[Federal Register Volume 59, Number 24 (Friday, February 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2554]


[[Page Unknown]]

[Federal Register: February 4, 1994]


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DEPARTMENT OF TRANSPORTATION
 

Organizations, Functions, and Authority Delegations: Special 
Counsel and Director of Civil Penalty Adjudications

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of delegation of authority.

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SUMMARY: The FAA is giving notice of a new delegation of authority from 
the Administrator to the Special Counsel and Director for Civil Penalty 
Adjudications regarding civil penalty actions under 14 CFR part 13, 
subpart G. The delegation was set forth in a memorandum signed by the 
Administrator on October 22, 1993. The FAA is publishing the text of 
the delegation so that it is available to interested parties. This 
delegation of authority does not affect the delegation of authority by 
the Administrator to the Chief Counsel and the Assistant Chief Counsel 
for Litigation signed by the Administrator on October 27, 1992, and 
published in the Federal Register on December 9, 1992. 57 FR 58280; 
December 9, 1992.

FOR FURTHER INFORMATION CONTACT:
Vicki S. Leemon, Manager, Adjudications Branch (AGC-710), Federal 
Aviation Administration, 701 Pennsylvania Avenue, NW., suite 925, 
Washington, DC 20004; telephone (202) 376-6470.

SUPPLEMENTARY INFORMATION: In August, 1993, the position of Special 
Counsel and Director of Civil Penalty Adjudications was created. The 
duties of the incumbent of that position include serving as an advisor 
to the FAA decisionmaker in appeals of initial decisions and orders by 
administrative law judges in civil penalty actions under 14 CFR part 
13, subpart G. In these proceedings, the Administrator serves as the 
FAA decisionmaker.
    By memorandum dated October 22, 1993, the Administrator delegated 
limited authority as FAA decisionmaker to the Special Counsel and 
Director of Civil Penalty Adjudications. The delegation of authority 
was designed to eliminate the need for the Administrator, acting in the 
capacity as FAA decisionmaker, to review and consider minor, procedural 
or unopposed matters.
    The Administrator delegated similar authority as FAA decisionmaker 
to the Chief Counsel and the Assistant Chief Counsel for Litigation by 
memorandum dated October 27, 1992, and published in the Federal 
Register on December 9, 1992. 57 FR 58280; December 9, 1992. The 
delegation of authority to the Special Counsel and Director of Civil 
Penalty Adjudications does not supercede or otherwise affect that 
delegation to the Chief Counsel and the Assistant Chief Counsel for 
Litigation.
    In the October 27, 1992, memorandum, the Administrator delegated 
the authority to issue orders staying, pending judicial review, orders 
of the FAA decisionmaker, and to consent to the entry of judicial stays 
regarding such orders. That delegation was unnecessary because a final 
order of the FAA decisionmaker shall not be considered an order 
assessing civil penalty if a petition for review is filed in an 
appropriate U.S. Court of Appeals in a timely manner. See 14 CFR 
13.16(b)(4) and 13.233(j)(2). Consequently, since there is no need for 
that particular delegation, the Administrator did not include that 
delegation in the memorandum dated October 22, 1993. Otherwise, the 
authority delegated to the Chief Counsel and the Assistant Chief 
Counsel for Litigation is identical to the authority delegated to the 
new Special Counsel and Director of Civil Penalty Adjudications.
    The text of the delegation of authority to the Special Counsel and 
Director of Civil Penalty Adjudications signed by the Administrator on 
October 22, 1993, in pertinent part, is as follows: Under 49 U.S.C. 
322(b) and 14 CFR 13.202, I [David R. Hinson, Administrator] delegate 
to the Special Counsel and Director of Civil Penalty Adjudications the 
authority of the FAA decisionmaker in all civil penalty actions under 
14 CFR part 13, subpart G, as follows:
    a. To grant or deny extensions of time to file briefs, petitions 
for reconsideration, motions, and replies to petitions for 
reconsideration and motions; to grant or deny requests to file 
additional briefs; and to approve or disapprove other deviations from, 
or requests for changes in, procedural requirements;
    b. To correct typographical, grammatical and similar errors in the 
FAA decisionmaker's orders, and to make editorial changes in those 
orders that do not involve substantive matters;
    c. To issue orders dismissing appeals from initial decisions upon 
request of the appellant, or due to the withdrawal of the complaint; to 
grant or deny motions to dismiss appeals from initial decisions, or to 
issue orders sua sponte, for failure to file a timely appeal or failure 
to perfect an appeal;
    d. To stay the effectiveness of decisions and orders pending 
reconsideration by the FAA decisionmaker;
    e. To dismiss summarily petitions to reconsider or modify that are 
repetitious or frivolous;
    f. To issue orders construing notices of appeal or other documents 
that meet the requirements for appeal briefs as appeal briefs, and to 
set a date for the filing of a reply brief.
    This delegation of authority does not affect the delegation of 
authority to the Chief Counsel and the Assistant Chief Counsel for 
Litigation by memorandum dated October 27, 1992, signed by Thomas C. 
Richards, Administrator.

    Issued in Washington, DC on January 26, 1994.
Daniel J. Peterson,
Special Counsel and Director of Civil Penalty Adjudications.
[FR Doc. 94-2554 Filed 2-3-94; 8:45 am]
BILLING CODE 4910-13-M