70460 Federal Register / Vol. 71, No. 233 / Tuesday, December 5, 2006 / Rules and Regulations 

§ 901.950 Federal agency (Department of 

Energy supplement to government-wide 

definition at 2 CFR 180.950). 

DOE means the U.S. Department of 

Energy, including the NNSA. 

NNSA means the National Nuclear 

Security Administration. 

§ 901.1010 Suspending official 

(Department of Energy supplement to 

government-wide definition at 2 CFR 

180.1010). 

The suspending official for the 

Department of Energy, exclusive of 

NNSA, is the Director, Office of 

Procurement and Assistance 

Management, DOE. The suspending 

official for NNSA is the Director, Office 

of Acquisition and Supply Management, 

NNSA. 

Subpart J—[Reserved] 

Title 10—Energy 

Chapter II, Subchapter H 

PART 600—FINANCIAL ASSISTANCE 

RULES 

■ 2. The authority citation for part 600 

continues to read as follows: 

Authority: 42 U.S.C. 7101 et seq.; 31 U.S.C. 

6301–6308; 50 U.S.C. 2401 et seq., unless 

otherwise noted. 

§ 600.23 [Amended] 

■ 3. Section 600.23 of subpart A is 

amended by removing ‘‘10 CFR part 

1036’’ and adding ‘‘2 CFR part 901’’ in 

lieu thereof. 

PART 606—GOVERNMENTWIDE 

DEBARMENT AND SUSPENSION 

(NONPROCUREMENT) 

■ 4. Remove part 606. 

[FR Doc. E6–20518 Filed 12–4–06; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 13 

[Docket No. FAA–2006–26477] 

Rules of Practice in FAA Civil Penalty 

Actions 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: We are amending the 

procedural regulations governing the 

FAA’s administrative assessment of 

civil penalties for violations of certain 

provisions of the Federal aviation 

statute and the Federal hazardous 

materials. We are also amending the 

FAA’s procedural regulations governing 

non-civil penalty enforcement matters. 

These change are necessary to update 

the regulations and to reflect statutory 

changes. The intended effect of these 

changes is to ensure that regulated 

parties have current and correct 

procedural information. 

DATES: This rule is effective on 

December 5, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Vicki Sherman Leemon, Office of the 

Chief Counsel, Adjudication Branch, 

AGC–439, 800 Independence Avenue, 

SW., Washington, DC 20591; telephone 

202/385–8227. 

SUPPLEMENTARY INFORMATION: 

Background 

The Administrator of the FAA may 

impose a civil penalty not exceeding 

specified amounts on a person, other 

than an individual acting as a pilot, 

flight engineer, mechanic or repairman, 

only after notice and an opportunity for 

hearing on the record under 49 U.S.C. 

46301(d)(7)(A). The Administrator’s 

authority to assess civil penalties under 

49 U.S.C. 46301(d) extends only to civil 

penalties that do not exceed the 

maximum amounts specified in 49 

U.S.C. 46301(d)(8) as follows: 

(a) $50,000, if the violation was 

committed by a person before December 

12, 2003 (the date of enactment of 

Vision 100—Century of Aviation 

Reauthorization Act); 

(b) $400,000 if the violation was 

committed by a person other than an 

individual or small business concern on 

or after December 12, 2003; 

(c) $50,000, if the violation was 

committed by an individual or small 

business concern on or after December 

12, 2003. 

To implement this civil penalty 

assessment authority, we issued 

procedural rules published at 14 CFR 

13,16 and 14 CFR Part 13, subpart G (14 

CFR 13.201–13.235). Section 13.16 of 

Part 13 includes the procedures we 

follow when notifying a person, other 

than an individual acting as a pilot, 

flight engineer, mechanic or repairman, 

about alleged violations and proposed 

civil penalties, and for that person to 

use to request a hearing before a 

Department of Transportation (DOT) 

administrative law judge. The hearing 

process is governed by the regulations 

included in 14 CFR 13.16 and 14 CFR 

part 13, subpart G. Under these rules, 

the Administrator, acting in her capacity 

as the FAA decisionmaker, resolves any 

appeals of initial decisions rendered by 

an administrative law judge. See 14 CFR 

13.16(j), 13.202 (definition of FAA 

decisionmaker), and 13.233(j). 

We use 14 CFR 13.16 and 14 CFR Part 

13, subpart G when assessing civil 

penalties not exceeding 49 U.S.C. 

46301(d)(8)’s limits for violations 

arising from many different provisions 

of the Federal aviation statute. 

Specifically, we use these regulations 

when assessing civil penalties for 

violations of statutory provisions listed 

in the first sentence of 49 U.S.C. 

46301(d)(2) or any of their 

implementing regulations. Under the 

first sentence of 49 U.S.C. 46301(d)(2), 

the Administrator may impose a civil 

penalty for violations of the following 

statutory provisions of any regulations 

implementing those provisions: 

(a) Chapter 401 (except sections 

40103(a) and (d), 40105, 40106(b), 

40116, and 40117) of Title 49; 

(b) Chapter 441 (except section 44109) 

of Title 49; 

(c) Sections 44502(b) and (c) of Title 

49; 

(d) Chapter 447 (except sections 

44717 and 44719–44723) of Title 49; 

(e) Section 46301(b) of Title 49; 

(f) Section 46302 (for a violation 

relating to section 46504) of Title 49; 

(g) Section 46318 of Title 49; 

(h) Section 47107(b) of Title 49. 

Many of the statutory provisions 

listed in the first sentence of 49 U.S.C. 

56301(d)(2) are aviation safety-related. 

See e.g., 49 U.S.C. chapter 447, entitled 

‘‘Safety Regulation,’’ and 49 U.S.C. 

46301(b) prohibiting tampering with 

smoke detectors; but see e.g., 49 U.S.C. 

47107(b) conditioning the approval of 

airport development grant applications 

upon the receipt by the FAA of written 

assurances that local taxes on aviation 

fuel and public airport revenues will 

only be expended for certain purposes. 

The procedural rules in 14 CFR 13.16 

and 14 CFR part 13, subpart G, also 

apply when we asses a civil penalty not 

exceeding 49 U.S.C. 46301(d)(8)s’ limits 

for violations of certain statutory 

provisions of the Federal aviation 

statute, or their implementing 

regulations, not listed in the first 

sentence of 49 U.S.C. 46301(d)(2). 

Persons who violate 49 U.S.C. 47528, 

47529 or 47530, or any regulation issued 

under those sections, are subject to a 

civil penalty. Sections 47528 through 

47530 of Title 49 prohibit the operation 

of certain aircraft when those aircraft do 

not comply with the Stage 3 noise levels 

(see 14 CFR part 91, subpart I). Section 

47531 of Title 49 provides that a person 

violating one of those statutory 

provisions or implementing regulations 

is subject to the same civil penalty 

amounts and procedures under chapter 


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463 as a person violating section 

44701(a) or (b) or any of sections 44702–

44716 (which are listed in 49 U.S.C. 

46301(D)(2)). When assessing civil 

penalties that do not exceed 49 U.S.C. 

46301(d)(8)’s limitations, for violations 

of 49 U.S.C. 47528, 47529 or 47530, we 

use the procedures for notice and 

opportunity for a hearing on the record 

provided in 14 CFR 13.16 and 14 CFR 

part 13, subpart G. 

In addition, under the Federal 

hazardous materials transportation 

statute, 49 U.S.C. 5123, and 49 CFR 

1.47(k), the Administrator may assess a 

civil penalty against any person who 

knowingly violates the Federal 

hazardous materials transportation 

statute, 49 U.S.C. chapter 51, or any of 

its implementing regulations. Section 

5123 of Title 49 does not limit the total 

civil penalty that the Administrator may 

assess for violations of the Federal 

hazardous materials transportation 

statute or its implementing regulations. 

The limitations set forth in 49 U.S.C. 

46301(d)(8) do not apply in hazardous 

materials cases when the Administrator 

initiates civil penalty actions under the 

Federal hazardous materials 

transportation statute, 49 U.S.C. 5123, 

and 14 CFR 1.47(k). We use 14 CFR 

13.16 and 14 CFR part 13, subpart G, 

when assessing civil penalties in cases 

involving the transportation of 

hazardous materials by air. 

The FAA also issues enforcement 

orders that do not assess civil penalties. 

For example, we issue cease and desist 

orders under 14 CFR 13.20, and orders 

of compliance under 14 CFR 13.71–

13.87. Requests for hearing from these 

proposed orders are filed in the Hearing 

Docket. The procedural rules in 14 CFR 

part 13, subpart D govern proceedings in 

these cases, in which requests for 

hearing are filed under 14 CFR 

13.19(c)(5), 13.20(c), 13.20(d), 

13.75(a)(2), 13.75(b) or 13.81(e). 

This Rulemaking 

1. We are updating 14 CFR 13.16 and 

14 CFR part 13, subpart G in this 

rulemaking as follows. 

a. The Applicability of 14 CFR 13.16 

and 14 CFR part 13, subpart G. 

In October 2004, we amended the 

civil penalty assessment procedure in 

14 CFR part 13, including 14 CFR 13.16 

and 14 CFR part 13, subpart G. 69 FR 

59490, October 4, 2004. We explained in 

the preamble that we were amending 

section 13.16 to update the list of 

statutory provisions authorizing the 

FAA to assess civil penalties. 69 FR at 

59493. We revised section 13.16 when 

assessing ‘‘a civil penalty against a 

person other than an individual acting 

as a pilot, flight engineer, mechanic or 

repairman for a violation cited in 49 

U.S.C. 46301(d)(2) or 47531.’’ 69 FR at 

59493 and 59496. We added a new 

section 13.16(c) for the administrative 

assessment of civil penalties against all 

persons for violations of 49 U.S.C. 

chapter 51, the Federal hazardous 

materials transportation statute. Further, 

we amended 14 CFR 13.201(a) to 

explain that 14 CFR part 13, subpart G 

applies to all civil penalty actions 

initiated under 14 CFR 13.16 in which 

a person requests a hearing. 

The revision of section 13.16(a)—

regarding the use of 14 CFR 13.16’s 

procedures in civil penalty actions for 

violations cited in 49 U.S.C. 46301(d)(2) 

or 47531—appeared in the 2005 volume 

of the Code of Federal Regulations. 

However, the phrase ‘‘or 47531’’ did not 

appear in section 13.16(a) when the 

2006 volume of the Code of Federal 

Regulations was printed. We reiterate 

here that we use the procedures in 14 

CFR 13.16 (and 14 CFR part 13, subpart 

G when a hearing is requested) when 

assessing civil penalties for violations of 

the statutory provisions cited in 49 

U.S.C. 47531 or of any implementing 

rules, regulations or orders. 

We are also amending section 

13.16(a), as well as certain regulations 

in subpart G, to clarify that we use the 

procedures set forth in section 14 CFR 

13.16 and part 13, subpart G, for 

violations of provisions of the Federal 

aviation statute listed in the first 

sentence of 49 U.S.C. 46301(d). The first 

sentence of 49 U.S.C. 46301(d)(2) 

authorizes the FAA Administrator to 

assess civil penalties for violations 

offering provisions of the Federal 

aviation statute. The second sentence 

sets forth the civil penalty assessment 

authority of the Secretary of Homeland 

Security. 

b. Judicial review of final agency 

orders assessing a civil penalty for 

violations of the Federal aviation 

statute, the Federal hazardous materials 

transportation law, or any implementing 

rules, regulations or orders. 

Judicial review of final agency orders 

assessing civil penalties for violations of 

the Federal aviation statute and its 

implementing regulations is available in 

the appropriate Federal court of appeals 

under 49 U.S.C. 46110. Under 49 U.S.C. 

46110, a person affected by an order 

issued by the Administrator of the FAA 

under part A or part B, or section 114(l) 

or (s) of the Federal aviation statute, 

may file a petition for review of that 

order in the United States Court of 

Appeals for the District of Columbia 

Circuit or in the United States court of 

appeals for the circuit in which the 

person resides or has that person’s 

principal place of business. Under 49 

U.S.C. 46110(a), the petition for review 

must be filed not later than 60 days after 

the issuance of the order, unless a 

Federal court finds that reasonable 

grounds exist for the late-filing. 

Judicial review of civil penalty orders 

issued under the Federal aviation 

statute is also provided under the 

following: 

• 49 U.S.C. 46301(d)(7)(D)(iii) 

providing that judicial review of any 

order assessing a civil penalty for a 

violation of 49 U.S.C. 47107(b) or any 

grant assurance under that section for 

misuse of public airport revenues may 

be obtained only under 49 U.S.C. 46110; 

• 49 U.S.C. 46301(g) providing that 

‘‘[a]n order of the * * * Administrator 

imposing a civil penalty may be 

reviewed judicially only under section 

46110 of this title.’’

• 49 U.S.C. 47532 (and 49 CFR 

1.47(s)) providing that an action taken 

by the Administrator under 49 U.S.C. 

47528, 47529 or 47530 regarding the 

operation of certain aircraft not in 

compliance with stage 3 noise levels is 

subject to judicial review as provided 

under 49 U.S.C. 46110. 

Before the enactment of the Safe, 

Accountable, Flexible, Efficient 

Transportation Act: A Legacy for Users 

(SAFETEA–LU) in 2005, the Federal 

hazardous materials transportation law, 

49 U.S.C. chapter 51, was silent on the 

issue of judicial review of an order 

assessing a civil penalty. As a result, 

final agency orders assessing civil 

penalties in cases involving the 

transportation by air of hazardous 

materials were subject to review in the 

appropriate United States district court 

under 5 U.S.C. 701, et seq., and 28 

U.S.C. 1331. 

SAFETEA–LU added a new section 

5127 to the Federal hazardous materials 

transportation statute, 49 U.S.C. 5127, 

pertaining specifically to judicial review 

of final orders. Section 5127 of Title 49 

now provides that a person aggrieved by 

a final agency action involving the 

transportation of hazardous materials 

may file a petition for review in the 

United States Court of Appeals for the 

District of Columbia Circuit or in the 

court of appeals of the United States in 

the circuit which the party resides or 

has the party’s principal place of 

business. Thus, under SAFETEA–LU, 

persons aggrieved by a final order 

issued by the Administrator arising from 

the transportation by air of a hazardous 

materials may petition the appropriate 

Federal court of appeals for review. 

Under the new 49 U.S.C. 5127, a 

petitioner must file the petition for 

review no later than 60 days after the 

action ‘‘becomes final.’’ 49 U.S.C. 5127 

(emphasis added.) Decisions and orders 


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70462 Federal Register / Vol. 71, No. 233 / Tuesday, December 5, 2006 / Rules and Regulations 

in hazardous materials cases issued by 

the Administrator under 14 CFR 

13.233(j)(2) (on appeal to the 

Administrator from a decision of an 

administrative law judge) and under 14 

CFR 13.234(g) (on petition for 

reconsideration, rehearing or 

modification), are final when they are 

served. Therefore, a person filing a 

petition for review of an order issued 

under 14 CFR 13.233(j)(2) or 13.234(g) 

in a civil penalty case involving the 

transportation of hazardous materials 

must do so no later than 60 days after 

the Administration’s decision is served. 

(See 14 CFR 13.235.) 

Judicial review in civil penalty cases 

is discussed in the Federal Aviation 

Regulations at 14 CFR 13.16 and 13.235. 

Currently, section 13.16(m)(1) provides 

that a party may file a petition for 

review of a final agency order in cases 

under the Federal aviation statute in the 

appropriate United States court of 

appeals under 49 U.S.C. 46110(a), 

46301(d)(6) and 46301(g). Section 

13.16(m)(2) provides that in cases under 

the Federal hazardous materials 

transportation law, a party may seek 

judicial review of a final agency order 

in an appropriate United States district 

court under 5 U.S.C. 703 and 704 and 

28 U.S.C. 1331. 

Section 13.235 of the Federal Aviation 

Regulations also deals with the issue of 

judicial review of a final agency 

decision in civil penalty cases. Unlike 

14 CFR 13.16(m), section 13.235 does 

not distinguish between cases arising 

under the Federal aviation statute and 

cases arising under the Federal 

hazardous materials transportation 

statute. It is stated in 14 CFR 13.235: ‘‘A 

person may seek judicial review of a 

final decision and order of the 

Administrator as provided in section 

1006 of the Federal Aviation Act of 

1958, as amended [currently 49 U.S.C. 

46110].’’ Currently, section 13.235 does 

not include references to sections 5127, 

46301(d)(7)(D)(iii), 46301(g), or 47532 of 

Title 49, which also provide for judicial 

review of final agency orders involving 

certain violations of the Federal 

hazardous materials transportation 

statute and the Federal aviation statute. 

We are amending 14 CFR 13.16(m) 

and 14 CFR 13.235 to incorporate 

SAFETEA–LU’s changes regarding 

judicial review of final agency decisions 

in hazardous materials cases, as now set 

forth in 49 U.S.C. 5127, as well as to 

include references to other statutory 

provisions for judicial review. In this 

rulemaking, we are dividing section 

13.235 into four paragraphs for the sake 

of clarity. New paragraph (a) provides 

that in cases under the Federal aviation 

statute, a party may seek judicial review 

of a final decision and order of the 

Administrator, as provided in 49 U.S.C. 

46110(a), and as applicable, in 49 U.S.C. 

46301(d)(7)(D)(iii), 46301(g), or 47532. 

New paragraph (b) explains that judicial 

review in cases under the Federal 

hazardous materials transportation 

statute is under 49 U.S.C. 5127. New 

paragraph (c) provides that parties 

seeking review of a final agency order 

may file a petition for review in the 

United States Court of Appeals for the 

District of Columbia Circuit or in the 

United States court of appeals for the 

circuit in which the party resides or has 

its principal place of business. New 

paragraph (d) explains that the party 

seeking review must file the petition for 

review no later than 60 days after 

service of the Administrator’s final 

decision and order. 

Since the passage of SAFETEA–LU, 

there is no need to divide 14 CFR 

13.16(m) into paragraphs (1) and (2) 

because review is now available in the 

appropriate Federal court of appeals for 

civil penalty orders arising from 

violations of the Federal aviation statute 

and the Federal hazardous materials 

transportation law. The new section 

13.16(m) provides that a party may seek 

judicial review of a final decision and 

order of the Administrator involving a 

violation of the Federal aviation statute 

or the Federal hazardous materials 

transportation law. It explains that 

review is in the United Court of Appeals 

for the District of Columbia Circuit or 

the courts of appeals of the United 

States for the circuit in which the party 

resides or has the party’s principal place 

of business. It refers the reader to 14 

CFR 13.235 for references to the 

provisions in Title 49 of the United 

States Code for judicial review. 

Currently, section 13.16(m)(1) cites 49 

U.S.C. 46301(d)(6), as well as 49 U.S.C. 

46110 and 46301(g), as authority for the 

availability of judicial review in an 

appropriate Federal court of appeals. 

Section 46301(d)(6) of Title 49 provides 

for judicial review of orders of the 

National Transportation Safety Board in 

civil penalty cases under 49 U.S.C. 

46301(d)(5) against individuals acting as 

pilots, flight engineers, mechanics or 

repairment. (See 14 CFR 13.18(h)). 

Section 13.16, however, deals with 

orders of the FAA Administrator in civil 

penalty proceedings against persons 

other than individuals acting as pilots, 

mechanics, flight engineers or 

repairmen. Consequently, we are not 

including a reference to 49 U.S.C. 

46301(d)(6) in the new 14 CFR 13.16(m) 

or in the amended section 13.235. 

We are amending the authority 

section of 14 CFR part 13 to include the 

statutory provisions added to Title 49 

regarding the transportation of 

hazardous materials by SAFETEA–LU. 

c. Current Hearing Docket Address. 

Last year, we amended 14 CFR, part 13, 

subpart G, to provide the new address 

of the FAA Hearing Docket. 70 FR 8236, 

February 18, 2005. Since publishing that 

notice, the offices in the Wilbur Wright 

Building, in which the Hearing Docket 

is now located, have been re-numbered. 

Under the current room number system, 

the Hearing Docket is located in Suite 

2W1000. We are updating the suite 

number for the Hearing Docket in this 

rulemaking. 

d. FAA Civil Penalty Adjudication 

Web site. Also, by notice published on 

February 18, 2005, we amended section 

13.210 by adding paragraph (e), which 

included information about the FAA 

civil penalty adjudication Web site. The 

FAA’s Web site recently has been 

revised. The FAA civil penalty 

adjucation Web site is now located at 

the following address: http://faa.gov/ 

about/office_org/headquarters_offices/ 

agc/pol_adjudication/AGC400/ 

Civil_Penalty. This technical 

amendment provides the current 

Internet address for the FAA civil 

penalty adjudication Web site, as well 

as more complete description of the 

information available on the Web site. 

e. Definition of Complaint. As defined 

in 14 CFR 13.202, a ‘‘complaint’’ is a 

document that is filed by the agency 

attorney after a hearing is requested 

under 14 CFR 13.16. In 2004, we 

redesignated the paragraphs in 14 CFR 

13.16 about requests for hearing as 14 

CFR 13.16(f)(3) and (g)(2)(ii). 69 FR at 

59496. Now, we are amending the 

definition of ‘‘complaint’’ in section 

13.202 to replace references to the 

former paragraph numbers about 

requests for hearing with the current 

citations, 14 CFR 13.16(f)(3) and 

(g)(2)(ii). 

f. Recodification of the FAA;s 

Governing Statute and the Hazardous 

Materials Transportation Act. In 1994, 

Congress recodified into positive law 

the Federal Aviation Act of 1958, as 

amended, the Hazardous Materials 

Transportation Act, and other pieces of 

transportation law. We amended the 

authority sections for the Federal 

Aviation Regulations, including Part 13, 

to reflect the recodification, by final rule 

published on December 28, 1995 (60 FR 

67254). Now, we are amending 14 CFR 

13.202 (definitions of ‘‘complaint’’ and 

‘‘order assessing civil penalty’’), 

13.218(f)(1), 13.219(a), 13.228(c), and 

13.235 to replace out-of-date statutory 

references with citations to the Federal 

aviation statute, and to the Federal 

hazardous materials transportation 

statute. 


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2. We are updating other sections of 

Part 13 of the Federal Aviation 

Regulations, as follows: 

a. Civil penalties, generally, under 14 

CFR 13.14. 

Section 13.14(a) of the Federal 

Aviation Regulations, 14 CFR 13.14(a) 

explains that a person who violates 

certain provisions of the Federal 

aviation statute or any implementing 

rule, regulation, or order, is subject to a 

civil penalty not exceeding the amount 

specified in 49 U.S.C. chapter 463 for 

each violation. Section 13.14(a) should 

include those sections listed in the first 

sentence of 49 U.S.C. 46301(d)(2) and in 

49 U.S.C. 47531. 

Currently, 14 CFR 13.14(a)(6) 

provides that a person is subject to a 

civil penalty for a violation of 49 U.S.C. 

46301(b), 46302, 46303, 46318 or 46319. 

Section 13.14(a)(6) needs revision in 

three respects. First, under 49 U.S.C. 

46301(d)(2), the Secretary of Homeland 

Security—not the Administrator of the 

FAA—has the authority to assess civil 

penalties for violations of 49 U.S.C. 

46303. Consequently, a reference to 49 

U.S.C. 46303 does not belong in 14 CFR 

13.14(a)(6). 

Second, under 49 U.S.C. 46319(c), a 

public agency is liable for a civil penalty 

of $10,000 for each day that an airport 

remains closed without having given the 

FAA the notice required under 49 

U.S.C. 46319(a). Congress, however, 

failed to specify in 49 U.S.C. 46301(d)(2) 

or anywhere else in the Federal aviation 

statute, that the Administrator has the 

authority to assess a penalty for 

violations of 49 U.S.C. 46319. As a 

result, a reference to 49 U.S.C. 46319 

should not be included in 14 CFR 

13.14(a)(6). In this rulemaking, we are 

deleting the reference to 49 U.S.C. 

46319. 

Third, the Administrator of the FAA 

has the authority to assess civil 

penalties for violations of 49 U.S.C. 

46302 for a violation relating to 49 

U.S.C. 46504, and the Secretary of 

Homeland Security has the authority to 

assess civil penalties for other violations 

of 49 U.S.C. 46302. For this reason, we 

are adding a parenthetical after ‘‘section 

46302’’ in 14 CFR 13.14(a)(6) as follows: 

‘‘(For a violation relating to 49 U.S.C. 

46504.)’’ As a result of these changes, 14 

CFR 13.14(a)(6), as amended by this 

rulemaking, will read: ‘‘Any person who 

violated any of the following statutory 

provisions, or any rule, regulation or 

order issued thereunder is subject to a 

civil penalty * * * (6) Sections 

46301(b), 46302 (for a violation relating 

to 49 U.S.C. 46504), or 46318.’’ We are 

also adding the parenthetical ‘‘(for a 

violation relating to 49 U.S.C. 46504)’’

after ‘‘49 U.S.C. 46302’’ in the statutory 

authority section of Part 13. 

The Administrator may assess a civil 

penalty for a violation of 49 U.S.C. 

47107(b) under the first sentence of 49 

U.S.C. 46301(d)(2). We inadvertently 

omitted 49 U.S.C. 47107(b) when we 

drafted 14 CFR 13.14. We are correcting 

that omission in this rulemaking by 

adding a new section 13.14(a)(7), 

regarding a violation of 49 U.S.C. 

47017(b). We are redesignating the 

current section 13.14(a)(7) as section 

13.14(a)(8). 

We also did not include 49 U.S.C. 

47107 in the authority section of Part 

13. We are correcting that oversight in 

this rulemaking. 

b. Providing the correct address for 

the Hearing Docket in the procedural 

rules in 14 CFR part 13, subpart D. 

Under Part 13 of the Federal Aviation 

Regulations, we also issue enforcement 

orders not involving the assessment of 

civil penalties. For example, under 14 

CFR 13.20, we issue cease and desist 

orders and orders of denial, and under 

14 CFR 13.71–13.87, we issue orders of 

compliance and orders of immediate 

compliance involving the transportation 

of hazardous materials by air. If a 

recipient of a proposed order (or an 

order of immediate compliance) 

requests a hearing under 14 CFR 

13.19(c)(5), 13.20(c), 13.20(d), 

13.75(a)(2), 13.75(b) or 13.81(e), the 

proceedings are governed by the rules 

contained in 14 CFR part 13, subpart D 

(14 CFR 13.31–13.63). 

In proceedings conducted under 14 

CFR part 13, subpart D, the parties 

should file documents, including the 

request for hearing and the pleadings, in 

the Hearing Docket. See 14 CFR 13.35 

and 13.43. The address of the Hearing 

Docket is provided in 14 CFR 13.35, 

which is the rule pertaining to requests 

for hearing. Section 13.35 sets forth the 

Hearing Docket’s old address. The 

Hearing Docket’s current street address 

is as follows: Federal Aviation 

Administration, 600 Independence 

Avenue, SW., Wilbur Wright Building—

Suite 2W1000, Washington, DC 20591; 

Attention: Hearing Docket Clerk, AGC–

430. When a party hand-delivers or 

sends documents by commercial 

expedited courier (e.g., Federal Express 

or United Parcel Service), the party 

should use the street address. 

The Wilbur Wright Building, in which 

the Hearing Docket is located, does not 

have a mailroom. Documents delivered 

by the U.S. Postal System must be sent 

to, and processed by, the mailroom 

located in the FAA headquarters 

building, at 800 Independence Avenue, 

SW. When sending documents to the 

Hearing Docket by U.S. mail or U.S. 

certified mail, the following mailing 

address should be used (instead of the 

street address): Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

Attention: Hearing Docket Clerk, AGC–

430, Wilbur Wright Building—Suite 

2W1000. We are amending 14 CFR 

13.35 to include the correct street and 

mailing addresses for the Hearing 

Docket. 

Procedure Matters 

In general, under the Administrative 

Procedure Act, 5 U.S.C. 553, 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. The public 

interest is served by revising section 

13.16 and section 13.235 immediately to 

inform parties in hazardous materials 

civil penalty cases of the availability of 

judicial review in the appropriate 

Federal court of appeals under 

SAFETEA–LU. It is in the public 

interest that the revisions to 14 CFR 

13.35 and 13.210 take effect promptly so 

that parties filing documents in 

proceedings under either subpart D or 

subpart G of part 13 of the Federal 

Aviation Regulations use the Hearing 

Docket’s correct street or mailing 

address. Also, it is in he public interest 

that the Rules of Practice correctly state 

the Internet address for the FAA civil 

penalty adjudication Web site. The 

editorial amendments to bring the 

citations to the Federal Aviation Act of 

1958, as amended, and to the Hazardous 

Materials Transportation Act into 

conformity with the recodification of 

the transportation laws and Part 13’s 

revised authority citation will be helpful 

to the public and do not warrant notice 

and comment. 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 

■ Accordingly, the Federal Aviation 

Administration amends part 13 of the 

Federal Aviation Regulations as follows: 


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70464 Federal Register / Vol. 71, No. 233 / Tuesday, December 5, 2006 / Rules and Regulations 

PART 13—INVESTIGATIVE AND 

ENFORCEMENT PROCEDURES 

■ 1. Revise the authority citation for part 

13 to read as follows: 

Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 

(note); 49 U.S.C. 106(g), 5121–5128, 40113–

40114, 44103–44106, 44702–44703, 44709–

44710, 44713, 46101–46111, 46301, 46302 

(for a violation of 49 U.S.C. 46504), 46304–

46316, 46318, 46501–46502, 46504–46507, 

47106, 47107, 47111, 47122, 47306, 47531–

47532; 49 CFR 1.47. 

■ 2. Amend § 13.14 by revising 

§ 13.14(a)(6), redesignating the current 

§ 13.14(a)(7) as new § 13.14(a)(8), and 

adding a new § 13.14(a)(7), to read as 

follows: 

§ 13.14 Civil penalties: General. 

(a) * * * 

(6) Sections 46301(b), 46302 (for a 

violation of 49 U.S.C. 46504), or 46318; 

(7) Section 47107(b); or 

* * * * * 

■ 3. Revise § 13.16(a) and § 13.16(m) to 

read as follows: 

§ 13.16 Civil Penalties: Administrative 

assessment against a person other than an 

individual acting as a pilot, flight engineer, 

mechanic, or repairman. Administrative 

assessment against all persons for 

hazardous materials violations. 

(a) The FAA uses these procedures 

when it assesses a civil penalty against 

a person other than an individual acting 

as a pilot, flight engineer, mechanic, or 

repairman for a violation cited in the 

first sentence of 49 U.S.C. 46301(d)(2) or 

in 49 U.S.C. 47531, or any 

implementing rule, regulation or order. 

* * * * * 

(m) A party may seek review only of 

a final decision and order of the FAA 

decisionmaker involving a violation of 

the Federal aviation statute or the 

Federal hazardous materials 

transportation law. Judicial review is in 

the United States Court of Appeals for 

the District of Columbia Circuit or the 

United States court of appeals for the 

circuit in which the party resides or has 

the party’s principal place of business as 

provided in § 13.235 of this part. 

Neither an initial decision or an order 

issued by an administrative law judge 

that has not been appealed to the FAA 

decisionmaker, nor an order 

compromising a civil penalty action, 

may be appealed under any of those 

sections. 

* * * * * 

■ 4. Amend § 13.35 by revising 

paragraph (a), redesignating current 

paragraphs (b) and (c) as (c) and (d), and 

adding a new paragraph (b), to read as 

follows: 

§ 13.35 Request for hearing. 

(a) A request for hearing must be 

made in writing and filed in the Hearing 

Docket. 

(1) If delivery is in person, or by 

expedited courier service. A person 

delivering the request for hearing in 

person or sending the request for 

hearing by commercial expedited 

courier (for example, Federal Express or 

United Parcel Service), should use the 

following address: Federal Aviation 

Administration, 600 Independence 

Avenue, SW., Wilbur Wright Building—

Suite 2W1000, Washington, DC 20591; 

Attention: Hearing Docket Clerk, AGC–

430. 

(2) If delivery is by U.S. Mail: If the 

request for hearing is sent by U.S. Mail, 

then it should be addressed as follows: 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591: Attention: 

Hearing Docket Clerk, AGC–430, Wilbur 

Wright Building—Suite 2W1000. 

(b) The request for hearing must 

describe the action proposed by the 

FAA, and must contain a statement that 

a hearing is requested. A copy of the 

request for hearing and a copy of the 

answer required by paragraph (c) of this 

section must be served on the official 

who issued the notice of proposed 

action. 

* * * * * 

■ 5. Amend § 13.202 by revising the 

definition of ‘‘complaint’’ and the first 

sentence of the definition of ‘‘order 

assessing civil penalty’’ to read as 

follows: 

§ 13.202 Definitions 

* * * * * 

Complaint means a document issued 

by an agency attorney alleging a 

violation of a provision of the Federal 

aviation statute listed in the first 

sentence of 49 U.S.C. 46301(d)(2) or in 

49 U.S.C. 47531, or of the Federal 

hazardous materials transportation 

statute, 49 U.S.C. 5121–5128, or a rule, 

regulation, or order issued under those 

statutes, that has been filed with the 

Hearing Docket after a hearing has been 

requested under § 13.16(f)(3) or (g)(2)(ii) 

of this part. 

* * * * * 

Order assessing civil penalty means a 

document that contains a finding of a 

violation of a provision of the Federal 

aviation statute listed in the first 

sentence of 49 U.S.C. 46301(d)(2) or in 

49 U.S.C. 47531, or of the Federal 

hazardous materials transportation 

statute, 49 U.S.C. 5121–5128, or a rule, 

regulation or order issued under those 

statutes, and may direct payment of a 

civil penalty. * * * 

* * * * * 

■ 6. Amend § 13.210 by revising 

paragraphs (a)(1) and (2) and (e)(2) to 

read as follows: 

§ 13.210 Filing of documents. 

(a) * * * 

(1) If delivery is in person, or via 

expedited courier service: Federal 

Aviation Administration, 600 

Independence Avenue, SW., Wilbur 

Wright Building—Suite 2W1000, 

Washington, DC 20591; Attention: 

Hearing Docket Clerk, AGC–430. 

(2) If delivery is via U.S. Mail: Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; Attention: 

Hearing Docket Clerk, AGC–430, Wilbur 

Wright Building—Suite 2W1000. 

* * * * * 

(e) * * * 

(2) Decisions and orders issued by the 

Administrator in civil penalty cases, 

indexes of decisions, contact 

information for the FAA Hearing 

Docket, and the administrative law 

judges, the rules of practice, and other 

information is available on the FAA 

civil penalty adjudication Web site at: 

http://faa.gov/about/office_org/ 

headquarters_ offices/agc/ 

pol_adjudication/AGC400/ 

Civil_Penalty. 

■ 7. Amend § 13.218 by revising the 

third sentence of paragraph (f)(1) to read 

as follows: 

§ 13.218 Motions. 

* * * * * 

(f) * * * 

(1) * * * A motion to dismiss the 

complaint for insufficiency must show 

that the complaint fails to state a 

violation of a provision of the Federal 

aviation statute listed in the first 

sentence in 49 U.S.C. 46301(d)(2) or in 

49 U.S.C. 47531, or any implementing 

rule, regulation, or order, or a violation 

of the Federal hazardous materials 

transportation statute, 49 U.S.C. 5121–

5128, or any implementing rule, 

regulation or order. 

■ 8. Amend § 13.219 by revising the 

second sentence of paragraph (a) to read 

as follows: 

§ 13.219 Interlocutory appeals. 

(a) * * * A decision or order of the 

FAA decisionmaker on the interlocutory 

appeal does not constitute a final order 

of the Administrator for the purposes of 

judicial appellate review as provided in 

§ 13.235 of this subpart. 

* * * * * 


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Federal Register / Vol. 71, No. 233 / Tuesday, December 5, 2006 / Rules and Regulations 70465 

■ 9. Revise § 13.228(c) to read as 

follows: 

§ 13.228 Subpoenas. 

* * * * * 

(c) Enforcement of subpoena. Upon a 

showing that a person has failed or 

refused to comply with a subpoena, a 

party may apply to the local federal 

district court to seek judicial 

enforcement of the subpoena in 

accordance with 49 U.S.C. 46104 in 

cases under the Federal aviation statute. 

■ 10. Revise § 13.235 to read as follows: 

§ 13.235 Judicial review of a final decision 

and order. 

(a) In cases under the Federal aviation 

statute, a party may seek judicial review 

of a final decision and order of the 

Administrator, as provided in 49 U.S.C. 

46110(a), and, as applicable, in 49 

U.S.C. 46301(d)(7)(D)(iii), 46301(g), or 

47532. 

(b) In cases under the Federal 

hazardous materials transportation 

statute, a party may seek judicial review 

of a final decision and order of the 

Administrator, as provided in 49 U.S.C. 

5127. 

(c) A party seeking judicial review of 

a final order issued by the 

Administrator may file a petition for 

review in the United States Court of 

Appeals for the District of Columbia 

Circuit or in the United States Court of 

Appeals for the circuit in which the 

party resides or has its principal place 

of business. 

(d) The party must file the petition for 

review no later than 60 days after 

service of the Administrator’s final 

decision and order. 

Issued in Washington, DC, on November 

28, 2006. 

Rebecca MacPherson, 

Assistant Chief Counsel for Regulations. 

[FR Doc. 06–9508 Filed 12–4–06; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2006–25038; Airspace 

Docket No. 06–ANM–4] 

Revision of Class E Airspace; 

Sheridan, WY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will revise the 

Class E airspace at Sheridan, WY. 

Additional controlled airspace is 

necessary to accommodate aircraft 

executing a new Area Navigation 

(RNAV) Global Positioning System 

(GPS) approach procedure at Sheridan 

County Airport. This action will 

improve the safety of Instrument Flight 

Rules (IFR) aircraft executing this new 

procedure at Sheridan County Airport, 

Sheridan, WY. 

DATES: Effective Date: 0901 UTC, March 

15, 2007. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: Ed 

Haeseker, Federal Aviation 

Administration, Western En Route and 

Oceanic Area Office, Airspace Branch, 

1601 Lind Avenue, SW., Renton, WA 

98055–4056; telephone (425) 227–2527. 

SUPPLEMENTARY INFORMATION: 

History 

On August 25, 2006, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to revise 

Class E airspace at Sheridan, WY, (71 

FR 50376). This action would improve 

the safety of Instrument Flight Rules 

(IFR) aircraft executing this new RNAV 

GPS approach procedure at Sheridan 

County Airport, Sheridan, WY. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. The NPRM described the 

Wenz NDB bearings ‘‘to’’ the facility 

instead of ‘‘from’’ the facility, which is 

standard practice. This rule makes an 

editorial change to describe the bearings 

‘‘from’’ the NDB. Except for this 

editorial change, this rule is the same as 

proposed in the NPRM. 

Class E airspace designations are 

published in paragraph 6002 and 6005 

of FAA Order 7400.9P dated September 

1, 2006, and effective September 15, 

2006, which is incorporated by 

reference in 14 CFR part 71.1. The Class 

E airspace designations listed in this 

document will be published 

subsequently in that Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

revising Class E airspace at Sheridan, 

WY. Additional controlled airspace is 

necessary to accommodate IFR aircraft 

executing a new RNAV (GPS) approach 

procedure at Sheridan County Airport, 

Sheridan, WY. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR part 71.1 of the Federal Aviation 

Administration Order 7400.9P, Airspace 

Designations and Reporting Points, 

dated September 1, 2006, and effective 

September 15, 2006, is amended as 

follows: 

Paragraph 6002 Class E airspace areas 

extending upward from the surface of the 

earth. 

* * * * * 

ANM WY E2 Sheridan WY [Revised] 

Sheridan County Airport, WY 

(Lat. 44°46′09′′ N., long. 106°58′49′′ W.) 

Sheridan VORTAC 

(Lat. 44°50′32′′ N., long. 107°03′40′′ W.) 

That airspace extending upward from the 

surface within a 4.5-mile radius of the 

Sheridan County Airport, and within 4.5 

miles each side of the 157° bearing from the 

airport, extending from the 4.5-mile radius to 

17.6 miles southeast of the airport, and 

within 3.5 miles each side of the Sheridan 

VORTAC 312°, 327° radials extending from 

the 4.5-mile radius to 10.1 miles northwest 

of the VORTAC, and 4.0 miles each side of 

the 336° bearing from the Sheridan Airport 

extending from the 4.5-mile radius to 15.4 

miles northwest of the Airport, and within 

3.5 miles each side of the Sheridan VORTAC 


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