 5127, 40113-40114, 44103-44106, 44701-44704,
44709-44710, 44713, 44725, 44742, 44802 (note), 46101-46111, 46301,
46302 (for a violation of 49 U.S.C. 46504), 46304-46316, 46318,
46501-46502, 46504-46507, 47106, 47107, 47111, 47122, 47306, 47531-
47532; 49 CFR 1.83.
0
4. Revise paragraph (a) of Sec. 13.19 to read as follows:
Sec. 13.19 Certificate actions appealable to the National
Transportation Safety Board.
(a) This section applies to certificate actions by the
Administrator that are appealable to the National Transportation Safety
Board.
(1) Under 49 U.S.C. 44709(b) the Administrator may issue an order
amending, modifying, suspending, or revoking all or part of any type
certificate, production certificate, airworthiness certificate, airman
certificate, air carrier operating certificate, air navigation facility
certificate, or air agency certificate if as a result of a
reinspection, reexamination, or other investigation, the Administrator
determines that the public interest and safety in air commerce requires
it, if a certificate holder has violated an aircraft noise or sonic
boom standard or regulation prescribed under 49 U.S.C. 44715(a), or if
the holder of the certificate is convicted of violating 16 U.S.C. 742j-
1(a).
(2) The authority of the Administrator to issue orders under 49
U.S.C. 44709(b)(1)(A) and (b)(2) is delegated to the Chief Counsel,
each Deputy Chief Counsel, and the Assistant Chief Counsel for
Enforcement.
* * * * *
0
5. Add Sec. 13.70 to subpart E to read as follows:
Sec. 13.70 Delegation of authority.
The authority of the Administrator under 49 U.S.C. 5121(a) and (d)
is delegated to the Chief Counsel, each Deputy Chief Counsel, and the
Assistant Chief Counsel for Enforcement.
Issued in Washington, DC, under the authority provided by 49
U.S.C. 106(f), 40101 note and 44807.
Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2022-21354 Filed 10-7-22; 8:45 am]
BILLING CODE 4910-13-P
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