[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]]

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Part IV





Department of Transportation





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Federal Aviation Administration



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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]
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