Update to Investigative and Enforcement Procedures and General Rulemaking Procedures; Technical Amendments, 61232-61233 [2022-21354]

Download as PDF 61232 Federal Register / Vol. 87, No. 195 / Tuesday, October 11, 2022 / Rules and Regulations ii. Establishing network rules or designating issuer priorities directing the processing of an electronic debit transaction on a specified payment card network or its affiliated networks, or directing the processing of the transaction away from a specified payment card network or its affiliates, except as: (A) A default rule in the event the merchant, or its acquirer or processor, does not designate a routing preference; or (B) If required by state law. iii. Requiring a specific payment card network to be used based on the form of debit card presented by the cardholder to the merchant (e.g., plastic card, payment code, or any other form of debit card as defined in § 235.2). * * * * * 5. No effect on network rules governing the routing of subsequent transactions. Section 235.7 does not supersede a payment card network rule that requires a chargeback or return of an electronic debit transaction to be processed on the same network that processed the original transaction. * * * * * By order of the Board of Governors of the Federal Reserve System. Ann E. Misback, Secretary of the Board. [FR Doc. 2022–21838 Filed 10–7–22; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 11 and 13 [Docket No.: FAA–2018–1051; Amdt. No.: 13–40A] RIN 2120–AK85 Update to Investigative and Enforcement Procedures and General Rulemaking Procedures; Technical Amendments Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT). ACTION: Final rule; technical amendments. AGENCY: The FAA is making technical amendments to the Update to Investigative and Enforcement Procedures final rule, which was published on October 1, 2021. The final rule document inadvertently removed a delegation of authority from the Administrator for certificate actions. Also, the FAA is adding the Office of Management and Budget (OMB) control number for an information collection in the final rule. DATES: Effective October 11, 2022. FOR FURTHER INFORMATION CONTACT: Cole R. Milliard, Office of the Chief Counsel, khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:23 Oct 07, 2022 Jkt 259001 AGC–300, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267–3452; email Cole.Milliard@faa.gov, or Jessica E. Kabaz-Gomez, Office of the Chief Counsel, AGC–300, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267–7395; email Jessica.Kabaz-Gomez@faa.gov. SUPPLEMENTARY INFORMATION: Electronic Access and Filing A copy of the Update to Investigative and Enforcement Procedures notice of proposed rulemaking (NPRM) (84 FR 3614, February 12, 2019), comments received, and final rule may be viewed online at https://www.regulations.gov using the docket number listed above. A copy of these technical amendments will be placed in the same docket. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year. An electronic copy of this document may also be downloaded from the Office of the Federal Register’s website at https:// www.federalregister.gov and the Government Publishing Office’s website at https://www.govinfo.gov. A copy may also be found at the FAA’s Regulations and Policies website at https:// www.faa.gov/regulations_policies. Copies may also be obtained by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM–1, 800 Independence Avenue SW, Washington, DC 20591, or by calling (202) 267–9677. Commenters must identify the docket or notice number of this rulemaking. All documents the FAA considered in developing these technical amendments, including economic analyses and technical reports, may be accessed in the electronic docket for this rulemaking. Good Cause for Adoption Without Prior Notice Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) authorizes agencies to dispense with notice and comment procedures for rules when the agency for ‘‘good cause’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Section 553(d)(3) of the APA requires that agencies publish a rule not less than 30 days before its effective date, except as otherwise provided by the agency for good cause found and published with the rule. This action makes technical amendments that will not impose any PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 additional substantive restrictions or requirements on any persons affected by the regulations. Therefore, the FAA finds that notice and public comment under 5 U.S.C. 553(b)(3)(B) is unnecessary and that good cause exists under 5 U.S.C. 553(d) for making this rule effective in less than 30 days. Background On October 1, 2021, the Update to Investigative and Enforcement Procedures final rule (RIN 2120–AL00) was published in the Federal Register at 86 FR 54514. After the rule was published, the FAA discovered that a delegation of the Administrator’s authority under 49 U.S.C. 44709 and 5121 previously codified in 14 CFR 13.19(b) was inadvertently deleted. On March 17, 2022, the Administrator issued a Delegation of Authority that authorized the Chief Counsel, the Deputy Chief Counsel, and the Assistant Chief Counsel for Enforcement to exercise his authority under 49 U.S.C. 44709 and 5121 to issue orders, including emergency orders, and also ratified all orders issued under these statutes between publication of the final rule and March 17, 2022. This technical amendment restores the delegation of the Administrator’s authority under 49 U.S.C. 44709(b)(1)(A), (b)(2), and 5121 to part 13 by inserting it in §§ 13.19(a)(2) and 13.70. This places part of the prior delegation that pertained to the Administrator’s authority to take certain certificate actions, as currently codified in 49 U.S.C. 44709(b)(1)(A) and (b)(2), in § 13.19 because this section pertains to certificate actions. The other part of the prior delegation that addressed the Administrator’s authority under the Hazardous Materials Transportation Act, as currently codified in 49 U.S.C. 5121, is being placed in § 13.70 of subpart E because it pertains to hazardous material actions. It is necessary to restore this delegation to the text of these regulations because it was inadvertently deleted, and to ensure consistency throughout part 13, which contains other codified delegations of the Administrator’s authority. This same final rule included an information collection subject to the Paperwork Reduction Act: formal complaints, codified at 14 CFR 13.5. Since the publication of the final rule, OMB has approved the formal complaint information collection. The FAA is therefore adding the formal complaint control number to the list of OMB control numbers for FAA information collections at 14 CFR 11.201. E:\FR\FM\11OCR1.SGM 11OCR1 Federal Register / Vol. 87, No. 195 / Tuesday, October 11, 2022 / Rules and Regulations 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. The Amendments Accordingly, the FAA amends 14 CFR parts 11 and 13 as set forth below: PART 11—GENERAL RULEMAKING PROCEDURES 1. The authority citation for part 11 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40109, 40113, 44110, 44502, 44701–44702, 44711, 46102, and 51 U.S.C. 50901–50923. 2. Amend the table in paragraph (b) of § 11.201 by adding an entry for ‘‘13.5’’ before the entry ‘‘Part 14’’ to read as follows: ■ § 11.201 Office of Management and Budget (OMB) control numbers assigned under the Paperwork Reduction Act. * * * (b) * * * * * 14 CFR part or section identified and described Current OMB control number 13.5 ....................................... * * * 2120–0795 * amending, modifying, suspending, or revoking all or part of any type certificate, production certificate, airworthiness certificate, airman certificate, air carrier operating certificate, air navigation facility certificate, or air agency certificate if as a result of a reinspection, reexamination, or other investigation, the Administrator determines that the public interest and safety in air commerce requires it, if a certificate holder has violated an aircraft noise or sonic boom standard or regulation prescribed under 49 U.S.C. 44715(a), or if the holder of the certificate is convicted of violating 16 U.S.C. 742j– 1(a). (2) The authority of the Administrator to issue orders under 49 U.S.C. 44709(b)(1)(A) and (b)(2) is delegated to the Chief Counsel, each Deputy Chief Counsel, and the Assistant Chief Counsel for Enforcement. * * * * * ■ 5. Add § 13.70 to subpart E to read as follows: § 13.70 Delegation of authority. The authority of the Administrator under 49 U.S.C. 5121(a) and (d) is delegated to the Chief Counsel, each Deputy Chief Counsel, and the Assistant Chief Counsel for Enforcement. Issued in Washington, DC, under the authority provided by 49 U.S.C. 106(f), 40101 note and 44807. Brandon Roberts, Executive Director, Office of Rulemaking. [FR Doc. 2022–21354 Filed 10–7–22; 8:45 am] BILLING CODE 4910–13–P * DEPARTMENT OF TRANSPORTATION PART 13—INVESTIGATIVE AND ENFORCEMENT PROCEDURES Federal Aviation Administration 3. The authority citation for part 13 is revised to read as follows: 14 CFR Part 39 ■ Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C. 106(g), 5121–5124, 5127, 40113–40114, 44103–44106, 44701–44704, 44709–44710, 44713, 44725, 44742, 44802 (note), 46101–46111, 46301, 46302 (for a violation of 49 U.S.C. 46504), 46304–46316, 46318, 46501–46502, 46504–46507, 47106, 47107, 47111, 47122, 47306, 47531–47532; 49 CFR 1.83. 4. Revise paragraph (a) of § 13.19 to read as follows: khammond on DSKJM1Z7X2PROD with RULES ■ § 13.19 Certificate actions appealable to the National Transportation Safety Board. (a) This section applies to certificate actions by the Administrator that are appealable to the National Transportation Safety Board. (1) Under 49 U.S.C. 44709(b) the Administrator may issue an order VerDate Sep<11>2014 16:23 Oct 07, 2022 Jkt 259001 [Docket No. FAA–2022–0888; Project Identifier MCAI–2021–01211–R; Amendment 39–22191; AD 2022–20–07] RIN 2120–AA64 Airworthiness Directives; Airbus Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is superseding Airworthiness Directive (AD) 2021–10– 10 for all Airbus Helicopters Model SA330J helicopters. AD 2021–10–10 required repetitively inspecting the main gearbox (MGB) particle detector and the MGB bottom housing (oil sump) for metal particles, analyzing any metal SUMMARY: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 61233 particles that are found, and replacing the MGB if necessary. Since the FAA issued AD 2021–10–10, additional review concluded that installing an improved planet gear assembly is necessary. This AD continues to require repetitively inspecting the MGB particle detector and the MGB bottom housing (oil sump) for metal particles, and analyzing any metal particles that are found, and also requires replacing the planet gear assembly and repetitively inspecting and establishing an airworthiness limitation for that assembly as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products. This AD is effective November 15, 2022. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 15, 2022. DATES: ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2022–0888; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. Material Incorporated by Reference: • For EASA material that is incorporated by reference (IBR) in this final rule, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: ADs@easa.europa.eu; internet: easa.europa.eu. You may find the EASA material on the EASA website at ad.easa.europa.eu. • You may view this this material at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222–5110. It is also available at regulations.gov under Docket No. FAA–2022–0888. FOR FURTHER INFORMATION CONTACT: Mahmood G. Shah, Aviation Safety Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; phone: 817–222– 5538; email: mahmood.g.shah@faa.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\11OCR1.SGM 11OCR1

Agencies

[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Rules and Regulations]
[Pages 61232-61233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21354]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 11 and 13

[Docket No.: FAA-2018-1051; Amdt. No.: 13-40A]
RIN 2120-AK85


Update to Investigative and Enforcement Procedures and General 
Rulemaking Procedures; Technical Amendments

AGENCY: Federal Aviation Administration (FAA), U.S. Department of 
Transportation (DOT).

ACTION: Final rule; technical amendments.

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

SUMMARY: The FAA is making technical amendments to the Update to 
Investigative and Enforcement Procedures final rule, which was 
published on October 1, 2021. The final rule document inadvertently 
removed a delegation of authority from the Administrator for 
certificate actions. Also, the FAA is adding the Office of Management 
and Budget (OMB) control number for an information collection in the 
final rule.

DATES: Effective October 11, 2022.

FOR FURTHER INFORMATION CONTACT: Cole R. Milliard, Office of the Chief 
Counsel, AGC-300, Federal Aviation Administration, 800 Independence 
Avenue SW, Washington, DC 20591; telephone (202) 267-3452; email 
[email protected], or Jessica E. Kabaz-Gomez, Office of the Chief 
Counsel, AGC-300, Federal Aviation Administration, 800 Independence 
Avenue SW, Washington, DC 20591; telephone (202) 267-7395; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    A copy of the Update to Investigative and Enforcement Procedures 
notice of proposed rulemaking (NPRM) (84 FR 3614, February 12, 2019), 
comments received, and final rule may be viewed online at https://www.regulations.gov using the docket number listed above. A copy of 
these technical amendments will be placed in the same docket. 
Electronic retrieval help and guidelines are available on the website. 
It is available 24 hours each day, 365 days each year. An electronic 
copy of this document may also be downloaded from the Office of the 
Federal Register's website at https://www.federalregister.gov and the 
Government Publishing Office's website at https://www.govinfo.gov. A 
copy may also be found at the FAA's Regulations and Policies website at 
https://www.faa.gov/regulations_policies.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing these technical 
amendments, including economic analyses and technical reports, may be 
accessed in the electronic docket for this rulemaking.

Good Cause for Adoption Without Prior Notice

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency for ``good cause'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Section 553(d)(3) of the APA requires that 
agencies publish a rule not less than 30 days before its effective 
date, except as otherwise provided by the agency for good cause found 
and published with the rule.
    This action makes technical amendments that will not impose any 
additional substantive restrictions or requirements on any persons 
affected by the regulations. Therefore, the FAA finds that notice and 
public comment under 5 U.S.C. 553(b)(3)(B) is unnecessary and that good 
cause exists under 5 U.S.C. 553(d) for making this rule effective in 
less than 30 days.

Background

    On October 1, 2021, the Update to Investigative and Enforcement 
Procedures final rule (RIN 2120-AL00) was published in the Federal 
Register at 86 FR 54514. After the rule was published, the FAA 
discovered that a delegation of the Administrator's authority under 49 
U.S.C. 44709 and 5121 previously codified in 14 CFR 13.19(b) was 
inadvertently deleted. On March 17, 2022, the Administrator issued a 
Delegation of Authority that authorized the Chief Counsel, the Deputy 
Chief Counsel, and the Assistant Chief Counsel for Enforcement to 
exercise his authority under 49 U.S.C. 44709 and 5121 to issue orders, 
including emergency orders, and also ratified all orders issued under 
these statutes between publication of the final rule and March 17, 
2022.
    This technical amendment restores the delegation of the 
Administrator's authority under 49 U.S.C. 44709(b)(1)(A), (b)(2), and 
5121 to part 13 by inserting it in Sec. Sec.  13.19(a)(2) and 13.70. 
This places part of the prior delegation that pertained to the 
Administrator's authority to take certain certificate actions, as 
currently codified in 49 U.S.C. 44709(b)(1)(A) and (b)(2), in Sec.  
13.19 because this section pertains to certificate actions. The other 
part of the prior delegation that addressed the Administrator's 
authority under the Hazardous Materials Transportation Act, as 
currently codified in 49 U.S.C. 5121, is being placed in Sec.  13.70 of 
subpart E because it pertains to hazardous material actions. It is 
necessary to restore this delegation to the text of these regulations 
because it was inadvertently deleted, and to ensure consistency 
throughout part 13, which contains other codified delegations of the 
Administrator's authority.
    This same final rule included an information collection subject to 
the Paperwork Reduction Act: formal complaints, codified at 14 CFR 
13.5. Since the publication of the final rule, OMB has approved the 
formal complaint information collection. The FAA is therefore adding 
the formal complaint control number to the list of OMB control numbers 
for FAA information collections at 14 CFR 11.201.

[[Page 61233]]

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.

The Amendments

    Accordingly, the FAA amends 14 CFR parts 11 and 13 as set forth 
below:

PART 11--GENERAL RULEMAKING PROCEDURES

0
1. The authority citation for part 11 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40109, 
40113, 44110, 44502, 44701-44702, 44711, 46102, and 51 U.S.C. 50901-
50923.


0
2. Amend the table in paragraph (b) of Sec.  11.201 by adding an entry 
for ``13.5'' before the entry ``Part 14'' to read as follows:


Sec.  11.201  Office of Management and Budget (OMB) control numbers 
assigned under the Paperwork Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                            Current OMB
     14 CFR part or section identified and described      control number
------------------------------------------------------------------------
13.5....................................................       2120-0795
 
                                * * * * *
------------------------------------------------------------------------

PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES

0
3. The authority citation for part 13 is revised to read as follows:

    Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C. 
106(g), 5121-5124, 5127, 40113-40114, 44103-44106, 44701-44704, 
44709-44710, 44713, 44725, 44742, 44802 (note), 46101-46111, 46301, 
46302 (for a violation of 49 U.S.C. 46504), 46304-46316, 46318, 
46501-46502, 46504-46507, 47106, 47107, 47111, 47122, 47306, 47531-
47532; 49 CFR 1.83.


0
4. Revise paragraph (a) of Sec.  13.19 to read as follows:


Sec.  13.19  Certificate actions appealable to the National 
Transportation Safety Board.

    (a) This section applies to certificate actions by the 
Administrator that are appealable to the National Transportation Safety 
Board.
    (1) Under 49 U.S.C. 44709(b) the Administrator may issue an order 
amending, modifying, suspending, or revoking all or part of any type 
certificate, production certificate, airworthiness certificate, airman 
certificate, air carrier operating certificate, air navigation facility 
certificate, or air agency certificate if as a result of a 
reinspection, reexamination, or other investigation, the Administrator 
determines that the public interest and safety in air commerce requires 
it, if a certificate holder has violated an aircraft noise or sonic 
boom standard or regulation prescribed under 49 U.S.C. 44715(a), or if 
the holder of the certificate is convicted of violating 16 U.S.C. 742j-
1(a).
    (2) The authority of the Administrator to issue orders under 49 
U.S.C. 44709(b)(1)(A) and (b)(2) is delegated to the Chief Counsel, 
each Deputy Chief Counsel, and the Assistant Chief Counsel for 
Enforcement.
* * * * *

0
5. Add Sec.  13.70 to subpart E to read as follows:


Sec.  13.70  Delegation of authority.

    The authority of the Administrator under 49 U.S.C. 5121(a) and (d) 
is delegated to the Chief Counsel, each Deputy Chief Counsel, and the 
Assistant Chief Counsel for Enforcement.

    Issued in Washington, DC, under the authority provided by 49 
U.S.C. 106(f), 40101 note and 44807.
Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2022-21354 Filed 10-7-22; 8:45 am]
BILLING CODE 4910-13-P
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