Clarification for Submitting Petitions for Rulemaking or Exemption, 201-202 [E8-31304]

Download as PDF 201 Rules and Regulations Federal Register Vol. 74, No. 2 Monday, January 5, 2009 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF JUSTICE Executive Office for Immigration Review 8 CFR Parts 1001, 1003, 1292 [Docket No. EOIR 160F; A.G. Order No. 3028–2008] RIN 1125 AA59 Professional Conduct for Practitioners—Rules and Procedures, and Representation and Appearances Executive Office for Immigration Review, Justice. ACTION: Correction to final rule. AGENCY: SUMMARY: This document contains a correction to the final rule published Thursday, December 18, 2008 at 73 FR 76914, relating to the rules and procedures that govern the standards of representation and professional conduct for practitioners who appear before the Executive Office for Immigration Review (EOIR). DATES: Effective Date: January 5, 2009. FOR FURTHER INFORMATION CONTACT: John N. Blum, Acting General Counsel, Executive Office for Immigration Review, Suite 2600, 5107 Leesburg Pike, Falls Church, Virginia 22041, telephone number (703) 305–0470 (not a toll free call). SUPPLEMENTARY INFORMATION: The final rule that is the subject of these corrections amends Department of Justice regulations by amending the rules and procedures for imposing disciplinary sanctions against practitioners who engage in criminal, unethical, or unprofessional conduct, or in frivolous behavior in proceedings before EOIR. The final rule increases the number of grounds for discipline and improves the clarity and uniformity of the existing rules while incorporating miscellaneous technical and procedural changes. VerDate Aug<31>2005 13:23 Jan 02, 2009 Jkt 217001 Need for Correction As published, the final rule contains a typographical error that may cause confusion and therefore is in need of clarification. The instruction for 8 CFR 1003.103 says in part that the first sentence of paragraph (a)(1) is revised. However the entire paragraph is revised. The first sentence is revised to reflect the technical correction in terminology from ‘‘the Office of the General Counsel of EOIR’’ to ‘‘the EOIR disciplinary counsel,’’ and to allow for immediate suspension of a practitioner who resigns from the highest court of any State, possession, territory, or Commonwealth of the United States, or the District of Columbia, or any Federal court, while a disciplinary investigation is pending. The paragraph is further revised to incorporate the technical correction in terminology from ‘‘the Office of the General Counsel of the Service’’ to ‘‘DHS.’’ Correction For the reasons stated above, in the FR Doc. E8–30027, beginning on page 76914 in the Federal Register of Thursday, December 18, 2008, the following correction is made: § 1003.103 [Corrected] On page 76923, in the third column, instruction 7a. is corrected to read as follows: ■ 7. Amend § 1003.103 by: ■ a. Revising paragraph (a)(1); * * * * * Dated: December 30, 2008. Rosemary Hart, Federal Register Liaison. [FR Doc. E8–31302 Filed 1–2–09; 8:45 am] BILLING CODE 4410–30–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 11 [Docket No. FAA–199–6622; Amendment No. 11–55] RIN 2120–AG95 Clarification for Submitting Petitions for Rulemaking or Exemption AGENCY: Federal Aviation Administration, DOT. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 ACTION: Final rule; technical amendment. SUMMARY: The Federal Aviation Administration (FAA) is making minor technical changes to the requirements for submitting a petition for rulemaking or exemption. In a final rule published in the Federal Register on December 5, 2007, the FAA inadvertently did not make conforming amendments to plain language requirements in the structure and content of the final rule. This technical amendment restructures or reorders the filing of petitions and incorporates a reference for additional filing guidance and instructions using the Federal Docket Management System (FDMS). These changes ensure general rulemaking procedures are clear, written in plain language, and better inform the public of administrative practices. DATES: Effective Dates: This rule is effective January 5, 2009. FOR FURTHER INFORMATION CONTACT: Katrina Holiday, Office of Rulemaking, ARM–202, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: (202–267–9680); facsimile: (202–267–5075); e-mail: katrina.holiday@faa.gov. SUPPLEMENTARY INFORMATION: The FAA published in the Federal Register on December 5, 2007 (72 FR 68474) a document that amended the regulations for submitting petitions for rulemaking or exemption. This technical amendment— (1) Incorporates a reference to available guidance and instructions that may ease the use of FDMS. This guidance is accessible via the Internet at https://www.regulations.gov, and additional instructions for petitions for rulemaking or exemption are also accessible via the Internet at https:// www.faa.gov/regulations. (2) Amends 14 CFR 11.63(a) and (b) by reordering these paragraphs by order of importance to address in paragraph (a) general submissions of petitions for rulemaking or exemption, and paragraph (b) specific petitions for rulemaking or exemption for relief from part 139 of this chapter. Because these actions are merely administrative in nature, 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. 553(d) for E:\FR\FM\05JAR1.SGM 05JAR1 202 Federal Register / Vol. 74, No. 2 / Monday, January 5, 2009 / Rules and Regulations making this amendment effective upon publication. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration List of Subjects in 14 CFR Part 11 Administrative practice and procedure, Reporting and recordkeeping requirements. 14 CFR Part 97 Accordingly, Title 14 of the Code of Federal Regulations (CFR) part 11 is amended as follows: Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments ■ The Amendments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. PART 11—GENERAL RULEMAKING PROCEDURES 1. The authority citation for part 11 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. 2. Revise § 11.63(a), (b), and (c) to read as follows: ■ § 11.63 How and to whom do I submit my petition for rulemaking or petition for exemption? (a) To submit a petition for rulemaking or exemption— (1) By electronic submission, submit your petition for rulemaking or exemption to FAA through the Internet at https://www.regulations.gov, the Federal Docket Management System Web site. For additional instructions, you may visit https://www.faa.gov/ regulations. (2) 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. (b) Submit a petition for rulemaking or exemption from part 139 of this chapter— (1) To the appropriate FAA airport field office in whose area your airport is, or will be, established; and (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 by electronic submission to this Internet address: https://www.regulations.gov. (c) The FAA may designate other means by which you can submit petitions in the future. * * * * * Issued in Washington, DC on December 30, 2008. Pamela Hamilton-Powell, Director, Office of Rulemaking. [FR Doc. E8–31304 Filed 1–2–09; 8:45 am] BILLING CODE 4910–13–P VerDate Aug<31>2005 13:23 Jan 02, 2009 Jkt 217001 [Docket No. 30642; Amdt. No 3300] SUMMARY: This establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. DATES: This rule is effective January 5, 2009. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of January 5, 2009. ADDRESSES: Availability of matters incorporated by reference in the amendment is as follows: For Examination— 1. FAA Rules Docket, FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; 2. The FAA Regional Office of the region in which the affected airport is located; 3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or, 4. 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. Availability—All SIAPs and Takeoff Minimums and ODPs are available PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 online free of charge. Visit https:// www.nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from: 1. FAA Public Inquiry Center (APA– 200), FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; or 2. The FAA Regional Office of the region in which the affected airport is located. FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure Standards Branch (AFS–420), Flight Technologies and Programs Divisions, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd. Oklahoma City, OK. 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) Telephone: (405) 954–4164. SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of Federal Regulations, Part 97 (14 CFR part 97), by establishing, amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS. The complete regulators description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA Forms are FAA Forms 8260–3, 8260–4, 8260–5, 8260–15A, and 8260–15B when required by an entry on 8260–15A. The large number of SIAPs, Takeoff Minimums and ODPs, in addition to their complex nature and the need for a special format make publication in the Federal Register expensive and impractical. Furthermore, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their depiction on charts printed by publishers of aeronautical materials. The advantages of incorporation by reference are realized and publication of the complete description of each SIAP, Takeoff Minimums and ODP listed on FAA forms is unnecessary. This amendment provides the affected CFR sections and specifies the types of SIAPs and the effective dates of the, associated Takeoff Minimums and ODPs. This amendment also identifies the airport and its location, the procedure, and the amendment number. The Rule This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP, Takeoff Minimums and ODP as contained in the transmittal. Some SIAP and Takeoff Minimums and E:\FR\FM\05JAR1.SGM 05JAR1

Agencies

[Federal Register Volume 74, Number 2 (Monday, January 5, 2009)]
[Rules and Regulations]
[Pages 201-202]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31304]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 11

[Docket No. FAA-199-6622; Amendment No. 11-55]
RIN 2120-AG95


Clarification for Submitting Petitions for Rulemaking or 
Exemption

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: The Federal Aviation Administration (FAA) is making minor 
technical changes to the requirements for submitting a petition for 
rulemaking or exemption. In a final rule published in the Federal 
Register on December 5, 2007, the FAA inadvertently did not make 
conforming amendments to plain language requirements in the structure 
and content of the final rule. This technical amendment restructures or 
reorders the filing of petitions and incorporates a reference for 
additional filing guidance and instructions using the Federal Docket 
Management System (FDMS). These changes ensure general rulemaking 
procedures are clear, written in plain language, and better inform the 
public of administrative practices.

DATES: Effective Dates: This rule is effective January 5, 2009.

FOR FURTHER INFORMATION CONTACT: Katrina Holiday, Office of Rulemaking, 
ARM-202, Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone: (202-267-9680); facsimile: (202-267-
5075); e-mail: katrina.holiday@faa.gov.

SUPPLEMENTARY INFORMATION: The FAA published in the Federal Register on 
December 5, 2007 (72 FR 68474) a document that amended the regulations 
for submitting petitions for rulemaking or exemption. This technical 
amendment--
    (1) Incorporates a reference to available guidance and instructions 
that may ease the use of FDMS. This guidance is accessible via the 
Internet at https://www.regulations.gov, and additional instructions for 
petitions for rulemaking or exemption are also accessible via the 
Internet at https://www.faa.gov/regulations.
    (2) Amends 14 CFR 11.63(a) and (b) by reordering these paragraphs 
by order of importance to address in paragraph (a) general submissions 
of petitions for rulemaking or exemption, and paragraph (b) specific 
petitions for rulemaking or exemption for relief from part 139 of this 
chapter.
    Because these actions are merely administrative in nature, 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. 553(d) for

[[Page 202]]

making this amendment effective upon publication.

List of Subjects in 14 CFR Part 11

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

0
Accordingly, Title 14 of the Code of Federal Regulations (CFR) part 11 
is amended as follows:

The Amendments

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.


0
2. Revise Sec.  11.63(a), (b), and (c) to read as follows:


Sec.  11.63  How and to whom do I submit my petition for rulemaking or 
petition for exemption?

    (a) To submit a petition for rulemaking or exemption--
    (1) By electronic submission, submit your petition for rulemaking 
or exemption to FAA through the Internet at https://www.regulations.gov, 
the Federal Docket Management System Web site. For additional 
instructions, you may visit https://www.faa.gov/regulations.
    (2) 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.
    (b) Submit a petition for rulemaking or exemption from part 139 of 
this chapter--
    (1) To the appropriate FAA airport field office in whose area your 
airport is, or will be, established; and
    (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 by electronic submission to this Internet 
address: https://www.regulations.gov.
    (c) The FAA may designate other means by which you can submit 
petitions in the future.
* * * * *

    Issued in Washington, DC on December 30, 2008.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. E8-31304 Filed 1-2-09; 8:45 am]
BILLING CODE 4910-13-P

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