95-5427. Delegation of Authority

[Federal Register Volume 60, Number 43 (Monday, March 6, 1995)]
[Rules and Regulations]
[Page 12108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5427]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 11


Delegation of Authority

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of delegation of authority.

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SUMMARY: The Administrator of the Federal Aviation Administration (FAA) 
is delegating the authority to deny a petition for rulemaking to the 
Office or Service that has jurisdiction over the specific parts of 
Federal Aviation Regulations (Title 14 of the Code of Federal 
Regulations) for which a petition is submitted. The Administrator will 
continue to be the decision point for petitions for reconsideration. 
This delegation will enable the FAA to respond more effectively to the 
large number of petitions for rulemaking submitted by the aviation 
community and the general public.

EFFECTIVE DATE: March 6, 1995.

FOR FURTHER INFORMATION CONTACT:
Joseph Hawkins, Office of Rulemaking (ARM-2), 800 Independence Avenue, 
SW., Washington, DC 20591, telephone [phone].

SUPPLEMENTARY INFORMATION: The FAA has over 130 petitions for 
rulemaking on which it has been unable to take action primarily due to 
higher priorities and insufficient resources. Currently these petitions 
must be reviewed personally by the Administrator before action on them 
is complete. This involves significant participation of individuals at 
all levels of the agency.
    In the case of a grant of a petition, personal involvement by the 
Administrator is appropriate, since the action of granting a petition 
results in the initiation of rulemaking proposing to amend a 
regulation. The authority to issue regulations has not been delegated 
below the level of the Administrator except for routine rulemaking, 
such as airworthiness directives and airspace actions. However, in a 
case where the responsible agency program office determines that a 
petition should be denied, it is unnecessary to require the personal 
involvement of the Administrator. For this reason, authority to issue 
the denial of a petition for rulemaking is being delegated to the head 
of the FAA office or service involved. This authority will be exercised 
with the concurrence of the Office of the Chief Counsel as to form and 
legality. In a case where a petitioner is not persuaded by the agency's 
rationale for denying the petition, the petitioner may request 
reconsideration of the denial by the Administrator.
    Consistent with Vice President Gore's reinventing government 
initiatives and the National Performance Review, the Administrator is 
making this delegation to streamline the process for addressing 
petitions for rulemaking. It should achieve the following results: (1) 
Faster response to certain petitioners on the merits of their 
petitions; (2) a reduction in resources required for processing 
petitions by eliminating certain levels of review, unless such review 
becomes necessary due to special circumstances; (3) a reduction of the 
current backlog.

Rulemaking

    The FAA also will initiate rulemaking to amend 14 CFR part 11 
(General Rule-Making Procedures) to reflect this delegation of 
authority. This delegation, however, is being made immediately in order 
to begin improving the process as quickly as possible.

Delegation

    Accordingly, the authority to deny a petition for rulemaking is 
hereby delegated to the head of the FAA office or service involved.

    Issued in Washington, DC on February 14, 1995.
David R. Hinson,
Administrator.
[FR Doc. 95-5427 Filed 3-3-95; 8:45 am]
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