46864 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Rules and Regulations

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.

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 farreaching 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:
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Rules and Regulations 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.

§ 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.

§ 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’’.

§ 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’’.

§ 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.

§ 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.’’

§ 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’’.

§ 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.

§ 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’’.

§ 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’’.

§ 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)’’.
46866 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Rules and Regulations

§ 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’’.

§ 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’’.

§ 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’’.

§ 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’’.

§ 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’’.

§ 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’’.

§ 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:

§ 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.

§ 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]

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