Delegation of Authority, 24686 [2016-09656]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 81, Number 80 (Tuesday, April 26, 2016)]
[Notices]
[Page 24686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09656]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Delegation of Authority

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of delegation of authority.

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SUMMARY: The FAA is giving notice of a new delegation of authority from 
the Administrator to the Chief Counsel and to the Director of the 
Office of Adjudication regarding civil penalty actions under 14 CFR 
part 13 subpart G. The delegation was set forth in a memorandum signed 
by the Administrator dated March 28, 2016. The FAA is publishing the 
text of the delegation, so that it is available to interested parties. 
This delegation supersedes and replaces a previous delegation of 
authority by the Administrator by memorandum issued on October 27, 1992 
and published in the Federal Register on December 9, 1992. 57 FR 58280; 
December 9, 1992.

FOR FURTHER INFORMATION CONTACT: Marie A. Collins, Dispute Resolution 
Officer and Administrative Judge for the Office of Adjudication (AGC-
70), Federal Aviation Administration, 800 Independence Street, SW., 
Room 323, Washington, DC 20591; telephone (202) 267-3290; facsimile 
(202) 267-3720.

SUPPLEMENTARY INFORMATION: In civil penalty actions governed by the 
procedural rules in 14 CFR part 13, subpart G, the Administrator, 
acting as the FAA decisionmaker, is the official authorized to issue 
final agency decisions and orders. The Chief Counsel, the Assistant 
Chief Counsel for Litigation, and attorneys on his staff, have advised 
the Administrator, acting as FAA decisionmaker, regarding appeals from 
initial decisions in civil penalty actions under these procedural 
rules. By memorandum dated October 29, 1992, and published in the 
Federal Register on December 9, 1992, the Administrator delegated 
certain limited authority as the FAA decisionmaker in appeals in civil 
penalty cases to the Chief Counsel and the Assistant Chief Counsel, 
Litigation. Recently, when the Litigation Division was reorganized, the 
Assistant Chief Counsel for Litigation's authority to advise the 
Administrator regarding appeals from initial decisions was transferred 
to the Director of the Office of Adjudication. By memorandum dated 
March 28, 2016, the Administrator issued an updated delegation of 
authority to manage appeals in such civil penalty actions to the Chief 
Counsel and the Director of the Office of Adjudication.
    The full text of the March 28, 2016 delegation from the 
Administrator to the Chief Counsel and to the Director of the Office of 
Adjudication provides: In furtherance of an efficient FAA civil penalty 
appeals process, pursuant to 49 U.S.C. 322(b) and 14 CFR part 13 
subpart G, I hereby delegate authority to the Chief Counsel and to the 
Director of the Office of Adjudication as follows:
    a. To administer civil penalty appeals, to appoint personnel of the 
Office of Adjudication to manage all or portions of individual appeals; 
and to prepare written decisions and proposed final orders in such 
appeals;
    b. To issue procedural and other interlocutory orders aimed at 
proper and efficient case management, including, without limitation, 
scheduling and sanctions orders;
    c. To grant or deny motions to dismiss appeals;
    d. To dismiss appeals upon request of the appellant or by agreement 
of the parties;
    e. To provide voluntary alternative dispute resolution (ADR) 
services prior to or during the pendency of appeals, upon request of 
the parties, in accordance with established Department of 
Transportation and FAA policies;
    f. To stay decisions and orders of the FAA decisionmaker, pending 
judicial review or reconsideration by the FAA decisionmaker;
    g. To summarily dismiss repetitious or frivolous petitions to 
reconsider or modify orders;
    h. In matters subject to the Equal Access to Justice Act (EAJA), as 
implemented in CFR part 14, to execute and issue orders and final 
decisions on behalf of the Administrator on any EAJA applications;
    i. To correct typographical, grammatical and similar errors in the 
FAA decisionmaker's decisions and orders, and to make non-substantive 
editorial changes;
    j. To take all other reasonable steps deemed necessary and proper 
for the management of the civil penalty appeals process, in accordance 
with 14 CFR part 13 and applicable law.
    k. The foregoing authority may be re-delegated, as necessary.
    This Delegation supersedes and replaces the Delegation issued to 
the Chief Counsel and the Assistant Chief Counsel for Litigation, dated 
December 9, 1992 and the Re-delegation to the Adjudications Branch 
Manager, dated August 6, 1993.

    Issued in Washington, DC, on March 28, 2016.
Michael Huerta,
Administrator.
[FR Doc. 2016-09656 Filed 4-25-16; 8:45 am]
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