[Federal Register Volume 70, Number 53 (Monday, March 21, 2005)]
[Rules and Regulations]
[Page 13345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5439]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 13


Rules of Practice in FAA Civil Penalty Actions

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: The FAA amended the procedural regulations governing the 
assessment of civil penalties against persons other than individuals 
acting as pilots, flight engineers, mechanics or repairmen in a notice 
published in the Federal Register on February 18, 2005. We explained in 
the preamble of that notice that we were amending the procedural rules 
to provide the FAA Hearing Docket's new address and new instructions on 
filing of documents. We inadvertently failed to amend the rule about 
filing an appeal, to include the new address informtion. We are now 
making that inadvertently omitted amendment.

DATES: This rule is effective on March 21, 2005.

FOR FURTHER INFORMATION CONTACT: Vicki Leemon, Office of the Chief 
Counsel, Adjudication Branch, 800 Independence Avenue, SW., Washington, 
DC 20591; telephone 202/385-8227.

SUPPLEMENTARY INFORMATION: 

Background

    The Administrator may impose a civil penalty against a person other 
than an individual acting as a pilot, flight engineer, mechanic, or 
repairman, after notice and an opportunity for a hearing on the record, 
for violations cited in 49 U.S.C. 46301(d)(2) or 47531. 49 U.S.C. 
46301(d)(7)(A) and 47531. These violations, in general, involve 
aviation safety issues. Also, under 49 U.S.C. 5123 and 49 CFR 1.47(k), 
the Administrator may, after notice and an opportunity for a hearing, 
assess a civil penalty against any person who knowingly violates the 
Federal hazardous materials transportation law, 49 U.S.C. chapter 51, 
or any of its implementing regulations. The rules governing proceedings 
in these civil penalty cases are set forth in 14 CFR 13.16 and 14 CFR 
part 13, subpart G. We recently amended those rules to, among other 
things, provide the new address of the FAA Hearing Docket. 70 FR 8236, 
February 18, 2005. As we explained in the February 18, 2005, notice, 
the FAA Hearing Docket is now located in Room 2014 of the Wilbur Wright 
Building, 600 Independence Avenue, SW., Washington, DC 20591. Anyone 
hand-delivering a document for filing should go to the Wilbur Wright 
Building at the above address. Packages sent by expedited courier to 
the Hearing Docket should be addressed as follows: Hearing Docket, 
Federal Aviation Administration, 600 Independence Avenue, SW., Wilbur 
Wright Building--Room 2014, Washington, DC 20591; Att: Hearing Docket 
Clerk, AGC-430.
    As explained further in the February 18, 2005, notice, all 
envelopes and packages sent by U.S. Mail to individuals in the Wilbur 
Wright Building are processed by the FAA Headquarters' mail room staff 
located at 800 Independence Avenue, SW., Washington, DC 20591. 
Consequently, anyone using U.S. Mail to file a document should use the 
following address: Hearing Docket, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591; Att: Hearing Docket 
Clerk, AGC-430, Wilbur Wright Building--Room 2014.
    We explained in the February 18, 2005, notice that we were revising 
several sections of 14 CFR part 13, subpart G--including 14 CFR 
13.233--to include this new information. However, we failed to include 
the actual revision in the notice. This technical amendment is intended 
to correct that omission from the previous revision.

Procedural Matters

    In general, under the APA, 5 U.S.C. 533, agencies must publish 
regulations for public comment and give the public at least 30 days 
notice before adopting regulations. There is an exception to these 
requirements if the agency for good cause finds that notice and public 
procedure are impracticable, unnecessary, or contrary to the public 
interest. In this case, the FAA finds that notice and comment 
requirements are unnecessary due to the administrative nature of the 
changes. It is in the public interest that the revision to 14 CFR 
13.233 takes effect promptly so that anyone appealing from an 
administrative law judge's initial decision or order knows the correct 
address to use for the Hearing Docket. This revision was inadvertently 
omitted during the prevision revision. The amendments set forth in this 
notice do not affect the rights or duties of any regulated entity.

List of Subjects in 14 CFR Part 13

    Administrative practice and procedure, Air transportation, Aviation 
safety, Hazardous materials transportation, Investigations, Law 
enforcement, Penalties.

The Amendments

0
Accordingly, the Federal Aviation Administration amends part 13 of 
title 14, Code of Federal Regulations as follows:

PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES

0
1. The authority citation for part 13 continues to read as follows:

    Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C. 
106(g), 5121-5124, 40113-40114, 44103-44106, 44702-44703, 44709-
44710, 44713, 46101-46110, 46301-46316, 46318, 46501-46502, 46504-
46507, 47106, 47111, 47112, 47122, 47306, 47531-47532; 49 CFR 1.47.


0
2. Amend Sec.  13.233 by revising the second sentence of paragraph (a) 
to read as follows:


Sec.  13.233  Appeal from initial decision.

    (a) * * * A party must file the notice of appeal in the FAA Hearing 
Docket using the appropriate address listed in Sec.  13.210(a). * * *
* * * * *

    Issued in Washington, DC on March 15, 2005.
Rebecca MacPherson,
Assistant Chief Counsel for Regulations.
[FR Doc. 05-5439 Filed 3-18-05; 8:45 am]
BILLING CODE 4910-13-M