[Federal Register: December 5, 2007 (Volume 72, Number 233)]
[Rules and Regulations]
[Page 68473-68477]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de07-2]
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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.
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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removes outdated references, the FAA finds that notice and public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 http://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 http://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 http://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: http://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 http://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): http://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 http://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: http://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 http://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 http://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