[Federal Register Volume 62, Number 171 (Thursday, September 4, 1997)]
[Rules and Regulations]
[Pages 46864-46866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23376]
[[Page 46863]]
_______________________________________________________________________
Part IV
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 11, et al.
Organizational Changes and Delegations of Authority; Final Rule
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 /
Rules and Regulations
[[Page 46864]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 11, 13, 15, and 185
[Docket No. 29010; Amdt Nos. 11-42, 13-29, 15-4, 185-3]
RIN 2120-AG41
Organizational Changes and Delegations of Authority
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts changes to office titles as a result of
changes in the names of various offices and the establishment of a new
position within the Office of the Chief Counsel. These changes are
necessary to make the regulations and delegations of authority
consistent with the current structure of the Office of the Chief
Counsel.
EFFECTIVE DATE: September 4, 1997.
FOR FURTHER INFORMATION CONTACT: Christopher Poreda, Senior Attorney,
Office of the Assistant Chief Counsel, New England Region, Federal
Aviation Administration, 12 New England Executive Park, Burlington, MA
01803-5299; telephone (617) 238-7942, fax (617) 238-7055.
SUPPLEMENTARY INFORMATION:
Discussion
On July 1, 1988, the Federal Aviation Administration (FAA)
underwent far-reaching organizational changes that affected both
headquarters and regional offices. The most significant of those
changes placed certain regional offices in the direct reporting line to
their headquarters counterparts, when before those offices had reported
to the Regional Administrator. The legal office in each geographic
region, as well as in the Mike Monroney Aeronautical Center, in
Oklahoma City, Oklahoma, and the William Hughes Technical Center, in
Atlantic City, New Jersey, were among the offices affected by that
change. Prior to July 1988, those offices were known in each region as
the Regional Counsel, and at the Centers as Center Counsel. After the
organizational changes those offices reported directly to the Office of
the Chief Counsel, and each name changed to Office of the Assistant
Chief Counsel for the region or center served. Although the duties of
each office did not significantly change, the name change caused
confusion both within the FAA and outside of the agency. Therefore, the
Office of the Chief Counsel has determined that the name of the legal
office in each region should be changed back to Regional Counsel for
that region, the legal office at the Mike Monroney Aeronautical Center
back to Aeronautical Center Counsel, and at the William Hughes
Technical Center, Technical Center Counsel. This name change will not
affect the reporting lines or delegations of authority made within the
Office of the Chief Counsel, Regional Counsel and Center Counsel
offices will still report directly to the Office of the Chief Counsel.
In November 1992, the Office of the Chief Counsel underwent
organizational changes. One of the organizational changes made was to
separate the duties of the Assistant Chief Counsel for Regulations and
Enforcement, thus creating an office for the Assistant Chief Counsel
for Regulations and an office for the Assistant Chief Counsel for
Enforcement. These name changes are reflected in parts 11 and 13 of
this document.
In addition, the FAA has recently established the position of
Assistant Chief Counsel, Europe, Africa, and Middle East Area Office.
The objective of establishing this new position is to establish within
this region a senior level of legal support for U.S. civil aviation
safety and security initiatives.
Within parts 11, 13, 15, and 185 of the Federal Aviation
Regulations (FAR's), various regulations refer to legal offices at each
region and at the centers, as well as FAA Headquarters. Title 14 of the
Code of Federal Regulations must therefore be amended to reflect this
name change of certain offices within the Office of Chief Counsel.
Good Cause Justification for Immediate Adoption of These Amendments
These amendments are needed to eliminate and avoid confusion over
the internal structure of the FAA's Office of Chief Counsel. Since
these amendments are editorial in nature, impose no additional burden
on the public, and constitute only agency rules of organization, I find
that notice and opportunity for prior public comment before adopting
these amendments is unnecessary, and that good cause exists for making
them effective immediately. In addition, the FAA has considered the
Regulatory Policies and Procedures of the Office of the Secretary of
Transportation and finds that notice and the opportunity for comment
could not reasonably be anticipated to result in the receipt of useful
information.
Paperwork Reduction Act
These amendments are completely editorial in nature. There will be
no increase or decrease in the paperwork requirements of the sections
amended, which requirements have already been approved.
Federalism Implications
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
Conclusion
The FAA has determined that these amendments do not impose any
additional burden on the public, and, accordingly, that this action is
not a ``significant regulatory action'' under Executive Order 12866; it
is not significant under DOT Regulatory Policies and Procedures (44 FR
11034; February 26, 1979); and, because of its editorial nature, no
economic impact is expected to result, and, therefore, no regulatory
evaluation is required. In addition, the FAA certifies that these
amendments will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects
14 CFR Part 11
Administrative practice and procedure, Reporting and recordkeeping
requirements.
14 CFR Part 13
Investigations, Law enforcement, Penalties.
14 CFR Part 15
Administrative claims, Air transportation, Aircraft, Airplanes,
Airports, Federal Tort Claims Act, Helicopters, Heliports, Rotorcraft.
14 CFR Part 185
Administrative practice and procedure, Authority delegations
(Government agencies), Government employees.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR Parts 11, 13, 15 and 185 as follows:
[[Page 46865]]
PART 11--GENERAL RULEMAKING PROCEDURES
1. The authority citation for part 11 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40101, 40103, 40105, 40109, 40113,
44110, 44502, 44701-44702, 44711, 46102.
Sec. 11.11 [Amended]
2. Section 11.11 is amended by removing the words ``office of the
Assistant Chief Counsel'' and adding, in their place, the words
``Regional Counsel's office'' wherever they appear.
Sec. 11.41 [Amended]
3. Section 11.41 is amended in paragraph (c)(2)(ii) by removing the
words ``An Assistant Chief Counsel'' and adding, in their place, the
words ``A Regional Counsel or the Assistant Chief Counsel, Europe,
Africa, and Middle East Area Office''.
4. Section 11.41 is amended in paragraph (c)(2)(iii) by removing
the words ``and Enforcement''.
Sec. 11.61 [Amended]
5. Section 11.61 is amended in paragraph (d) by removing the words
``an Assistant Chief Counsel for a region'' and adding, in their place,
the words ``a Regional Counsel, the Assistant Chief Counsel, Europe,
Africa, and Middle East Area Office''; and by removing the words ``and
Enforcement''; and by removing the words ``Chief Counsel or Assistant
Chief Counsel'' and adding, in their place, ``Chief Counsel, Assistant
Chief Counsel, or Regional Counsel''; and by removing the word ``his''.
Sec. 11.81 [Amended]
6. Section 11.81 is amended in paragraph (d) by removing the words
``an Assistant Chief Counsel for a region or directorate'' and adding,
in their place, ``a Regional Counsel or a Directorate Counsel, the
Assistant Chief Counsel, Europe, Africa, and Middle East Area Office'';
and by removing the words ``and Enforcement''; and by removing the
words ``Chief Counsel or Assistant Chief Counsel for a region'' and
adding, in the place, ``Chief Counsel, Assistant Chief Counsel,
Regional Counsel, or Directorate Counsel''; and by removing the word
``his''.
PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES
7. The authority citation for part 13 continues to read as follow:
Authority: 18 U.S.C. 6002, 49 U.S.C. 106(g), 5121-5124, 40113-
40114, 44103-44106, 44702-44703, 44709-44710, 44713, 46101-46110,
46301-46316, 46501-46502, 46504-46507, 47106, 47111, 47122, 47306,
47531-47532.
Sec. 13.3 [Amended]
8. Section 13.3 is amended in paragraph (b) by removing the words
``and each Assistant Chief Counsel'' and adding, in their place, the
words ``each Assistant Chief Counsel, each Regional Counsel, the
Aeronautical Center Counsel, and the Technical Center Counsel''.
9. Section 13.3 is amended in paragraph (c) by removing the words
``and each Assistant Chief Counsel'' and adding, in their place, the
words ``each Assistant Chief Counsel, each Regional Counsel, the
Aeronautical Center Counsel, and the Technical Center Counsel.''
Sec. 13.15 [Amended]
10. Section 13.15 is amended in paragraphs (b) and (c)(1) by
removing the words ``the Assistant Chief Counsel for Regulations and
Enforcement, and the Assistant Chief Counsel for a region or center''
and adding, in their place, the words ``the Assistant Chief Counsel,
Enforcement, the Assistant Chief Counsel, Regulations, the Assistant
Chief Counsel, Europe, Africa, and Middle East Area Office, the
Regional Counsel, the Aeronautical Center Counsel, and the Technical
Center Counsel'', wherever they appear.
11. Section 13.15 is amended in paragraph (c)(3) by removing the
words ``Assistant Chief Counsel for Regulations and Enforcement, or the
Assistant Chief Counsel for a region or center'' and adding, in their
place, the words ``Assistant Chief Counsel, Enforcement, the Assistant
Chief Counsel, Regulations, the Assistant Chief Counsel, Europe,
Africa, and Middle East Area Office, the Regional Counsel, the
Aeronautical Center Counsel, or the Technical Center Counsel''.
Sec. 13.16 [Amended]
12. Section 13.16 is amended in paragraph (c) by removing the words
``Assistant Chief Counsel for Regulations and Enforcement, and the
Assistant Chief Counsel for a region or center'' and adding, in their
place, the words ``Assistant Chief Counsel, Enforcement, the Assistant
Chief Counsel, Regulations, the Assistant Chief Counsel, Europe,
Africa, and Middle East Area Office, each Regional Counsel, the
Aeronautical Center Counsel, and the Technical Center Counsel''
wherever they appear.
Sec. 13.17 [Amended]
13. Section 13.17 is amended in paragraph (d) by removing the words
``Assistant Chief Counsel of the region, in which'' and adding, in
their place, the words ``the Regional Counsel or Assistant Chief
Counsel for the region or area in which''; by removing the comma
immediately after the word ``region'', and by inserting commas
immediately after the words ``Chief Counsel'' and immediately after the
words ``under this section''.
14. Section 13.17 is amended in paragraph (e)(3) by removing the
word ``or'' after ``the Chief Counsel'' and adding, in their place, the
words ``, the Regional Counsel, or''.
Sec. 13.19 [Amended]
15. Section 13.19 is amended in paragraph (b) by removing the words
``Assistant Chief Counsel for Regulations and Enforcement, and the
Assistant Chief Counsel for the region or the Aeronautical Center'' and
adding, in their place, the words ``Assistant Chief Counsel,
Enforcement, the Assistant Chief Counsel, Regulations, the Assistant
Chief Counsel, Europe, Africa, and Middle East Area Office, each
Regional Counsel, and the Aeronautical Center Counsel''; and by
removing the words ``Assistant Chief Counsel for the Aeronautical
Center or for the region'' and adding in their place, the words ``each
Regional Counsel, the Aeronautical Center Counsel, and the Assistant
Chief Counsel, Europe, Africa, and Middle East Area Office''.
16. Section 13.19 is amended in paragraph (c) by removing the words
``Assistant Chief Counsel for Regulations and Enforcement, the
Assistant Chief Counsel for the region or the Assistant Chief Counsel
for the Aeronautical Center'' and adding, in their place, the words
``Assistant Chief Counsel, Enforcement, the Assistant Chief Counsel,
Regulations, the Assistant Chief Counsel, Europe, Africa, and Middle
East Area Office, each Regional Counsel, or the Aeronautical Center
Counsel''.
Sec. 13.20 [Amended]
17. Section 13.20 is amended in paragraph (l) by removing the words
``and the Assistant Chief Counsel for the region or the Aeronautical
Center (as to matters under Title V of the Federal Aviation Act of
1958)'' and adding, in their place, the words ``, each Regional
Counsel, and the Aeronautical Center Counsel (as to matters under Title
V of the Federal Aviation Act of 1958)''.
[[Page 46866]]
Sec. 13.21 [Amended]
18. Section 13.21 is amended by removing the words ``Assistant
Chief Counsel for Regulations and Enforcement, or the Assistant Chief
Counsel for the region or the Aeronautical Center concerned'' and
adding, in their place, the words ``Assistant Chief Counsel,
Enforcement, the Assistant Chief Counsel, Regulations, the Assistant
Chief Counsel, Europe, Africa, and Middle East Area Office, each
Regional Counsel, and the Aeronautical Center Counsel''.
Sec. 13.23 [Amended]
19. Section 13.23 is amended in paragraph (b) by removing the words
``or the Assistant Chief Counsel for the region concerned'' and adding,
in their place, the words ``or the Regional Counsel or Assistant Chief
Counsel for the region or area concerned''.
Sec. 13.25 [Amended]
20. Section 13.25 is amended in paragraph (a) by removing the words
``Assistant Chief Counsel for Regulations and Enforcement the Assistant
Chief Counsel for the region concerned, or the Assistant Chief Counsel
for the Aeronautical Center'' and adding, in their place, the words
``Assistant Chief Counsel, Enforcement, the Assistant Chief Counsel,
Regulations, the Assistant Chief Counsel, Europe, Africa, and Middle
East Area Office, each Regional Counsel, and the Aeronautical Center
Counsel''.
21. Section 13.25 is amended in paragraph (b) by removing the words
``Assistant Chief Counsel for Regulations and Enforcement the Assistant
Chief Counsel for the region concerned'' and adding, in their place,
the words ``Assistant Chief Counsel, Enforcement, the Assistant Chief
Counsel, Regulations, the Assistant Chief Counsel, Europe, Africa, and
Middle East Area Office, each Regional Counsel, and the Aeronautical
Center Counsel''.
Sec. 13.71 [Amended]
22. Section 13.71 is amended by removing the words ``Assistant
Chief Counsel for Regulations and Enforcement, or the Assistant Chief
Counsel for the region concerned'' and adding, in their place, the
words ``Assistant Chief Counsel, Enforcement, the Assistant Chief
Counsel, Europe, Africa, and Middle East Area Office, or a Regional
Counsel''.
Sec. 13.73 [Amended]
23. Section 13.73 is amended by removing the words ``Assistant
Chief Counsel for Regulations and Enforcement, or the Assistant Chief
Counsel for the region concerned'' and adding, in their place, the
words ``Assistant Chief Counsel, Enforcement, the Assistant Chief
Counsel, Europe, Africa, and Middle East Area Office, or a Regional
Counsel''.
Sec. 13.81 [Amended]
24. Section 13.81 is amended in paragraph (a) introductory text by
removing the words ``Assistant Chief Counsel for Regulations and
Enforcement, or the Assistant Chief Counsel for the region concerned''
and adding, in their place, the words ``Assistant Chief Counsel,
Enforcement, the Assistant Chief Counsel, Europe, Africa, and Middle
East Area Office, or a Regional Counsel''.
Sec. 13.202 [Amended]
25. Section 13.202 is amended in the definition of ``Agency
attorney'' by removing the words ``the Assistant Chief Counsel for
Regulations and Enforcement, the Assistant Chief Counsel for a region
or center, or an attorney on the staff of the Assistant Chief Counsel
for Regulations and Enforcement, the Assistant Chief Counsel for a
region or center'' and adding, in their place, the words ``the
Assistant Chief Counsel, Enforcement, the Assistant Chief Counsel,
Regulations, the Assistant Chief Counsel, Europe, Africa, and Middle
East Area Office, each Regional Counsel, the Aeronautical Center
Counsel, or the Technical Center Counsel, or an attorney on the staff
of the Assistant Chief Counsel, Enforcement, the Assistant Chief
Counsel, Regulations, the Assistant Chief Counsel, Europe, Africa, and
Middle East Area Office, each Regional Counsel, the Aeronautical Center
Counsel, or the Technical Center Counsel.''
PART 15--ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT
26. The authority citation for part 15 continues to read as
follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 2672, 2675; 49 U.S.C. 106(g),
40113, 44721.
27. Section 15.3 is amended by revising paragraph (b) to read as
follows:
Sec. 15.3 Administrative claim, when presented; appropriate office.
* * * * *
(b) Claims shall be delivered or mailed to the Assistant Chief
Counsel, Litigation Division, AGC-400, Federal Aviation Administration,
800 Independence Avenue, SW., Washington, DC 20591, or alternatively,
may be mailed or delivered to the Regional Counsel in any of the FAA
Regional Offices or the Assistant Chief Counsel, Europe, Africa, and
Middle East Area Office.
* * * * *
PART 185--TESTIMONY BY EMPLOYEES AND PRODUCTION OF RECORDS IN LEGAL
PROCEEDINGS, AND SERVICE OF LEGAL PROCESS AND PLEADINGS
28. The authority citation for part 185 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113-40114, 46104; 49 CFR part 9.
Sec. 185.5 [Amended]
29. Section 185.5 is amended by removing the words ``each Assistant
Chief Counsel'' and adding, in their place, the words ``each Assistant
Chief Counsel, each Regional Counsel''; and by removing the words
``Assistant Chief Counsel for the Aeronautical Center'' and adding, in
their place, the words, ``Aeronautical Center Counsel''; and by
removing the words ``Assistant Chief Counsel for the Technical Center''
and adding, in their place, the words ``Technical Center Counsel''; and
by removing the words ``his respective jurisdiction'' and adding, in
their place, the words ``their respective jurisdictions''.
Issued in Washington, DC on August 25, 1997.
Jane F. Garvey,
Administrator.
[FR Doc. 97-23376 Filed 9-3-97; 8:45 am]
BILLING CODE 4910-13-M
