Change in Address for the Department of Transportation (DOT) and DOT Migration to the Federal Docket Management System (FDMS), 68473-68477 [E7-23422]
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Federal Register / Vol. 72, No. 233 / Wednesday, December 5, 2007 / Rules and Regulations
on either small or large Florida citrus
handlers. As with all Federal marketing
order programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies.
AMS is committed to complying with
the E-Government Act, to promote the
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this rule.
An interim final rule concerning this
action was published in the Federal
Register on July 30, 2007 (72 FR 41423).
Copies of that rule were also mailed or
sent via facsimile to all citrus handlers.
Finally, the interim final rule was made
available through the Internet by USDA
and the Office of the Federal Register.
A 60-day comment period was provided
for interested persons to respond to the
interim final rule. The comment period
ended on September 28, 2007, and no
comments were received.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
fv/moab.html. Any questions about the
compliance guide should be sent to Jay
Guerber at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
After consideration of all relevant
material presented, including the
information and recommendation
submitted by the Committee and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
List of Subjects in 7 CFR Part 905
Grapefruit, Marketing agreements,
Oranges, Reporting and recordkeeping
requirements, Tangelos, Tangerines.
PART 905—ORANGES, GRAPEFRUIT,
TANGERINES, AND TANGELOS
GROWN IN FLORIDA
Accordingly, the interim final rule
amending 7 CFR part 905 which was
published at 72 FR 41423 on July 30,
2007, is adopted as a final rule without
change.
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Dated: November 29, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E7–23529 Filed 12–4–07; 8:45 am]
BILLING CODE 3410–02–P
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68473
DEPARTMENT OF TRANSPORTATION
List of Subjects
Federal Aviation Administration
14 CFR Part 11
14 CFR Parts 11, 13, 17, 36, 91, 139,
150, 193, 404, and 406
Administrative practice and
procedure, Reporting and recordkeeping
requirements.
Change in Address for the Department
of Transportation (DOT) and DOT
Migration to the Federal Docket
Management System (FDMS)
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; technical
amendment.
AGENCY:
This
technical amendment addresses the
following administrative changes—
(1) The Department of Transportation
(DOT) relocation of its entire
headquarters to 1200 New Jersey
Avenue, SE., Washington, DC;
(2) The DOT migration to the
governmentwide electronic Federal
Document Management System (FDMS)
which replaces the old DOT Docket
Management System (DMS); and
(3) Closure of DOT Transportation
Branch Library.
As a result of these changes, the FAA
is amending 14 CFR parts 11, 13, 17, 36,
91, 139, 150, 193, 404, and 406.
Because these actions are merely
administrative in nature and removes
outdated references, the FAA finds that
notice and public procedure under 5
U.S.C. 553(b) is unnecessary. For the
same reason, the FAA finds that good
cause exists under 5 U.S.C. 5553(d) for
making this amendment effective upon
publication.
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Administrative practice and
procedure, Air transportation, Aviation
safety, Hazardous materials
transportation, Investigations, Law
enforcement, Penalties.
14 CFR Part 17
SUMMARY: This action updates the
Department of Transportation (DOT)
addresses, changes references from the
Docket Management System to the
Federal Docket Management System
(FDMS), and removes obsolete
information listed in FAA regulations as
a result of DOT’s relocation, migration
to the Federal electronic docket system,
and closure of the DOT Branch Library.
The intended effect of this action is to
ensure that the regulated public is
informed of address changes, electronic
docket changes, and other
administrative matters.
DATES: Effective December 5, 2007.
FOR FURTHER INFORMATION CONTACT:
Barbara Dinkins, Office of Rulemaking,
ARM–210, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
telephone: (202–493–4657); facsimile:
(202–267–5075); e-mail:
barbara.b.dinkins@faa.gov.
SUPPLEMENTARY INFORMATION:
14 CFR Part 13
Administrative practice and
procedure, Authority delegations
(Government agencies), Government
contracts.
14 CFR Part 36
Agriculture, Aircraft, Noise control.
14 CFR Part 91
Afghanistan, Agriculture, Air traffic
control, Aircraft, Airmen, Airports,
Aviation Safety, Canada, Cuba, Ethiopia,
Freight, Mexico, Noise control, Political
candidates, Reporting and
recordkeeping requirements,
Yugoslavia.
14 CFR Part 139
Air carriers, Airports, Aviation safety,
Reporting and recordkeeping
requirements.
14 CFR Part 150
Airports, Noise control.
14 CFR Part 193
Air transportation, Aviation safety,
Reporting and recordkeeping
requirements, Security measures.
14 CFR Part 404
Administrative practice and
procedure, Space transportation and
exploration.
14 CFR Part 406
Administrative practice and
procedure, Confidential business
information, Investigations, Penalties,
Space transportation and exploration.
The Amendments
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR chapters I and III as
follows:
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PART 11—GENERAL RULEMAKING
PROCEDURES
1. The authority citation for part 11
continues to read as follows:
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Authority: 49 U.S.C. 106(g), 40113, 44701.
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2. Amend § 11.25 by revising the last
sentence in paragraph (a) introductory
text to read as follows:
I
§ 11.25
How does FAA issue rules?
(a) * * * We also make all documents
available to the public by posting them
in the Federal Docket Management
System at https://www.regulations.gov.
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3. Amend § 11.33 by revising
paragraph (a) to read as follows:
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§ 11.33 How can I track FAA’s rulemaking
activities?
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*
*
(a) Docket ID. We assign a docket ID
to each rulemaking document
proceeding. Each rulemaking document
FAA issues in a particular rulemaking
proceeding, as well as public comments
on the proceeding, will display the same
docket ID. This ID allows you to search
the Federal Docket Management System
(FDMS) for information on most
rulemaking proceedings. You can view
and copy docket materials during
regular business hours at the U.S.
Department of Transportation, Docket
Operations, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590. Or
you can view and download docketed
materials through the Internet at https://
www.regulations.gov. If you can’t find
the material in the electronic docket,
contact the person listed under FOR
FURTHER INFORMATION CONTACT in the
document you are interested in.
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4. Revise § 11.35 section heading to
read as follows:
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7. 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, 47122, 47306, 47531–47532; 49 CFR
1.47.
5. Amend § 11.45 by revising
paragraph (a) introductory text, (a)(1),
(a)(2), and (c) to read as follows:
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§ 11.45 Where and when do I file my
comments?
(a) Send your comments to the
location specified in the rulemaking
document on which you are
commenting. If you are asked to send
your comments to the Federal
Document Management System, you
may send them in either of the
following ways:
(1) By mail to: U.S. Department of
Transportation, Docket Operations,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
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(a) * * *
(2) To the U.S. Department of
Transportation, Docket Operations,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590 or to this
Internet address: https://
www.regulations.gov.
(b) * * *
(1) By paper submission, send the
original signed copy of your petition for
rulemaking or exemption to this
address: U.S. Department of
Transportation, Docket Operations,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
(2) By electronic submission, submit
your petition for rulemaking or
exemption to FAA through the Internet
using the Federal Document
Management System Web site at https://
www.regulations.gov.
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§ 11.63 How and to whom do I submit my
petition for rulemaking or petition for
exemption?
PART 13—INVESTIGATIVE AND
ENFORCEMENT PROCEDURES
§ 11.35 Does FAA include sensitive
security information and proprietary
information in the Federal Docket
Management System (FDMS)?
*
(2) Through the Internet to https://
www.regulations.gov.
*
*
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*
*
(c) We may reject your paper or
electronic comments if they are
frivolous, abusive, or repetitious. We
may reject comments you file
electronically if you do not follow the
electronic filing instructions at the
Federal Docket Management System
Web site.
I 6. Amend § 11.63 by revising
paragraphs (a)(2), (b)(1), and (b)(2) to
read as follows:
8. Amend § 13.210 by revising
paragraph (e)(1) to read as follows:
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§ 13.210
Filing of documents.
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(e) Internet accessibility of documents
filed in the Hearing Docket. (1) Unless
protected from public disclosure by an
order of the ALJ under § 13.226, all
documents filed in the Hearing Docket
are accessible through the Federal
Docket Management System (FDMS):
https://www.regulations.gov. To access a
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particular case file, use the FDMS
number assigned to the case.
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I 9. Amend § 13.230 by revising
paragraph (b) to read as follows:
§ 13.230
Record.
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*
(b) Examination and copying of
record. Any person may examine the
record at the Hearing Docket, Federal
Aviation Administration, 600
Independence Avenue, SW., Wilbur
Wright Building—Room 2014,
Washington, DC 20591. Documents may
also be examined and copied at the U.S.
Department of Transportation, Docket
Operations, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
Any person may have a copy of the
record after payment of reasonable costs
to copy the record.
PART 17—PROCEDURES FOR
PROTESTS AND CONTRACTS
DISPUTES
10. The authority citation for part 17
continues to read as follows:
I
Authority: 5 U.S.C. 570–581, 49 U.S.C.
106(f)(2), 40110, 40111, 40112, 46102, 46014,
46105, 46109, and 46110.
11. Amend § 17.15 by revising
paragraph (b)(1) to read as follows:
I
§ 17.15
Filing a protest.
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*
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*
*
(b) * * *
(1) Office of Dispute Resolution for
Acquisition, Federal Aviation
Administration, AGC–70, 3rd Floor, 800
Independence Avenue, SW.,
Washington, DC 20591, telephone: (202)
267–3290, facsimile: (202) 267–3720; or
*
*
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I 12. Amend § 17.25 by revising
paragraph (b)(1) to read as follows:
§ 17.25
Filing a contract dispute.
*
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*
*
*
(b) * * *
(1) Office of Dispute Resolution for
Acquisition, Federal Aviation
Administration, AGC–70, 3rd Floor, 800
Independence Avenue, SW.,
Washington, DC 20591, telephone: (202)
267–3290, facsimile: (202) 267–3720; or
*
*
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*
I 13. Amend § 17.27 by revising
paragraph (c)(1) to read as follows:
§ 17.27 Submission of joint or separate
statements.
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(c) * * *
(1) Office of Dispute Resolution for
Acquisition, Federal Aviation
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Administration, AGC–70, 3rd Floor, 800
Independence Avenue, SW.,
Washington, DC 20591, telephone: (202)
267–3290, facsimile: (202) 267–3720; or
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PART 36—NOISE STANDARDS:
AIRCRAFT TYPE AND
AIRWORTHINESS CERTIFICATION
14. The authority citation for part 36
continues to read as follows:
I
Authority: 42 U.S.C. 4321, et seq.; 49
U.S.C. 106(g), 40113, 44701–44702, 44704,
44715; sec. 305, Pub. L. 96–193, 94 Stat. 50,
57; E.O. 11514, 35 FR 4247, 3 CFR, 1966–
1970 Comp., P. 902.
15. Amend § 36.6 by revising
paragraph (e)(1) to read as follows,
removing paragraph (e)(2), and
redesignating paragraphs (e)(3) and
(e)(4) as paragraphs (e)(2) and (e)(3)
respectively:
I
§ 36.6
https://www.ICAO.int/eshop/index.cfm.
Copies may be reviewed at the U.S.
Department of Transportation, Docket
Operations, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590 or
at the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
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PART 139—CERTIFICATION OF
AIRPORTS
18. The authority citation for part 139
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701–
44706, 44709, 44719.
Incorporation by reference.
19. Amend § 139.111 by revising
paragraph (c)(2) to read as follows:
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(e) * * *
(1) U.S. Department of Transportation,
Docket Operations, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
*
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*
§ 139.111
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(c) * * *
(2) Federal Docket Management
System, as specified under 14 CFR part
11.
PART 91—GENERAL OPERATING AND
FLIGHT RULES
PART 150—AIRPORT NOISE
COMPATIBILITY PLANNING
I
16. The authority citation for part 91
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 1155, 40103,
40113, 40120, 44101, 44111, 44701, 44704,
44709, 44711, 44712, 44715, 44716, 44717,
44722, 46306, 46315, 46316, 46504, 46506–
46507, 47122, 47508, 47528–47531, articles
12 and 29 of the Convention on International
Civil Aviation (61 Stat. 1180).
Authority: 49 U.S.C. 106(g), 40113, 44715,
47101, 47501–47504.
17. Amend § 91.851 by revising the
definition of Chapter 4 noise level to
read as follows:
§ 91.851
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Chapter 4 noise level means a noise
level at or below the maximum noise
level prescribed in Chapter 4, Paragraph
4.4, Maximum Noise Levels, of the
International Civil Aviation
Organization (ICAO) Annex 16, Volume
I, Amendment 7, effective March 21,
2002. The Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51 approved the
incorporation by reference of this
document, which can be obtained from
the International Civil Aviation
Organization (ICAO), Document Sales
Unit, 999 University Street, Montreal,
Quebec H3C 5H7, Canada. Also, you
may obtain documents on the Internet at
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[Amended]
21. Amend § 150.13 by removing
paragraph (e)(2) and redesignating
paragraphs (e)(3) and (e)(4) as (e)(2) and
(e)(3), respectively.
I
22. The authority citation for part 193
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 40123.
23. Amend § 193.11 by revising the
first sentence in paragraph (a) to read as
follows:
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§ 193.11
What is the notice procedure?
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(a) Application. You may apply to
have information designated as
protected under this part by submitting
an application addressed to the U.S.
Department of Transportation, Docket
Operations, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590 for
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24. The authority citation for part 404
continues to read as follows:
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Authority: 49 U.S.C. 70101–70121.
25. Amend § 404.3 by revising
paragraph (b)(1)(ii) to read as follows:
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§ 404.3 Filing of petitions to the Associate
Administrator.
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(b) * * *
(ii) Be submitted in duplicate to the
U.S. Department of Transportation,
Docket Operations, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590;
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PART 406—INVESTIGATIONS,
ENFORCEMENT, AND
ADMINISTRATIVE REVIEW
26. The authority citation for part 406
continues to read as follows:
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27. Amend § 406.9 by revising
paragraph (g)(1) to read as follows:
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PART 193—PROTECTION OF
VOLUNTARILY SUBMITTED
INFORMATION
Definitions.
*
PART 404—REGULATIONS AND
LICENSING REQUIREMENTS
Authority: 49 U.S.C. 70101–70121.
20. The authority citation for part 150
continues to read as follows:
I
paper submissions, and the Federal
Docket Management System (FDMS)
Web page at https://www.regulations.gov
for electronic submissions.* * *
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Exemptions.
*
§ 150.13
68475
§ 406.9
Civil penalties.
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(g) * * *
(1) The respondent must file a written
request for hearing with the Federal
Docket Management System (U.S.
Department of Transportation, Docket
Operations, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590)
and must serve a copy of the request on
the agency attorney. Sections 406.113
and 406.115 state how filing and service
must be done.
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I 28. Amend § 406.109 by revising
paragraphs (b)(1), (b)(2), and (b)(3) to
read as follows:
§ 406.109 Administrative law judges—
powers and limitations.
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(b) * * *
(1) The administrative law judge must
file with the FDMS, or instruct the party
to file with the FDMS, a copy of each
document that is submitted to the
administrative law judge that has not
bee filed with FDMS, except the
portions of those documents that
contain confidential information.
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(2) The administrative law judge must
file with the FDMS a copy of each ruling
and order issued by the administrative
law judge, except those portions that
contain confidential information.
(3) The administrative law judge must
file with the FDMS, or instruct the court
reporter to file with the FDMS, a copy
of each transcript and exhibit, except
those portions that contain confidential
information.
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I 29. Amend § 406.113 by revising
paragraphs (a), (b), (c), (d) introductory
text, (d)(1), (d)(2), (e), (f)(1), (f)(2), and
(f)(3) to read as follows:
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§ 406.113 Filing documents with the
Federal Docket Management System
(FDMS) and sending documents to the
administrative law judge and Assistant
Chief Counsel for Litigation.
(a) The Federal Docket Management
System (FDMS). (1) Documents filed in
a civil penalty adjudication are kept in
the Federal Docket Management System
(FDMS), except for documents that
contain confidential information in
accordance with § 406.117. The FDMS
is an electronic docket. Documents that
are filed are scanned into the electronic
docket and an index is made of all
documents that have been filed so that
any person may view the index and
documents as provided in paragraph (f)
of this section.
(2) A party is not required to file
written interrogatories and responses,
requests for production of documents or
tangible items and responses, and
requests for admission and responses
with the Federal Docket Management
System or submit them to
administrative law judge, except as
provided in § 406.143.
(b) Method of filing. A person filing a
document must mail or personally
deliver the signed original and one copy
of each document to the FDMS at the
U.S. Department of Transportation,
Docket Operations, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590. A person must serve a copy
of each document on each party in
accordance with § 406.115.
(c) Date of filing. The date of filing is
the date of personal delivery, or if
mailed, the mailing date shown on any
certificate of service, the date shown on
the postmark if there is no certificate of
service, or other mailing data shown by
other evidence if there is no certificate
of service or postmark. The date shown
in the FDMS index is not necessarily the
date of service. It is the date the FDMS
received the document.
(d) Form. FDMS scans the document
into its electronic docket. To ensure that
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FDMS can scan the document and
correctly identify it in the index, each
person filing a document must comply
with the following:
(1) Each document must be legible. It
may be handwritten, typewritten, or
printed from a computer.
(2) Each document must have a
caption on its first page, clearly visible,
with the following information:
(i) ‘‘FAA Space Adjudication.’’
(ii) Case name, such as ‘‘In the matter
of X Corporation.’’
(iii) FAA Case Number and FDMS
docket number, if assigned.
(iv) Name of the document being
filed, including the party filing the
document, such as ‘‘Respondent’s
Motion to Dismiss.’’
(v) ‘‘Confidential information filed
with administrative law judge’’ or
‘‘Confidential information filed with
Assistant Chief Counsel for Litigation’’
if the party is filing confidential
information under § 406.117.
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(e) Sending documents to the
administrative law judge or Assistant
Chief Counsel for Litigation. Sending the
document directly to the administrative
law judge or to the Assistant Chief
Counsel for Litigation is not a substitute
for filing the original with the FDMS,
except for confidential information
under § 406.117.
(f) * * *
(1) During regular business hours at
the U.S. Department of Transportation,
Docket Operations, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
(2) Through the Internet at https://
www.regulations.gov.
(3) By requesting it from the FDMS
and paying reasonable costs.
I 30. Amend § 406.115 by revising
paragraphs (a), (c), and (d) to read as
follows:
§ 406.115
parties.
Serving documents on other
(a) Service required. A person must
serve on each other party at the time of
filing a copy of any document filed with
the Federal Docket Management System.
Service on a party’s attorney or
representative of record is adequate
service on the party.
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(c) Certificate of service. A person
may attach a certificate of service to a
document filed with the FDMS. Any
certificate of service must include a
statement, dated and signed by the
individual filing the document, that the
document was served on each party, the
method of service, and the date of
service.
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(d) Date of service. The date of service
is the date of personal delivery; or if
mailed, the mailing date shown on the
certificate of service, the date shown on
the postmark if there is no certificate of
service, or other mailing date shown by
other evidence if there is no certificate
of service or postmark. The date shown
in the FDMS index is not necessarily the
date of service. It is the date the FDMS
received the document.
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31. Amend § 406.121 by revising
paragraphs (a) and (b) to read as follows:
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§ 406.121
Extension of time.
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(a) Extension of time by agreement of
the parties. The parties may agree to
extend for a reasonable period of time
for filing a document under this subpart
with the agreement of the administrative
law judge. The party seeking the
extension of time must submit a draft
order to the administrative law judge for
signature, file it with the Federal Docket
Management System, and serve it on
each party.
(b) Motion for extension of time. If the
parties do not agree to an extension of
time for filing a document, a party
desiring an extension may file with the
Federal Docket Management System and
serve a written motion for an extension
of time not later than 7 days before the
document is due unless good cause for
the late filing is shown. The
administrative law judge may grant the
extension of time if good cause for the
extension is shown.
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I 32. Amend § 406.127 by revising
paragraphs (a)(1) and (b)(3) to read as
follows:
§ 406.127 Complaint and answer in civil
penalty adjudications.
(a) Complaint—(1) Filing. The
complainant must file the original and
one copy of the complaint with the
Federal Docket Management System, or
may file a written motion pursuant to
§ 406.141(f)(1) instead of filling a
complaint, not later than 20 days after
receipt by the complainant of a request
for hearing. The complainant should
suggest a location for the hearing when
filing the complaint.
*
*
*
*
*
(b) * * *
(3) Filing and service. A respondent
must file the answer with the Federal
Docket Management System and serve a
copy of the answer on the agency
attorney who filed the complaint.
*
*
*
*
*
E:\FR\FM\05DER1.SGM
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Federal Register / Vol. 72, No. 233 / Wednesday, December 5, 2007 / Rules and Regulations
§ 406.143
33. Amend § 406.133 by revising
paragraph (a) introductory text to read
as follows:
I
Discovery.
§ 406.139 Joint procedural or discovery
schedule.
*
*
*
*
(b) * * * A party is not required to
file written interrogatories and
responses, requests for production of
documents or tangible items and
responses, and requests for admission
and responses with the Federal Docket
Management System or submit any of
them to the administrative law judge.
* * *
*
*
*
*
*
(j) * * *
(3) Notice of deposition. A party must
serve a notice of deposition, stating the
time and place of the deposition and the
name and address of each person to be
examined, on the person to be deposed,
must submit the notice to the
administrative law judge, and must file
the notice with the Federal Docket
Management System, and must serve
the notice on each party, not later than
7 days before the deposition. * * *
*
*
*
*
*
I 38. Amend § 406.173 by revising the
first and second sentence in paragraph
(d) to read as follows:
*
§ 406.173
§ 406.133
*
Amendments of pleadings.
(a) Time. A party must file with the
Federal Docket Management System and
serve on each other party any
amendment to a complaint or an answer
as follows:
*
*
*
*
*
I 34. Amend § 406.137 by revising
paragraph (a) to read as follows:
§ 406.137
Intervention.
(a) A person may file with the Federal
Docket Management System and serve
on each other party a motion for leave
to intervene as party in an adjudication.
Except for good cause shown, a motion
for leave to intervene must be filed not
later than 10 days before the hearing.
*
*
*
*
*
I 35. Amend § 406.139 by revising
paragraphs (b) introductory text and (d)
to read as follows:
*
*
*
*
(b) Form and content of schedule. If
the parties agree to a joint procedural or
discovery schedule, one of the parties
must file with the Federal Docket
Management System and serve the joint
schedule, setting forth the dates to
which the parties have agreed. One of
the parties must draft an order
establishing a joint schedule for the
administrative law judge.
*
*
*
*
*
(d) Order establishing joint schedule.
The administrative law judge must
approve the joint schedule filed by the
parties by signing the joint schedule and
filing it with the Federal Docket
Management System.
*
*
*
*
*
I 36. Amend § 406.141 by revising
paragraph (c) to read as follows:
§ 406.141
Motions.
sroberts on PROD1PC70 with RULES
*
*
*
*
*
(c) Form and time. Except for oral
motions heard on the record, a motion
made prior to the hearing must be in
writing. Unless otherwise agreed by the
parties or for good cause shown, a party
must file any prehearing motion with
the Federal Docket Management System
and serve each other party not later than
30 days before the hearing.
*
*
*
*
*
I 37. Amend § 406.143 by revising the
second sentence in paragraph (b) and by
revising the first sentence in paragraph
(j)(3) to read as follows:
VerDate Aug<31>2005
17:07 Dec 04, 2007
Jkt 214001
Interlocutory appeals.
*
*
*
*
*
(d) Procedure. A party must file with
the Federal Docket Management System
and serve each other party a notice of
interlocutory appeal, with supporting
documents, not later than 10 days after
the administrative law judge’s decision
forming the basis of an interlocutory
appeal of right or not later than 10 days
after the administrative law judge’s
decision granting an interlocutory
appeal for cause. A party must file with
the Federal Docket Management System
a reply brief, if any, and serve a copy of
the reply brief on each party, not later
than 10 days after service of the appeal
brief. * * *
*
*
*
*
*
I 39. Amend § 406.175 by revising
paragraphs (a), (d) introductory text, and
(e) introductory text, by revising the
third sentence in paragraph (f), and by
revising paragraph (g) to read as follows:
§ 406.175
Appeal from initial decision.
(a) Notice of appeal. A party may
appeal the initial decision, and any
decision not previously appealed
pursuant to § 406.173, by filing with the
Federal Docket Management System and
serving on each party a notice of appeal.
A party must file the notice of appeal
not later than 10 days after entry of the
oral initial decision on the record or
service of the written initial decision on
the parties.
*
*
*
*
*
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
68477
(d) Appeal briefs. A party must file
the appeal brief with the Federal Docket
Management System and serve each
party.
*
*
*
*
*
(e) Reply brief. Unless otherwise
agreed by the parties, any party may file
a reply brief with the Federal Docket
Management System and serve on each
other party not later than 35 days after
the appeal brief has been served on that
party. If the party relies on evidence
contained in the record for the reply, the
party must specifically refer to the
pertinent evidence contained in the
record in the reply brief.
*
*
*
*
*
(f) * * * A party may file with the
Federal Docket Management System a
motion for permission to file an
additional brief and must serve a copy
of the motion on each other party. * * *
(g) Number of copies. A party must
file the original brief and two copies of
the brief with the Federal Docket
Management System and serve one copy
on each other party.
*
*
*
*
*
I 40. Amend § 406.177 by revising the
second sentence in paragraph (a) to read
as follows:
§ 406.177 Petition to reconsider or modify
a final decision and order of the FAA
decisionmaker on appeal.
(a) * * * A party must file a petition
to reconsider or modify with the Federal
Docket Management System not later
than 30 days after service of the FAA
decisionmaker’s final decision and
order on appeal and must serve a copy
of the petition on each party. * * *
*
*
*
*
*
Issued in Washington, DC on November 28,
2007.
Pamela Hamilton-Powell,
Director, Office of Rulemaking, Aviation
Safety.
[FR Doc. E7–23422 Filed 12–4–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 510 and 520
Oral Dosage Form New Animal Drugs;
Carprofen
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
SUMMARY: The Food and Drug
Administration (FDA) is amending the
E:\FR\FM\05DER1.SGM
05DER1
]]>Agencies
[Federal Register Volume 72, Number 233 (Wednesday, December 5, 2007)]
[Rules and Regulations]
[Pages 68473-68477]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23422]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 11, 13, 17, 36, 91, 139, 150, 193, 404, and 406
Change in Address for the Department of Transportation (DOT) and
DOT Migration to the Federal Docket Management System (FDMS)
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: This action updates the Department of Transportation (DOT)
addresses, changes references from the Docket Management System to the
Federal Docket Management System (FDMS), and removes obsolete
information listed in FAA regulations as a result of DOT's relocation,
migration to the Federal electronic docket system, and closure of the
DOT Branch Library. The intended effect of this action is to ensure
that the regulated public is informed of address changes, electronic
docket changes, and other administrative matters.
DATES: Effective December 5, 2007.
FOR FURTHER INFORMATION CONTACT: Barbara Dinkins, Office of Rulemaking,
ARM-210, Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone: (202-493-4657); facsimile: (202-267-
5075); e-mail: barbara.b.dinkins@faa.gov.
SUPPLEMENTARY INFORMATION: This technical amendment addresses the
following administrative changes--
(1) The Department of Transportation (DOT) relocation of its entire
headquarters to 1200 New Jersey Avenue, SE., Washington, DC;
(2) The DOT migration to the governmentwide electronic Federal
Document Management System (FDMS) which replaces the old DOT Docket
Management System (DMS); and
(3) Closure of DOT Transportation Branch Library.
As a result of these changes, the FAA is amending 14 CFR parts 11,
13, 17, 36, 91, 139, 150, 193, 404, and 406.
Because these actions are merely administrative in nature and
removes outdated references, the FAA finds that notice and public
procedure under 5 U.S.C. 553(b) is unnecessary. For the same reason,
the FAA finds that good cause exists under 5 U.S.C. 5553(d) for making
this amendment effective upon publication.
List of Subjects
14 CFR Part 11
Administrative practice and procedure, Reporting and recordkeeping
requirements.
14 CFR Part 13
Administrative practice and procedure, Air transportation, Aviation
safety, Hazardous materials transportation, Investigations, Law
enforcement, Penalties.
14 CFR Part 17
Administrative practice and procedure, Authority delegations
(Government agencies), Government contracts.
14 CFR Part 36
Agriculture, Aircraft, Noise control.
14 CFR Part 91
Afghanistan, Agriculture, Air traffic control, Aircraft, Airmen,
Airports, Aviation Safety, Canada, Cuba, Ethiopia, Freight, Mexico,
Noise control, Political candidates, Reporting and recordkeeping
requirements, Yugoslavia.
14 CFR Part 139
Air carriers, Airports, Aviation safety, Reporting and
recordkeeping requirements.
14 CFR Part 150
Airports, Noise control.
14 CFR Part 193
Air transportation, Aviation safety, Reporting and recordkeeping
requirements, Security measures.
14 CFR Part 404
Administrative practice and procedure, Space transportation and
exploration.
14 CFR Part 406
Administrative practice and procedure, Confidential business
information, Investigations, Penalties, Space transportation and
exploration.
The Amendments
0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR chapters I and III as follows:
PART 11--GENERAL RULEMAKING PROCEDURES
0
1. The authority citation for part 11 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
[[Page 68474]]
0
2. Amend Sec. 11.25 by revising the last sentence in paragraph (a)
introductory text to read as follows:
Sec. 11.25 How does FAA issue rules?
(a) * * * We also make all documents available to the public by
posting them in the Federal Docket Management System at https://
www.regulations.gov.
* * * * *
0
3. Amend Sec. 11.33 by revising paragraph (a) to read as follows:
Sec. 11.33 How can I track FAA's rulemaking activities?
* * * * *
(a) Docket ID. We assign a docket ID to each rulemaking document
proceeding. Each rulemaking document FAA issues in a particular
rulemaking proceeding, as well as public comments on the proceeding,
will display the same docket ID. This ID allows you to search the
Federal Docket Management System (FDMS) for information on most
rulemaking proceedings. You can view and copy docket materials during
regular business hours at the U.S. Department of Transportation, Docket
Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey
Avenue, SE., Washington, DC 20590. Or you can view and download
docketed materials through the Internet at https://www.regulations.gov.
If you can't find the material in the electronic docket, contact the
person listed under FOR FURTHER INFORMATION CONTACT in the document you
are interested in.
* * * * *
0
4. Revise Sec. 11.35 section heading to read as follows:
Sec. 11.35 Does FAA include sensitive security information and
proprietary information in the Federal Docket Management System (FDMS)?
* * * * *
0
5. Amend Sec. 11.45 by revising paragraph (a) introductory text,
(a)(1), (a)(2), and (c) to read as follows:
Sec. 11.45 Where and when do I file my comments?
(a) Send your comments to the location specified in the rulemaking
document on which you are commenting. If you are asked to send your
comments to the Federal Document Management System, you may send them
in either of the following ways:
(1) By mail to: U.S. Department of Transportation, Docket
Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
(2) Through the Internet to https://www.regulations.gov.
* * * * *
(c) We may reject your paper or electronic comments if they are
frivolous, abusive, or repetitious. We may reject comments you file
electronically if you do not follow the electronic filing instructions
at the Federal Docket Management System Web site.
0
6. Amend Sec. 11.63 by revising paragraphs (a)(2), (b)(1), and (b)(2)
to read as follows:
Sec. 11.63 How and to whom do I submit my petition for rulemaking or
petition for exemption?
(a) * * *
(2) To the U.S. Department of Transportation, Docket Operations,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590 or to this Internet address: https://
www.regulations.gov.
(b) * * *
(1) By paper submission, send the original signed copy of your
petition for rulemaking or exemption to this address: U.S. Department
of Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.
(2) By electronic submission, submit your petition for rulemaking
or exemption to FAA through the Internet using the Federal Document
Management System Web site at https://www.regulations.gov.
* * * * *
PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES
0
7. 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, 47122, 47306, 47531-47532; 49 CFR 1.47.
0
8. Amend Sec. 13.210 by revising paragraph (e)(1) to read as follows:
Sec. 13.210 Filing of documents.
* * * * *
(e) Internet accessibility of documents filed in the Hearing
Docket. (1) Unless protected from public disclosure by an order of the
ALJ under Sec. 13.226, all documents filed in the Hearing Docket are
accessible through the Federal Docket Management System (FDMS): https://
www.regulations.gov. To access a particular case file, use the FDMS
number assigned to the case.
* * * * *
0
9. Amend Sec. 13.230 by revising paragraph (b) to read as follows:
Sec. 13.230 Record.
* * * * *
(b) Examination and copying of record. Any person may examine the
record at the Hearing Docket, Federal Aviation Administration, 600
Independence Avenue, SW., Wilbur Wright Building--Room 2014,
Washington, DC 20591. Documents may also be examined and copied at the
U.S. Department of Transportation, Docket Operations, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590. Any person may have a copy of the record after payment of
reasonable costs to copy the record.
PART 17--PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES
0
10. The authority citation for part 17 continues to read as follows:
Authority: 5 U.S.C. 570-581, 49 U.S.C. 106(f)(2), 40110, 40111,
40112, 46102, 46014, 46105, 46109, and 46110.
0
11. Amend Sec. 17.15 by revising paragraph (b)(1) to read as follows:
Sec. 17.15 Filing a protest.
* * * * *
(b) * * *
(1) Office of Dispute Resolution for Acquisition, Federal Aviation
Administration, AGC-70, 3rd Floor, 800 Independence Avenue, SW.,
Washington, DC 20591, telephone: (202) 267-3290, facsimile: (202) 267-
3720; or
* * * * *
0
12. Amend Sec. 17.25 by revising paragraph (b)(1) to read as follows:
Sec. 17.25 Filing a contract dispute.
* * * * *
(b) * * *
(1) Office of Dispute Resolution for Acquisition, Federal Aviation
Administration, AGC-70, 3rd Floor, 800 Independence Avenue, SW.,
Washington, DC 20591, telephone: (202) 267-3290, facsimile: (202) 267-
3720; or
* * * * *
0
13. Amend Sec. 17.27 by revising paragraph (c)(1) to read as follows:
Sec. 17.27 Submission of joint or separate statements.
* * * * *
(c) * * *
(1) Office of Dispute Resolution for Acquisition, Federal Aviation
[[Page 68475]]
Administration, AGC-70, 3rd Floor, 800 Independence Avenue, SW.,
Washington, DC 20591, telephone: (202) 267-3290, facsimile: (202) 267-
3720; or
* * * * *
PART 36--NOISE STANDARDS: AIRCRAFT TYPE AND AIRWORTHINESS
CERTIFICATION
0
14. The authority citation for part 36 continues to read as follows:
Authority: 42 U.S.C. 4321, et seq.; 49 U.S.C. 106(g), 40113,
44701-44702, 44704, 44715; sec. 305, Pub. L. 96-193, 94 Stat. 50,
57; E.O. 11514, 35 FR 4247, 3 CFR, 1966-1970 Comp., P. 902.
0
15. Amend Sec. 36.6 by revising paragraph (e)(1) to read as follows,
removing paragraph (e)(2), and redesignating paragraphs (e)(3) and
(e)(4) as paragraphs (e)(2) and (e)(3) respectively:
Sec. 36.6 Incorporation by reference.
* * * * *
(e) * * *
(1) U.S. Department of Transportation, Docket Operations, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
* * * * *
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
16. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,
44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717,
44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-
47531, articles 12 and 29 of the Convention on International Civil
Aviation (61 Stat. 1180).
0
17. Amend Sec. 91.851 by revising the definition of Chapter 4 noise
level to read as follows:
Sec. 91.851 Definitions.
* * * * *
Chapter 4 noise level means a noise level at or below the maximum
noise level prescribed in Chapter 4, Paragraph 4.4, Maximum Noise
Levels, of the International Civil Aviation Organization (ICAO) Annex
16, Volume I, Amendment 7, effective March 21, 2002. The Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51 approved the incorporation by reference of this document, which can
be obtained from the International Civil Aviation Organization (ICAO),
Document Sales Unit, 999 University Street, Montreal, Quebec H3C 5H7,
Canada. Also, you may obtain documents on the Internet at https://
www.ICAO.int/eshop/index.cfm. Copies may be reviewed at the U.S.
Department of Transportation, Docket Operations, West Building Ground
Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590
or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: https://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
* * * * *
PART 139--CERTIFICATION OF AIRPORTS
0
18. The authority citation for part 139 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44706, 44709, 44719.
0
19. Amend Sec. 139.111 by revising paragraph (c)(2) to read as
follows:
Sec. 139.111 Exemptions.
* * * * *
(c) * * *
(2) Federal Docket Management System, as specified under 14 CFR
part 11.
PART 150--AIRPORT NOISE COMPATIBILITY PLANNING
0
20. The authority citation for part 150 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44715, 47101, 47501-47504.
Sec. 150.13 [Amended]
0
21. Amend Sec. 150.13 by removing paragraph (e)(2) and redesignating
paragraphs (e)(3) and (e)(4) as (e)(2) and (e)(3), respectively.
PART 193--PROTECTION OF VOLUNTARILY SUBMITTED INFORMATION
0
22. The authority citation for part 193 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 40123.
0
23. Amend Sec. 193.11 by revising the first sentence in paragraph (a)
to read as follows:
Sec. 193.11 What is the notice procedure?
* * * * *
(a) Application. You may apply to have information designated as
protected under this part by submitting an application addressed to the
U.S. Department of Transportation, Docket Operations, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590 for paper submissions, and the Federal Docket Management System
(FDMS) Web page at https://www.regulations.gov for electronic
submissions.* * *
* * * * *
PART 404--REGULATIONS AND LICENSING REQUIREMENTS
0
24. The authority citation for part 404 continues to read as follows:
Authority: 49 U.S.C. 70101-70121.
0
25. Amend Sec. 404.3 by revising paragraph (b)(1)(ii) to read as
follows:
Sec. 404.3 Filing of petitions to the Associate Administrator.
* * * * *
(b) * * *
(ii) Be submitted in duplicate to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590;
* * * * *
PART 406--INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW
0
26. The authority citation for part 406 continues to read as follows:
Authority: 49 U.S.C. 70101-70121.
0
27. Amend Sec. 406.9 by revising paragraph (g)(1) to read as follows:
Sec. 406.9 Civil penalties.
* * * * *
(g) * * *
(1) The respondent must file a written request for hearing with the
Federal Docket Management System (U.S. Department of Transportation,
Docket Operations, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590) and must serve a copy of the
request on the agency attorney. Sections 406.113 and 406.115 state how
filing and service must be done.
* * * * *
0
28. Amend Sec. 406.109 by revising paragraphs (b)(1), (b)(2), and
(b)(3) to read as follows:
Sec. 406.109 Administrative law judges--powers and limitations.
* * * * *
(b) * * *
(1) The administrative law judge must file with the FDMS, or
instruct the party to file with the FDMS, a copy of each document that
is submitted to the administrative law judge that has not bee filed
with FDMS, except the portions of those documents that contain
confidential information.
[[Page 68476]]
(2) The administrative law judge must file with the FDMS a copy of
each ruling and order issued by the administrative law judge, except
those portions that contain confidential information.
(3) The administrative law judge must file with the FDMS, or
instruct the court reporter to file with the FDMS, a copy of each
transcript and exhibit, except those portions that contain confidential
information.
* * * * *
0
29. Amend Sec. 406.113 by revising paragraphs (a), (b), (c), (d)
introductory text, (d)(1), (d)(2), (e), (f)(1), (f)(2), and (f)(3) to
read as follows:
Sec. 406.113 Filing documents with the Federal Docket Management
System (FDMS) and sending documents to the administrative law judge and
Assistant Chief Counsel for Litigation.
(a) The Federal Docket Management System (FDMS). (1) Documents
filed in a civil penalty adjudication are kept in the Federal Docket
Management System (FDMS), except for documents that contain
confidential information in accordance with Sec. 406.117. The FDMS is
an electronic docket. Documents that are filed are scanned into the
electronic docket and an index is made of all documents that have been
filed so that any person may view the index and documents as provided
in paragraph (f) of this section.
(2) A party is not required to file written interrogatories and
responses, requests for production of documents or tangible items and
responses, and requests for admission and responses with the Federal
Docket Management System or submit them to administrative law judge,
except as provided in Sec. 406.143.
(b) Method of filing. A person filing a document must mail or
personally deliver the signed original and one copy of each document to
the FDMS at the U.S. Department of Transportation, Docket Operations,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590. A person must serve a copy of each document on
each party in accordance with Sec. 406.115.
(c) Date of filing. The date of filing is the date of personal
delivery, or if mailed, the mailing date shown on any certificate of
service, the date shown on the postmark if there is no certificate of
service, or other mailing data shown by other evidence if there is no
certificate of service or postmark. The date shown in the FDMS index is
not necessarily the date of service. It is the date the FDMS received
the document.
(d) Form. FDMS scans the document into its electronic docket. To
ensure that FDMS can scan the document and correctly identify it in the
index, each person filing a document must comply with the following:
(1) Each document must be legible. It may be handwritten,
typewritten, or printed from a computer.
(2) Each document must have a caption on its first page, clearly
visible, with the following information:
(i) ``FAA Space Adjudication.''
(ii) Case name, such as ``In the matter of X Corporation.''
(iii) FAA Case Number and FDMS docket number, if assigned.
(iv) Name of the document being filed, including the party filing
the document, such as ``Respondent's Motion to Dismiss.''
(v) ``Confidential information filed with administrative law
judge'' or ``Confidential information filed with Assistant Chief
Counsel for Litigation'' if the party is filing confidential
information under Sec. 406.117.
* * * * *
(e) Sending documents to the administrative law judge or Assistant
Chief Counsel for Litigation. Sending the document directly to the
administrative law judge or to the Assistant Chief Counsel for
Litigation is not a substitute for filing the original with the FDMS,
except for confidential information under Sec. 406.117.
(f) * * *
(1) During regular business hours at the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.
(2) Through the Internet at https://www.regulations.gov.
(3) By requesting it from the FDMS and paying reasonable costs.
0
30. Amend Sec. 406.115 by revising paragraphs (a), (c), and (d) to
read as follows:
Sec. 406.115 Serving documents on other parties.
(a) Service required. A person must serve on each other party at
the time of filing a copy of any document filed with the Federal Docket
Management System. Service on a party's attorney or representative of
record is adequate service on the party.
* * * * *
(c) Certificate of service. A person may attach a certificate of
service to a document filed with the FDMS. Any certificate of service
must include a statement, dated and signed by the individual filing the
document, that the document was served on each party, the method of
service, and the date of service.
(d) Date of service. The date of service is the date of personal
delivery; or if mailed, the mailing date shown on the certificate of
service, the date shown on the postmark if there is no certificate of
service, or other mailing date shown by other evidence if there is no
certificate of service or postmark. The date shown in the FDMS index is
not necessarily the date of service. It is the date the FDMS received
the document.
* * * * *
0
31. Amend Sec. 406.121 by revising paragraphs (a) and (b) to read as
follows:
Sec. 406.121 Extension of time.
* * * * *
(a) Extension of time by agreement of the parties. The parties may
agree to extend for a reasonable period of time for filing a document
under this subpart with the agreement of the administrative law judge.
The party seeking the extension of time must submit a draft order to
the administrative law judge for signature, file it with the Federal
Docket Management System, and serve it on each party.
(b) Motion for extension of time. If the parties do not agree to an
extension of time for filing a document, a party desiring an extension
may file with the Federal Docket Management System and serve a written
motion for an extension of time not later than 7 days before the
document is due unless good cause for the late filing is shown. The
administrative law judge may grant the extension of time if good cause
for the extension is shown.
* * * * *
0
32. Amend Sec. 406.127 by revising paragraphs (a)(1) and (b)(3) to
read as follows:
Sec. 406.127 Complaint and answer in civil penalty adjudications.
(a) Complaint--(1) Filing. The complainant must file the original
and one copy of the complaint with the Federal Docket Management
System, or may file a written motion pursuant to Sec. 406.141(f)(1)
instead of filling a complaint, not later than 20 days after receipt by
the complainant of a request for hearing. The complainant should
suggest a location for the hearing when filing the complaint.
* * * * *
(b) * * *
(3) Filing and service. A respondent must file the answer with the
Federal Docket Management System and serve a copy of the answer on the
agency attorney who filed the complaint.
* * * * *
[[Page 68477]]
0
33. Amend Sec. 406.133 by revising paragraph (a) introductory text to
read as follows:
Sec. 406.133 Amendments of pleadings.
(a) Time. A party must file with the Federal Docket Management
System and serve on each other party any amendment to a complaint or an
answer as follows:
* * * * *
0
34. Amend Sec. 406.137 by revising paragraph (a) to read as follows:
Sec. 406.137 Intervention.
(a) A person may file with the Federal Docket Management System and
serve on each other party a motion for leave to intervene as party in
an adjudication. Except for good cause shown, a motion for leave to
intervene must be filed not later than 10 days before the hearing.
* * * * *
0
35. Amend Sec. 406.139 by revising paragraphs (b) introductory text
and (d) to read as follows:
Sec. 406.139 Joint procedural or discovery schedule.
* * * * *
(b) Form and content of schedule. If the parties agree to a joint
procedural or discovery schedule, one of the parties must file with the
Federal Docket Management System and serve the joint schedule, setting
forth the dates to which the parties have agreed. One of the parties
must draft an order establishing a joint schedule for the
administrative law judge.
* * * * *
(d) Order establishing joint schedule. The administrative law judge
must approve the joint schedule filed by the parties by signing the
joint schedule and filing it with the Federal Docket Management System.
* * * * *
0
36. Amend Sec. 406.141 by revising paragraph (c) to read as follows:
Sec. 406.141 Motions.
* * * * *
(c) Form and time. Except for oral motions heard on the record, a
motion made prior to the hearing must be in writing. Unless otherwise
agreed by the parties or for good cause shown, a party must file any
prehearing motion with the Federal Docket Management System and serve
each other party not later than 30 days before the hearing.
* * * * *
0
37. Amend Sec. 406.143 by revising the second sentence in paragraph
(b) and by revising the first sentence in paragraph (j)(3) to read as
follows:
Sec. 406.143 Discovery.
* * * * *
(b) * * * A party is not required to file written interrogatories
and responses, requests for production of documents or tangible items
and responses, and requests for admission and responses with the
Federal Docket Management System or submit any of them to the
administrative law judge. * * *
* * * * *
(j) * * *
(3) Notice of deposition. A party must serve a notice of
deposition, stating the time and place of the deposition and the name
and address of each person to be examined, on the person to be deposed,
must submit the notice to the administrative law judge, and must file
the notice with the Federal Docket Management System, and must serve
the notice on each party, not later than 7 days before the deposition.
* * *
* * * * *
0
38. Amend Sec. 406.173 by revising the first and second sentence in
paragraph (d) to read as follows:
Sec. 406.173 Interlocutory appeals.
* * * * *
(d) Procedure. A party must file with the Federal Docket Management
System and serve each other party a notice of interlocutory appeal,
with supporting documents, not later than 10 days after the
administrative law judge's decision forming the basis of an
interlocutory appeal of right or not later than 10 days after the
administrative law judge's decision granting an interlocutory appeal
for cause. A party must file with the Federal Docket Management System
a reply brief, if any, and serve a copy of the reply brief on each
party, not later than 10 days after service of the appeal brief. * * *
* * * * *
0
39. Amend Sec. 406.175 by revising paragraphs (a), (d) introductory
text, and (e) introductory text, by revising the third sentence in
paragraph (f), and by revising paragraph (g) to read as follows:
Sec. 406.175 Appeal from initial decision.
(a) Notice of appeal. A party may appeal the initial decision, and
any decision not previously appealed pursuant to Sec. 406.173, by
filing with the Federal Docket Management System and serving on each
party a notice of appeal. A party must file the notice of appeal not
later than 10 days after entry of the oral initial decision on the
record or service of the written initial decision on the parties.
* * * * *
(d) Appeal briefs. A party must file the appeal brief with the
Federal Docket Management System and serve each party.
* * * * *
(e) Reply brief. Unless otherwise agreed by the parties, any party
may file a reply brief with the Federal Docket Management System and
serve on each other party not later than 35 days after the appeal brief
has been served on that party. If the party relies on evidence
contained in the record for the reply, the party must specifically
refer to the pertinent evidence contained in the record in the reply
brief.
* * * * *
(f) * * * A party may file with the Federal Docket Management
System a motion for permission to file an additional brief and must
serve a copy of the motion on each other party. * * *
(g) Number of copies. A party must file the original brief and two
copies of the brief with the Federal Docket Management System and serve
one copy on each other party.
* * * * *
0
40. Amend Sec. 406.177 by revising the second sentence in paragraph
(a) to read as follows:
Sec. 406.177 Petition to reconsider or modify a final decision and
order of the FAA decisionmaker on appeal.
(a) * * * A party must file a petition to reconsider or modify with
the Federal Docket Management System not later than 30 days after
service of the FAA decisionmaker's final decision and order on appeal
and must serve a copy of the petition on each party. * * *
* * * * *
Issued in Washington, DC on November 28, 2007.
Pamela Hamilton-Powell,
Director, Office of Rulemaking, Aviation Safety.
[FR Doc. E7-23422 Filed 12-4-07; 8:45 am]
BILLING CODE 4910-13-P
