[Federal Register Volume 67, Number 99 (Wednesday, May 22, 2002)]
[Notices]
[Page 36063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12856]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Publication of Index of Administrator's Decisions and Orders in 
Civil Penalty Actions; Discontinuation Notice

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of discontinuation of publication of index.

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SUMMARY: The agency will no longer publish in the Federal Register an 
index of the Administrator's civil penalty decisions and orders. The 
agency has determined that such publication is unnecessary and 
impracticable, given that indexes of the decisions and orders are now 
available on the agency's Internet website and through commercial 
publishers. The agency will continue to provide copies of the index to 
members of the public upon request.

FOR FURTHER INFORMATION CONTACT: Vicki Leemon, Manager, Adjudication 
Branch (AGC-430), Federal Aviation Administration, 400 7th Street, SW., 
Suite PL 200-A, Washington, DC 20590, Telephone: (202) 366-4118.

SUPPLEMENTARY INFORMATION: In 49 U.S.C. 46301, Congress authorized the 
FAA Administrator to assess civil penalties against those who violate 
the FAA's governing status or any regulations issued under that 
statute. Likewise, in 49 U.S.C. 5123, Congress authorized the 
Administrator to assess civil penalties against those who violate the 
Federal hazardous materials transportation statute or the hazardous 
materials regulations. Under the rules of practice governing hearings 
and appeals of civil penalty actions (14 CFR part 13, subpart G), the 
Administrator or the Administrator's delegate is designated as the FAA 
decisionmaker to review and decide appeals of initial decisions issued 
by administrative law judge who hold adjudicatory hearings in these 
civil penalty actions. The Administrator, as the decisionmaker, issues 
the final decisions and orders of the agency in these cases.
    The Administrative Procedure Act (APA) requires Federal agencies to 
publish, at least quarterly, current indexes of the agencies' final 
opinions and orders. 5 U.S.C. 552(a)(2)(A) and (E). To this end, since 
October 31, 1990, the FAA has published indexes of the agency's final 
opinions and orders in civil penalty cases in the Federal Register. The 
agency published the last index in the Federal Register on January 23, 
2001. 66 FR 7532, January 23, 2001.
    The APA provides one exception to the requirement that agencies 
publish indexes of final agency orders and decisions. The exception is 
for situations in which the agency determines by order published in the 
Federal Register that publication of the indexes is unnecessary and 
impracticable. 5 U.S.C. 552(a)(2)(E).
    Since the FAA began publishing indexes of the Administrator's civil 
penalty decisions and orders in 1990, the agency has created a website 
on the Internet that contains the indexes and other resources. The 
address for the website is: www.faa.gov/agc/cpwebsite.
    The FAA is making available through its website more information 
than has been included in the quarterly indexes in the Federal 
Register. The website includes all of the Administrator's decisions in 
FAA civil penalty cases. In addition, the website provides access to 
cumulative indexes of decisions and orders by: (1) Case name; (2) order 
number; (3) subject matter; and (4) regulation. The website has 
information about civil penalty cases appealed to Federal courts of 
appeals or Federal district courts, as well as information about the 
FAA Hearing Docket and the Department of Transportation's Docket 
Management System. The Administrator's delegations of authority to FAA 
officials, the Rules of Practice in Civil Penalty Cases, and other 
pertinent information are also available on the website. The FAA 
updates the website on a monthly basis.
    A number of commercial publishers also publish indexes of the 
Administrator's orders and decisions. Two such publications are Federal 
Aviation Decisions, which is published by Clark Boardman Callaghan, a 
subsidiary of West Group, 50 Broad Street East, Rochester, NY 14694, 
Telephone: (716) 546-1490; and Hawkins Civil Penalty Cases Digest 
Service, published by Hawkins Publishing Company, PO Box 480, Mayo, MD 
21106, Telephone: (410) 798-1677. The electronic databases LEXIS (TRAN 
library, FAA file), WestLaw (F-TRAN library), CompuServe, and FedWorld 
include the Administrator's civil penalty orders and decisions. 
Finally, the Administrator's civil penalty orders and decisions are 
available on CD-ROM through Aeroflight Publications, PO Box 854, 433 
Main Street, Gruver, TX 79040, Telephone: (806) 733-2483.
    Given the time and resources that the agency is now expending in 
updating the civil penalty website, and given that indexes of the 
orders and decisions are readily available through the website and 
other sources, the agency has determined that it is unnecessary and 
impracticable to continue publishing the indexes in the Federal 
Register. The agency will, however, provide copies of the indexes upon 
request, as required by 5 U.S.C. 552(a)(2)(E). Persons wishing copies 
of the indexes should contact Vicki Leemon, Manager, Adjudication 
Branch (AGC-430), Federal Aviation Administration, 400 7th Street, SW., 
Suite PL 200-A, Washington, DC 20590, Telephone: (202) 366-4118.

    Issued in Washington, DC on May 15, 2002.
David G. Leitch,
Chief Counsel.
[FR Doc. 02-12856 Filed 5-21-02; 8:45 am]
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