[Federal Register: March 21, 2005 (Volume 70, Number 53)]
[Rules and Regulations]
[Page 13345]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21mr05-2]
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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.
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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]
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