Unknown. Final rule

10,141 words·~46 min read·/register/2006/12/05/06-9508

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2006-12-05.xml --- 71 233 Tuesday, December 5, 2006 Contents Agriculture Agriculture Department See Cooperative State Research, Education, and Extension Service See Food Safety and Inspection Service See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 70501 E6-20533 Alcohol Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Alcohol; viticultural area designations:

San Francisco Bay, Solano County, CA, 70472-70476 E6-20504 Alcohol, tobacco, and other excise taxes: Cigars and cigarettes; tax classification, 70476 E6-20506 Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals; withdrawn, 70536 E6-20580 Broadcasting Broadcasting Board of Governors NOTICES Meetings; Sunshine Act, 70506 06-9536 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 70516-70518 E6-20535 E6-20539 Coast Guard Coast Guard RULES Drawbridge operations:

Louisiana, 70467-70468 E6-20485 E6-20486 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Cooperative Cooperative State Research, Education, and Extension Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 70501-70503 E6-20555 Customs Customs and Border Protection Bureau NOTICES Commercial gauger and laboratory accreditations:

Approval— Oiltest, Inc., 70524 E6-20488 SGS North America Inc., 70524 E6-20492 E6-20493 Defense Defense Department NOTICES Consumer credit extended to service members and dependents; terms limitations, 70512 06-9518 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 70512 06-9547 Employee Employee Benefits Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 70544-70547 E6-20519 E6-20520 E6-20521 E6-20522 Energy Energy Department RULES Assistance regulations:

Nonprocurement debarment and suspension; CFR parts established, changed, and removed, 70457-70460 E6-20518 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Missouri, 70468-70471 E6-20446 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Missouri, 70476-70477 E6-20445 NOTICES Air programs: Stratospheric ozone protection— Essential use exemptions (2008 and 2009 CYs); applications, 70512-70514 E6-20541 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Class E airspace, 70465-70466 E6-20489 Practice and procedure:

Civil penalty actions; technical amendment, 70460-70465 06-9508 Restricted areas, 70466-70467 E6-20490 E6-20491 NOTICES Aeronautical land-use assurance; waivers: Concord Regional Airport, NC, 70577 06-9511 Rogue Valley International-Medford Airport, OR, 70577-70578 06-9512 Agency information collection activities; proposals, submissions, and approvals, 70578-70579 06-9507 06-9509 06-9510 Meetings: RTCA, Inc., 70579-70580 06-9505 06-9506 Federal Highway Federal Highway Administration NOTICES Highway planning and construction; licenses, permits, approvals, etc.:

Oak Park Heights, Washington County, MN to St. Joseph, St. Croix County, WI, 70580-70581 06-9519 Federal Housing Federal Housing Enterprise Oversight Office NOTICES Reports and guidance documents; availability, etc.: Federal antidisrimination, whistleblower protection, and retaliation laws; No FEAR Act notice, 70525-70526 E6-20503 Federal Railroad Federal Railroad Administration PROPOSED RULES Railroad safety: Federal railroad safety law or regulation violations; civil penalties schedule, 70590-70637 E6-20031 NOTICES Agency information collection activities; proposals, submissions, and approvals, 70581-70583 E6-20501 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 70514 E6-20526 Formations, acquisitions, and mergers, 70514-70515 E6-20527 Federal Transit Federal Transit Administration NOTICES Grants and cooperative agreements; availability, etc.: Alternative Transportation in Parks and Public Lands Program, 70583-70586 E6-20540 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— Sacramento Mountains thistle; 5-year status review, 70479-70483 E6-20317 Tricolored blackbird, 70483-70492 E6-20547 Food Food and Drug Administration NOTICES Meetings:

Anti-Infective Drugs Advisory Committee et al., 70518 E6-20538 Food Food Safety and Inspection Service NOTICES Meat and poultry inspection: Product labeling; definition of term natural, 70503-70505 06-9546 Forest Forest Service NOTICES Recreation fee areas: Malheur National Forest, OR; campground fees, 70505-70506 06-9520 GSA General Services Administration NOTICES Privacy Act; systems of records, 70515-70516 E6-20484 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 70518-70519 E6-20531 Meetings:

Nurse Education and Practice National Advisory Council, 70519 E6-20532 Reports and guidance documents; availability, etc.: Poison control centers certification standards; approval criteria/guidelines establishment; comment response, 70519-70520 E6-20564 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See Transportation Security Administration Housing Housing and Urban Development Department See Federal Housing Enterprise Oversight Office Information Information Security Oversight Office NOTICES Meetings:

Public Interest Declassification Board, 70550-70551 E6-20505 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office International International Trade Administration NOTICES Antidumping: Hot-rolled carbon steel products from— Various countries, 70506-70508 E6-20553 Polyester staple fiber from— China, 70508 E6-20566 Solid agricultural grade ammonium nitrate from— Ukraine, 70508-70509 E6-20551 Steel concrete reinforcing bars from— Various countries, 70509-70511 E6-20549 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 70535-70536 E6-20511 E6-20581 Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 70536-70539 E6-20508 E6-20509 E6-20510 E6-20512 Labor Labor Department See Employee Benefits Security Administration See Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 70539-70542 E6-20483 E6-20523 E6-20524 E6-20525 International Labor Affairs Bureau:

Child labor; efforts by certain countries to eliminate worst forms; information request, 70542-70544 E6-20561 Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.: Montana, 70526-70527 E6-20546 Withdrawal and reservation of lands: New Mexico, 70527-70530 E6-20528 E6-20565 E6-20567 Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers: CIRCADIAN, 70586 E6-20497 DREAM ON, 70586-70587 E6-20498 GRAND PAUSE, 70587 E6-20500 OFISHAL BUSINESS, 70587 E6-20496 PASSAGES, 70587-70588 E6-20499 Minerals Minerals Management Service NOTICES Outer Continental Shelf Operations:

Oil and gas lease sales— Restricted joint bidders list, 70530 E6-20495 Mine Mine Safety and Health Administration NOTICES Petitions for safety standards modification; summary of affirmative decisions, 70547-70550 E6-20569 E6-20571 National Archives National Archives and Records Administration See Information Security Oversight Office National Highway National Highway Traffic Safety Administration PROPOSED RULES Motor vehicle safety standards: Occupant crash protection— Dynamic crash tests; belted test dummies in rear seats, and unrestrained cargo test; rulemaking petition denied, 70477-70479 E6-20487 National Institute National Institute of Standards and Technology NOTICES Inventions, Government-owned; availability for licensing, 70511 E6-20582 NIH National Institutes of Health NOTICES Meetings:

Innovation and Technology Transfer; second annual Philip S. Chen, Jr., Ph.D. Distinguished Lecture, 70520 E6-20577 National Heart, Lung, and Blood Institute, 70520 06-9525 National Institute of Neurological Disorders and Stroke, 70521-70522 06-9528 06-9529 National Institute on Deafness and Other Communication Disorders, 70521 06-9526 National Institute on Drug Abuse, 70520-70521 06-9524 Scientific Review Center, 70522-70523 06-9527 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries and conservation management:

Northeastern United States fisheries— Atlantic mackerel, squid, and butterfish, 70493-70500 E6-20578 Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— King mackerel, 70492-70493 E6-20588 NOTICES Agency information collection activities; proposals, submissions, and approvals, 70511 E6-20513 National Park National Park Service NOTICES Environmental statements; notice of intent: Ozark National Scenic Riverways, MO, 70530-70531 06-9521 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.:

Energy Northwest, 70551-70552 E6-20568 Meetings: Nuclear Waste Advisory Committee, 70552-70553 E6-20515 Meetings; Sunshine Act, 70553 06-9535 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 70553-70569 E6-20329 Nuclear Nuclear Waste Technical Review Board NOTICES Reports and guidance documents; availability, etc.: Federal antidiscrimination, whistleblower protection, and retaliation laws; No FEAR Act notice, 70569-70570 06-9514 Office Office of Federal Housing Enterprise Oversight See Federal Housing Enterprise Oversight Office Personnel Personnel Management Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 70570 E6-20554 Presidential Presidential Documents EXECUTIVE ORDERS Government agencies and employees:

Personnel Management Office; assignment of certain pay-related functions (EO 13415), 70639-70641 06-9561 President's President's Council on Integrity and Efficiency NOTICES Senior Executive Service Performance Review Board; membership, 70570-70575 E6-20548 Reclamation Reclamation Bureau NOTICES Meetings: California Bay-Delta Public Advisory Committee, 70531 06-9513 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: New York Stock Exchange LLC, 70575-70577 E6-20517 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 70523-70524 E6-20534 Surface Surface Mining Reclamation and Enforcement Office NOTICES Valid existing rights determination requests:

Daniel Boone National Forest, KY; existing Forest Service road use, 70531-70535 E6-20507 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration Transportation Transportation Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 70524-70525 E6-20550 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau Separate Parts In This Issue Part II Transportation Department, Federal Railroad Administration, 70590-70637 E6-20031 Part III Executive Office of the President, Presidential Documents, 70639-70641 06-9561 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 71 233 Tuesday, December 5, 2006 Rules and Regulations DEPARTMENT OF ENERGY 2 CFR Part 901 10 CFR Parts 600 and 606 RIN 1991-AB74 Nonprocurement Debarment and Suspension AGENCY: Department of Energy. ACTION: Final rule. SUMMARY:

The Department of Energy

(DOE)is moving its regulations on nonprocurement debarment and suspension from their current location in title 10 of the Code of Federal Regulations

(CFR)to title 2 of the CFR, and is adopting the format established by the Office of Management and Budget

(OMB)in a notice of interim final guidance on nonprocurement debarment and suspension published in the **Federal Register** on August 31, 2005. In today's rule, DOE establishes a new 2 CFR part 901 that adopts OMB's final government-wide guidance on nonprocurement debarment and suspension and contains supplemental DOE nonprocurement debarment and suspension provisions. In addition, this rule removes 10 CFR part 606, the existing DOE nonprocurement debarment and suspension regulations, and makes a conforming change to 10 CFR part 600. These changes constitute an administrative simplification that makes no substantive change in DOE policy or procedures for nonprocurement debarment and suspension. DATES: *Effective Date:* This final rule is effective on December 5, 2006. FOR FURTHER INFORMATION CONTACT: Cynthia Yee, Office of Procurement and Assistance Management, Department of Energy, Mail Stop MA-61, 1000 Independence Avenue, SW., Washington, DC 20585, telephone 202-287-1666 and e-mail: *Cynthia.yee@hq.doe.gov.* SUPPLEMENTARY INFORMATION: I. Introduction On May 11, 2004, OMB established title 2 of the CFR with two subtitles (69 FR 2627). Subtitle A, “Government-wide Grants and Agreements,” contains OMB policy guidance to Federal agencies on grants and agreements. Subtitle B, “Federal Agency Regulations for Grants and Agreements,” contains Federal agencies' regulations implementing the OMB guidance, as it applies to grants and other financial assistance agreements and nonprocurement transactions. On August 31, 2005, OMB published interim final guidance for government-wide nonprocurement debarment and suspension in the **Federal Register** (70 FR 51863). The guidance was located in title 2 of the CFR as new subtitle A, chapter 1, part 180. The interim final guidance updated previous OMB guidance that was issued pursuant to Executive Order 12549, “Debarment and Suspension” (February 18, 1986), which gave government-wide effect to each agency's nonprocurement debarment and suspension actions. Section 6 of the Executive order authorized OMB to issue guidance to Executive agencies on nonprocurement debarment and suspension, including provisions prescribing government-wide criteria and minimum due process procedures. Section 3 directed Executive agencies to issue regulations implementing the Executive order that are consistent with the OMB guidelines. The interim final guidance at 2 CFR part 180 conforms the OMB guidance with the Federal agencies' November 26, 2003, update to the common rule on nonprocurement debarment and suspension ( *see* 70 FR 51864). Although substantively the same as the common rule, OMB's interim final guidance was published in a form suitable for agency adoption, thus eliminating the need for each agency to repeat the full text of the OMB government-wide guidance in its implementing regulations. This new approach is intended to make it easier for recipients of covered transactions or respondents in suspension or debarment actions to discern agency-to-agency variations from the common rule language; reduce the volume of Federal regulations in the CFR; and streamline the process for updating the government-wide requirements on nonprocurement debarment and suspension (70 FR 51864). On November 15, 2006, OMB published a final rule adopting the interim final guidance with changes (71 FR 66431). This final rule places DOE's nonprocurement debarment and suspension regulations in subtitle B of title 2 of the CFR, along with other agencies' nonprocurement debarment and suspension rules. This action was required by the OMB interim final guidance, which is made final on November 15, 2006 ( *see* 2 CFR 180.20, 180.25, 180.30 and 180.35). The new CFR part 901 adopts the OMB guidelines with additions and clarifications that DOE made to the common rule on nonprocurement suspension and debarment in the DOE rule published on November 26, 2003 (68 FR 66566-68). The substance of DOE's nonprocurement debarment and suspension regulations is unchanged. DOE is removing 10 CFR part 606, which was added to the CFR as part of the November 2003 common rule. DOE also is amending a provision in its Financial Assistance Rules (10 CFR 600.23) to update the reference to DOE's nonprocurement debarment and suspension regulations. II. Procedural Requirements A. Executive Order 12866 OMB has determined this rule to not be a “significant regulatory action” under Executive Order 12866, “Regulatory Planning and Review,” 58 FR 51735 (October 4, 1993). Accordingly, this action was not subject to review under that Executive Order by the Office of Information and Regulatory Affairs within OMB. B. Regulatory Flexibility Act of 1980 The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) requires preparation of an initial regulatory flexibility analysis for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, “Proper Consideration of Small Entities in Agency Rulemaking,” 67 FR 53461 (August 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the rulemaking process (68 FR 7990). DOE has made its procedures and policies available on the Office of General Counsel's Web site: *http://www.gc.doe.gov.* DOE today is amending its nonprocurement debarment and suspension procedures. Because a general notice of proposed rulemaking is not required for this rulemaking, the Regulatory Flexibility Act requirements do not apply. C. Unfunded Mandates Act of 1995 This regulatory action does not contain a Federal mandate that will result in the expenditure by State, local, and tribal governments, in aggregate, or by the private sector of $100 million or more in any one year. D. Paperwork Reduction Act of 1995 This final rule does not impose any new collection of information subject to review and approval by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* E. Federalism This regulatory action does not have Federalism implications, as set forth in Executive Order 13132. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. F. National Environmental Policy Act DOE has determined that this rule is covered under the Categorical Exclusion found in the Department's National Environmental Policy Act regulations at paragraph A.6 of Appendix A to Subpart D, 10 CFR Part 1021, which applies to rulemakings that are strictly procedural. Today's final rule makes non-substantive changes to DOE's nonprocurement debarment and suspension procedures. Accordingly, neither an environmental assessment nor an environmental impact statement is required. G. Treasury and General Government Appropriations Act, 1999 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any proposed rule that may affect family well being. This rule will not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment. H. Executive Order 12988 With respect to the review of existing regulations and the promulgation of new regulations, Section 3(a) of Executive Order 12988, “Civil Justice Reform,” 61 FR 4729 (February 7, 1996), imposes on Executive agencies the general duty to adhere to the following requirements:

(1)Eliminate drafting errors and ambiguity;

(2)write regulations to minimize litigation; and

(3)provide a clear legal standard for affected conduct rather than a general standard and promote simplification and burden reduction. With regard to the review required by Section 3(a), Section 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation:

(1)Clearly specifies the preemptive effect, if any;

(2)clearly specifies any effect on existing Federal law or regulation;

(3)provides a clear legal standard for affected conduct while promoting simplification and burden reduction;

(4)specifies the retroactive effect, if any;

(5)adequately defines key terms; and

(6)addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in Section 3(a) and Section 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, the final rule meets the relevant standards of Executive Order 12988. I. Treasury and General Government Appropriations Act, 2001 The Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). DOE has reviewed today's notice under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. J. Executive Order 13211 Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” 66 FR 28355 (May 22, 2001) requires Federal agencies to prepare and submit to the OMB, a Statement of Energy Effects for any proposed significant energy action. A “significant energy action” is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule, and that:

(1)Is a significant regulatory action under Executive Order 12866, or any successor order; and

(2)is likely to have a significant adverse effect on the supply, distribution, or use of energy, or

(3)is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. Today's regulatory action would not have a significant adverse effect on the supply, distribution, or use of energy and is therefore not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects. K. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of today's rule prior to its effective date. The report will state that it has been determined that the rule is not a “major rule” as defined by 5 U.S.C. 804(2). III. Approval of the Office of the Secretary of Energy Issuance of this final rule has been approved by the Office of the Secretary of Energy. List of Subjects 2 CFR Part 901 Administrative practice and procedure, Debarment and suspension, Grant programs, Reporting and recordkeeping requirements. 10 CFR Part 600 Administrative practice and procedure, Assistance programs. 10 CFR Part 606 Administrative practice and procedure, Debarment and suspension, Government contracts, Grant programs, Loan programs, Reporting and recordkeeping requirements. Issued in Washington, DC on November 29, 2006. Edward R. Simpson, Director, Office of Procurement and Assistance Management, Office of Management, Department of Energy. David O. Boyd, Acting Director, Office of Acquisition and Supply Management, National Nuclear Security Administration. Accordingly, DOE hereby amends subtitle B of title 2 and Chapter II of title 10 of the Code of Federal Regulations, as set forth below: Title 2—Grants and Agreements 1. Add Chapter 9, consisting of Part 901 to Subtitle B to read as follows: CHAPTER 9—Department of Energy PART 901—NONPROCUREMENT DEBARMENT AND SUSPENSION Sec. 901.10 What does this part do? 901.20 Does this part apply to me? 901.30 What policies and procedures must I follow? Subpart A—General 901.137 Who in the Department of Energy may grant an exception to let an excluded person participate in a covered transaction? Subpart B—Covered Transactions 901.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? Subpart C—Responsibilities of Participants Regarding Transactions 901.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business? Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions 901.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? Subpart E-H—[Reserved] Subpart I—Definitions 901.930 Debarring official (Department of Energy supplement to government-wide definition at 2 CFR 180.935). 901.950 Federal agency (Department of Energy supplement to government-wide definition at 2 CFR 180.910). 901.1010 Suspending official (Department of Energy supplement to government-wide definition at 2 CFR 180.1010). Subpart J [Reserved] Authority: Sec. 2455, Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note); E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR, 1989 Comp., p. 235); 42 U.S.C. 7101 *et seq.* ; 50 U.S.C. 2401 *et seq.* § 901.10 What does this part do? This part adopts the Office of Management and Budget

(OMB)guidance in subparts A through I of 2 CFR part 180, as supplemented by this part, as the DOE policies and procedures for nonprocurement debarment and suspension. It thereby gives regulatory effect for DOE to the OMB guidance as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR 1986 Comp., p. 189); Executive Order 12689, “Debarment and Suspension” (3 CFR 1989 Comp., p. 235); and section 2455 of the Federal Acquisition Streamlining Act of 1994, Pub. L. 103-355 (31 U.S.C. 6101 note). § 901.20 Does this part apply to me? This part and, through this part, pertinent portions of the OMB guidance in subparts A through I of 2 CFR part 180 (see table at 2 CFR 180.100(b)) apply to you if you are a—

(a)Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970);

(b)Respondent in a DOE suspension or debarment action;

(c)DOE debarment or suspension official; and

(d)DOE grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction. § 901.30 What policies and procedures must I follow? The DOE policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance in subparts A through I of 2 CFR part 180 and any supplemental policies and procedures set forth in this part. Subpart A—General § 901.137 Who in the Department of Energy may grant an exception to let an excluded person participate in a covered transaction? The Director, Office of Procurement and Assistance Management, DOE, for DOE actions, and the Director, Office of Acquisition and Supply Management, NNSA, for NNSA actions, may grant an exception permitting an excluded person to participate in a particular covered transaction. If the Director, Office of Procurement and Assistance Management, DOE, for DOE actions, and Director, Office of Acquisition and Supply Management, NNSA, for NNSA actions, grants an exception, the exception must be in writing and state the reason(s) for deviating from the government-wide policy in Executive Order 12549. Subpart B—Covered Transactions § 901.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? Although the OMB guidance at 2 CFR180.220(c) allows a Federal agency to do so (also see optional lower tier coverage in the figure in the Appendix to 2 CFR part 180), DOE does not extend coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts under a covered nonprocurement transaction. Subpart C—Responsibilities of Participants Regarding Transactions § 901.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business? You, as a participant, must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart. Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions § 901.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, as supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions. Subpart E-H—[Reserved] Subpart I—Definitions § 901.930 Debarring official (Department of Energy supplement to government-wide definition at 2 CFR 180.930). The Debarring Official for the Department of Energy, exclusive of NNSA, is the Director, Office of Procurement and Assistance Management, DOE. The Debarring Official for NNSA is the Director, Office of Acquisition and Supply Management, NNSA. § 901.950 Federal agency (Department of Energy supplement to government-wide definition at 2 CFR 180.950). *DOE* means the U.S. Department of Energy, including the NNSA. *NNSA* means the National Nuclear Security Administration. § 901.1010 Suspending official (Department of Energy supplement to government-wide definition at 2 CFR 180.1010). The suspending official for the Department of Energy, exclusive of NNSA, is the Director, Office of Procurement and Assistance Management, DOE. The suspending official for NNSA is the Director, Office of Acquisition and Supply Management, NNSA. Subpart J—[Reserved] Title 10—Energy Chapter II, Subchapter H PART 600—FINANCIAL ASSISTANCE RULES 2. The authority citation for part 600 continues to read as follows: Authority: 42 U.S.C. 7101 *et seq.* ; 31 U.S.C. 6301-6308; 50 U.S.C. 2401 *et seq.* , unless otherwise noted. § 600.23 [Amended] 3. Section 600.23 of subpart A is amended by removing “10 CFR part 1036” and adding “2 CFR part 901” in lieu thereof. PART 606—GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 4. Remove part 606. [FR Doc. E6-20518 Filed 12-4-06; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 13 [Docket No. FAA-2006-26477] Rules of Practice in FAA Civil Penalty Actions AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; technical amendment. SUMMARY: We are amending the procedural regulations governing the FAA's administrative assessment of civil penalties for violations of certain provisions of the Federal aviation statute and the Federal hazardous materials. We are also amending the FAA's procedural regulations governing non-civil penalty enforcement matters. These change are necessary to update the regulations and to reflect statutory changes. The intended effect of these changes is to ensure that regulated parties have current and correct procedural information. DATES: This rule is effective on December 5, 2006. FOR FURTHER INFORMATION CONTACT: Vicki Sherman Leemon, Office of the Chief Counsel, Adjudication Branch, AGC-439, 800 Independence Avenue, SW., Washington, DC 20591; telephone 202/385-8227. SUPPLEMENTARY INFORMATION: Background The Administrator of the FAA may impose a civil penalty not exceeding specified amounts on a person, other than an individual acting as a pilot, flight engineer, mechanic or repairman, only after notice and an opportunity for hearing on the record under 49 U.S.C. 46301(d)(7)(A). The Administrator's authority to assess civil penalties under 49 U.S.C. 46301(d) extends only to civil penalties that do not exceed the maximum amounts specified in 49 U.S.C. 46301(d)(8) as follows:

(a)$50,000, if the violation was committed by a person before December 12, 2003 (the date of enactment of Vision 100—Century of Aviation Reauthorization Act);

(b)$400,000 if the violation was committed by a person other than an individual or small business concern on or after December 12, 2003;

(c)$50,000, if the violation was committed by an individual or small business concern on or after December 12, 2003. To implement this civil penalty assessment authority, we issued procedural rules published at 14 CFR 13,16 and 14 CFR Part 13, subpart G (14 CFR 13.201-13.235). Section 13.16 of Part 13 includes the procedures we follow when notifying a person, other than an individual acting as a pilot, flight engineer, mechanic or repairman, about alleged violations and proposed civil penalties, and for that person to use to request a hearing before a Department of Transportation

(DOT)administrative law judge. The hearing process is governed by the regulations included in 14 CFR 13.16 and 14 CFR part 13, subpart G. Under these rules, the Administrator, acting in her capacity as the FAA decisionmaker, resolves any appeals of initial decisions rendered by an administrative law judge. See 14 CFR 13.16(j), 13.202 (definition of FAA decisionmaker), and 13.233(j). We use 14 CFR 13.16 and 14 CFR Part 13, subpart G when assessing civil penalties not exceeding 49 U.S.C. 46301(d)(8)'s limits for violations arising from many different provisions of the Federal aviation statute. Specifically, we use these regulations when assessing civil penalties for violations of statutory provisions listed in the first sentence of 49 U.S.C. 46301(d)(2) or any of their implementing regulations. Under the first sentence of 49 U.S.C. 46301(d)(2), the Administrator may impose a civil penalty for violations of the following statutory provisions of any regulations implementing those provisions:

(a)Chapter 401 (except sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117) of Title 49;

(b)Chapter 441 (except section 44109) of Title 49;

(c)Sections 44502(b) and

(c)of Title 49;

(d)Chapter 447 (except sections 44717 and 44719-44723) of Title 49;

(e)Section 46301(b) of Title 49;

(f)Section 46302 (for a violation relating to section 46504) of Title 49;

(g)Section 46318 of Title 49;

(h)Section 47107(b) of Title 49. Many of the statutory provisions listed in the first sentence of 49 U.S.C. 56301(d)(2) are aviation safety-related. *See e.g.,* 49 U.S.C. chapter 447, entitled “Safety Regulation,” and 49 U.S.C. 46301(b) prohibiting tampering with smoke detectors; *but see e.g.,* 49 U.S.C. 47107(b) conditioning the approval of airport development grant applications upon the receipt by the FAA of written assurances that local taxes on aviation fuel and public airport revenues will only be expended for certain purposes. The procedural rules in 14 CFR 13.16 and 14 CFR part 13, subpart G, also apply when we asses a civil penalty not exceeding 49 U.S.C. 46301(d)(8)s' limits for violations of certain statutory provisions of the Federal aviation statute, or their implementing regulations, not listed in the first sentence of 49 U.S.C. 46301(d)(2). Persons who violate 49 U.S.C. 47528, 47529 or 47530, or any regulation issued under those sections, are subject to a civil penalty. Sections 47528 through 47530 of Title 49 prohibit the operation of certain aircraft when those aircraft do not comply with the Stage 3 noise levels (see 14 CFR part 91, subpart I). Section 47531 of Title 49 provides that a person violating one of those statutory provisions or implementing regulations is subject to the same civil penalty amounts and procedures under chapter 463 as a person violating section 44701(a) or

(b)or any of sections 44702-44716 (which are listed in 49 U.S.C. 46301(D)(2)). When assessing civil penalties that do not exceed 49 U.S.C. 46301(d)(8)'s limitations, for violations of 49 U.S.C. 47528, 47529 or 47530, we use the procedures for notice and opportunity for a hearing on the record provided in 14 CFR 13.16 and 14 CFR part 13, subpart G. In addition, under the Federal hazardous materials transportation statute, 49 U.S.C. 5123, and 49 CFR 1.47(k), the Administrator may assess a civil penalty against any person who knowingly violates the Federal hazardous materials transportation statute, 49 U.S.C. chapter 51, or any of its implementing regulations. Section 5123 of Title 49 does not limit the total civil penalty that the Administrator may assess for violations of the Federal hazardous materials transportation statute or its implementing regulations. The limitations set forth in 49 U.S.C. 46301(d)(8) do not apply in hazardous materials cases when the Administrator initiates civil penalty actions under the Federal hazardous materials transportation statute, 49 U.S.C. 5123, and 14 CFR 1.47(k). We use 14 CFR 13.16 and 14 CFR part 13, subpart G, when assessing civil penalties in cases involving the transportation of hazardous materials by air. The FAA also issues enforcement orders that do not assess civil penalties. For example, we issue cease and desist orders under 14 CFR 13.20, and orders of compliance under 14 CFR 13.71-13.87. Requests for hearing from these proposed orders are filed in the Hearing Docket. The procedural rules in 14 CFR part 13, subpart D govern proceedings in these cases, in which requests for hearing are filed under 14 CFR 13.19(c)(5), 13.20(c), 13.20(d), 13.75(a)(2), 13.75(b) or 13.81(e). This Rulemaking 1. We are updating 14 CFR 13.16 and 14 CFR part 13, subpart G in this rulemaking as follows. a. *The Applicability of 14 CFR 13.16 and 14 CFR part 13, subpart G.* In October 2004, we amended the civil penalty assessment procedure in 14 CFR part 13, including 14 CFR 13.16 and 14 CFR part 13, subpart G. 69 FR 59490, October 4, 2004. We explained in the preamble that we were amending section 13.16 to update the list of statutory provisions authorizing the FAA to assess civil penalties. 69 FR at 59493. We revised section 13.16 when assessing “a civil penalty against a person other than an individual acting as a pilot, flight engineer, mechanic or repairman for a violation cited in 49 U.S.C. 46301(d)(2) or 47531.” 69 FR at 59493 and 59496. We added a new section 13.16(c) for the administrative assessment of civil penalties against all persons for violations of 49 U.S.C. chapter 51, the Federal hazardous materials transportation statute. Further, we amended 14 CFR 13.201(a) to explain that 14 CFR part 13, subpart G applies to all civil penalty actions initiated under 14 CFR 13.16 in which a person requests a hearing. The revision of section 13.16(a)—regarding the use of 14 CFR 13.16's procedures in civil penalty actions for violations cited in 49 U.S.C. 46301(d)(2) or 47531—appeared in the 2005 volume of the Code of Federal Regulations. However, the phrase “or 47531” did not appear in section 13.16(a) when the 2006 volume of the Code of Federal Regulations was printed. We reiterate here that we use the procedures in 14 CFR 13.16 (and 14 CFR part 13, subpart G when a hearing is requested) when assessing civil penalties for violations of the statutory provisions cited in 49 U.S.C. 47531 or of any implementing rules, regulations or orders. We are also amending section 13.16(a), as well as certain regulations in subpart G, to clarify that we use the procedures set forth in section 14 CFR 13.16 and part 13, subpart G, for violations of provisions of the Federal aviation statute listed in the first sentence of 49 U.S.C. 46301(d). The first sentence of 49 U.S.C. 46301(d)(2) authorizes the FAA Administrator to assess civil penalties for violations offering provisions of the Federal aviation statute. The second sentence sets forth the civil penalty assessment authority of the Secretary of Homeland Security. b. Judicial review of final agency orders assessing a civil penalty for violations of the Federal aviation statute, the Federal hazardous materials transportation law, or any implementing rules, regulations or orders. Judicial review of final agency orders assessing civil penalties for violations of the Federal aviation statute and its implementing regulations is available in the appropriate Federal court of appeals under 49 U.S.C. 46110. Under 49 U.S.C. 46110, a person affected by an order issued by the Administrator of the FAA under part A or part B, or section 114(l) or

(s)of the Federal aviation statute, may file a petition for review of that order in the United States Court of Appeals for the District of Columbia Circuit or in the United States court of appeals for the circuit in which the person resides or has that person's principal place of business. Under 49 U.S.C. 46110(a), the petition for review must be filed not later than 60 days after the issuance of the order, unless a Federal court finds that reasonable grounds exist for the late-filing. Judicial review of civil penalty orders issued under the Federal aviation statute is also provided under the following: • 49 U.S.C. 46301(d)(7)(D)(iii) providing that judicial review of any order assessing a civil penalty for a violation of 49 U.S.C. 47107(b) or any grant assurance under that section for misuse of public airport revenues may be obtained only under 49 U.S.C. 46110; • 49 U.S.C. 46301(g) providing that “[a]n order of the * * * Administrator imposing a civil penalty may be reviewed judicially only under section 46110 of this title.” • 49 U.S.C. 47532 (and 49 CFR 1.47(s)) providing that an action taken by the Administrator under 49 U.S.C. 47528, 47529 or 47530 regarding the operation of certain aircraft not in compliance with stage 3 noise levels is subject to judicial review as provided under 49 U.S.C. 46110. Before the enactment of the Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for Users (SAFETEA-LU) in 2005, the Federal hazardous materials transportation law, 49 U.S.C. chapter 51, was silent on the issue of judicial review of an order assessing a civil penalty. As a result, final agency orders assessing civil penalties in cases involving the transportation by air of hazardous materials were subject to review in the appropriate United States district court under 5 U.S.C. 701, *et seq.* , and 28 U.S.C. 1331. SAFETEA-LU added a new section 5127 to the Federal hazardous materials transportation statute, 49 U.S.C. 5127, pertaining specifically to judicial review of final orders. Section 5127 of Title 49 now provides that a person aggrieved by a final agency action involving the transportation of hazardous materials may file a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States in the circuit which the party resides or has the party's principal place of business. Thus, under SAFETEA-LU, persons aggrieved by a final order issued by the Administrator arising from the transportation by air of a hazardous materials may petition the appropriate Federal court of appeals for review. Under the new 49 U.S.C. 5127, a petitioner must file the petition for review no later than 60 days after the action “ *becomes final* .” 49 U.S.C. 5127 (emphasis added.) Decisions and orders in hazardous materials cases issued by the Administrator under 14 CFR 13.233(j)(2) (on appeal to the Administrator from a decision of an administrative law judge) and under 14 CFR 13.234(g) (on petition for reconsideration, rehearing or modification), are final when they are served. Therefore, a person filing a petition for review of an order issued under 14 CFR 13.233(j)(2) or 13.234(g) in a civil penalty case involving the transportation of hazardous materials must do so no later than 60 days after the Administration's decision is served. ( *See* 14 CFR 13.235.) Judicial review in civil penalty cases is discussed in the Federal Aviation Regulations at 14 CFR 13.16 and 13.235. Currently, section 13.16(m)(1) provides that a party may file a petition for review of a final agency order in cases under the Federal aviation statute in the appropriate United States court of appeals under 49 U.S.C. 46110(a), 46301(d)(6) and 46301(g). Section 13.16(m)(2) provides that in cases under the Federal hazardous materials transportation law, a party may seek judicial review of a final agency order in an appropriate United States district court under 5 U.S.C. 703 and 704 and 28 U.S.C. 1331. Section 13.235 of the Federal Aviation Regulations also deals with the issue of judicial review of a final agency decision in civil penalty cases. Unlike 14 CFR 13.16(m), section 13.235 does not distinguish between cases arising under the Federal aviation statute and cases arising under the Federal hazardous materials transportation statute. It is stated in 14 CFR 13.235: “A person may seek judicial review of a final decision and order of the Administrator as provided in section 1006 of the Federal Aviation Act of 1958, as amended [currently 49 U.S.C. 46110].” Currently, section 13.235 does not include references to sections 5127, 46301(d)(7)(D)(iii), 46301(g), or 47532 of Title 49, which also provide for judicial review of final agency orders involving certain violations of the Federal hazardous materials transportation statute and the Federal aviation statute. We are amending 14 CFR 13.16(m) and 14 CFR 13.235 to incorporate SAFETEA-LU's changes regarding judicial review of final agency decisions in hazardous materials cases, as now set forth in 49 U.S.C. 5127, as well as to include references to other statutory provisions for judicial review. In this rulemaking, we are dividing section 13.235 into four paragraphs for the sake of clarity. New paragraph

(a)provides that in cases under the Federal aviation statute, a party may seek judicial review of a final decision and order of the Administrator, as provided in 49 U.S.C. 46110(a), and as applicable, in 49 U.S.C. 46301(d)(7)(D)(iii), 46301(g), or 47532. New paragraph

(b)explains that judicial review in cases under the Federal hazardous materials transportation statute is under 49 U.S.C. 5127. New paragraph

(c)provides that parties seeking review of a final agency order may file a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the United States court of appeals for the circuit in which the party resides or has its principal place of business. New paragraph

(d)explains that the party seeking review must file the petition for review no later than 60 days after service of the Administrator's final decision and order. Since the passage of SAFETEA-LU, there is no need to divide 14 CFR 13.16(m) into paragraphs

(1)and

(2)because review is now available in the appropriate Federal court of appeals for civil penalty orders arising from violations of the Federal aviation statute and the Federal hazardous materials transportation law. The new section 13.16(m) provides that a party may seek judicial review of a final decision and order of the Administrator involving a violation of the Federal aviation statute or the Federal hazardous materials transportation law. It explains that review is in the United Court of Appeals for the District of Columbia Circuit or the courts of appeals of the United States for the circuit in which the party resides or has the party's principal place of business. It refers the reader to 14 CFR 13.235 for references to the provisions in Title 49 of the United States Code for judicial review. Currently, section 13.16(m)(1) cites 49 U.S.C. 46301(d)(6), as well as 49 U.S.C. 46110 and 46301(g), as authority for the availability of judicial review in an appropriate Federal court of appeals. Section 46301(d)(6) of Title 49 provides for judicial review of orders of the National Transportation Safety Board in civil penalty cases under 49 U.S.C. 46301(d)(5) against individuals acting as pilots, flight engineers, mechanics or repairment. (See 14 CFR 13.18(h)). Section 13.16, however, deals with orders of the FAA Administrator in civil penalty proceedings against persons other than individuals acting as pilots, mechanics, flight engineers or repairmen. Consequently, we are not including a reference to 49 U.S.C. 46301(d)(6) in the new 14 CFR 13.16(m) or in the amended section 13.235. We are amending the authority section of 14 CFR part 13 to include the statutory provisions added to Title 49 regarding the transportation of hazardous materials by SAFETEA-LU. c. *Current Hearing Docket Address.* Last year, we amended 14 CFR, part 13, subpart G, to provide the new address of the FAA Hearing Docket. 70 FR 8236, February 18, 2005. Since publishing that notice, the offices in the Wilbur Wright Building, in which the Hearing Docket is now located, have been re-numbered. Under the current room number system, the Hearing Docket is located in Suite 2W1000. We are updating the suite number for the Hearing Docket in this rulemaking. d. *FAA Civil Penalty Adjudication Web site.* Also, by notice published on February 18, 2005, we amended section 13.210 by adding paragraph (e), which included information about the FAA civil penalty adjudication Web site. The FAA's Web site recently has been revised. The FAA civil penalty adjucation Web site is now located at the following address: *http://faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/AGC400/Civil_Penalty* . This technical amendment provides the current Internet address for the FAA civil penalty adjudication Web site, as well as more complete description of the information available on the Web site. e. *Definition of Complaint.* As defined in 14 CFR 13.202, a “complaint” is a document that is filed by the agency attorney after a hearing is requested under 14 CFR 13.16. In 2004, we redesignated the paragraphs in 14 CFR 13.16 about requests for hearing as 14 CFR 13.16(f)(3) and (g)(2)(ii). 69 FR at 59496. Now, we are amending the definition of “complaint” in section 13.202 to replace references to the former paragraph numbers about requests for hearing with the current citations, 14 CFR 13.16(f)(3) and (g)(2)(ii). f. *Recodification of the FAA;s Governing Statute and the Hazardous Materials Transportation Act* . In 1994, Congress recodified into positive law the Federal Aviation Act of 1958, as amended, the Hazardous Materials Transportation Act, and other pieces of transportation law. We amended the authority sections for the Federal Aviation Regulations, including Part 13, to reflect the recodification, by final rule published on December 28, 1995 (60 FR 67254). Now, we are amending 14 CFR 13.202 (definitions of “complaint” and “order assessing civil penalty”), 13.218(f)(1), 13.219(a), 13.228(c), and 13.235 to replace out-of-date statutory references with citations to the Federal aviation statute, and to the Federal hazardous materials transportation statute. 2. We are updating other sections of Part 13 of the Federal Aviation Regulations, as follows: a. *Civil penalties, generally, under 14 CFR 13.14.* Section 13.14(a) of the Federal Aviation Regulations, 14 CFR 13.14(a) explains that a person who violates certain provisions of the Federal aviation statute or any implementing rule, regulation, or order, is subject to a civil penalty not exceeding the amount specified in 49 U.S.C. chapter 463 for each violation. Section 13.14(a) should include those sections listed in the first sentence of 49 U.S.C. 46301(d)(2) and in 49 U.S.C. 47531. Currently, 14 CFR 13.14(a)(6) provides that a person is subject to a civil penalty for a violation of 49 U.S.C. 46301(b), 46302, 46303, 46318 or 46319. Section 13.14(a)(6) needs revision in three respects. First, under 49 U.S.C. 46301(d)(2), the Secretary of Homeland Security—not the Administrator of the FAA—has the authority to assess civil penalties for violations of 49 U.S.C. 46303. Consequently, a reference to 49 U.S.C. 46303 does not belong in 14 CFR 13.14(a)(6). Second, under 49 U.S.C. 46319(c), a public agency is liable for a civil penalty of $10,000 for each day that an airport remains closed without having given the FAA the notice required under 49 U.S.C. 46319(a). Congress, however, failed to specify in 49 U.S.C. 46301(d)(2) or anywhere else in the Federal aviation statute, that the Administrator has the authority to assess a penalty for violations of 49 U.S.C. 46319. As a result, a reference to 49 U.S.C. 46319 should not be included in 14 CFR 13.14(a)(6). In this rulemaking, we are deleting the reference to 49 U.S.C. 46319. Third, the Administrator of the FAA has the authority to assess civil penalties for violations of 49 U.S.C. 46302 for a violation relating to 49 U.S.C. 46504, and the Secretary of Homeland Security has the authority to assess civil penalties for other violations of 49 U.S.C. 46302. For this reason, we are adding a parenthetical after “section 46302” in 14 CFR 13.14(a)(6) as follows: “(For a violation relating to 49 U.S.C. 46504.)” As a result of these changes, 14 CFR 13.14(a)(6), as amended by this rulemaking, will read: “Any person who violated any of the following statutory provisions, or any rule, regulation or order issued thereunder is subject to a civil penalty * * *

(6)Sections 46301(b), 46302 (for a violation relating to 49 U.S.C. 46504), or 46318.” We are also adding the parenthetical “(for a violation relating to 49 U.S.C. 46504)” after “49 U.S.C. 46302” in the statutory authority section of Part 13. The Administrator may assess a civil penalty for a violation of 49 U.S.C. 47107(b) under the first sentence of 49 U.S.C. 46301(d)(2). We inadvertently omitted 49 U.S.C. 47107(b) when we drafted 14 CFR 13.14. We are correcting that omission in this rulemaking by adding a new section 13.14(a)(7), regarding a violation of 49 U.S.C. 47017(b). We are redesignating the current section 13.14(a)(7) as section 13.14(a)(8). We also did not include 49 U.S.C. 47107 in the authority section of Part 13. We are correcting that oversight in this rulemaking. b. *Providing the correct address for the Hearing Docket in the procedural rules in 14 CFR part 13, subpart D* . Under Part 13 of the Federal Aviation Regulations, we also issue enforcement orders not involving the assessment of civil penalties. For example, under 14 CFR 13.20, we issue cease and desist orders and orders of denial, and under 14 CFR 13.71-13.87, we issue orders of compliance and orders of immediate compliance involving the transportation of hazardous materials by air. If a recipient of a proposed order (or an order of immediate compliance) requests a hearing under 14 CFR 13.19(c)(5), 13.20(c), 13.20(d), 13.75(a)(2), 13.75(b) or 13.81(e), the proceedings are governed by the rules contained in 14 CFR part 13, subpart D (14 CFR 13.31-13.63). In proceedings conducted under 14 CFR part 13, subpart D, the parties should file documents, including the request for hearing and the pleadings, in the Hearing Docket. See 14 CFR 13.35 and 13.43. The address of the Hearing Docket is provided in 14 CFR 13.35, which is the rule pertaining to requests for hearing. Section 13.35 sets forth the Hearing Docket's old address. The Hearing Docket's current street address is as follows: Federal Aviation Administration, 600 Independence Avenue, SW., Wilbur Wright Building—Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. When a party hand-delivers or sends documents by commercial expedited courier ( *e.g.,* Federal Express or United Parcel Service), the party should use the street address. The Wilbur Wright Building, in which the Hearing Docket is located, does not have a mailroom. Documents delivered by the U.S. Postal System must be sent to, and processed by, the mailroom located in the FAA headquarters building, at 800 Independence Avenue, SW. When sending documents to the Hearing Docket by U.S. mail or U.S. certified mail, the following mailing address should be used (instead of the street address): Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430, Wilbur Wright Building—Suite 2W1000. We are amending 14 CFR 13.35 to include the correct street and mailing addresses for the Hearing Docket. Procedure Matters In general, under the Administrative Procedure Act, 5 U.S.C. 553, agencies must publish regulations for public comment and give the public at least 30 days notice before adopting regulations. There is an exception to these requirements if the agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest. In this case, the FAA finds that notice and comment requirements are unnecessary due to the administrative nature of the changes. The public interest is served by revising section 13.16 and section 13.235 immediately to inform parties in hazardous materials civil penalty cases of the availability of judicial review in the appropriate Federal court of appeals under SAFETEA-LU. It is in the public interest that the revisions to 14 CFR 13.35 and 13.210 take effect promptly so that parties filing documents in proceedings under either subpart D or subpart G of part 13 of the Federal Aviation Regulations use the Hearing Docket's correct street or mailing address. Also, it is in he public interest that the Rules of Practice correctly state the Internet address for the FAA civil penalty adjudication Web site. The editorial amendments to bring the citations to the Federal Aviation Act of 1958, as amended, and to the Hazardous Materials Transportation Act into conformity with the recodification of the transportation laws and Part 13's revised authority citation will be helpful to the public and do not warrant notice and comment. The amendments set forth in this notice do not affect the rights or duties of any regulated entity. List of Subjects in 14 CFR Part 13 Administrative practice and procedure, Air transportation, Aviation safety, Hazardous materials transportation, Investigations, Law enforcement, Penalties. The Amendments Accordingly, the Federal Aviation Administration amends part 13 of the Federal Aviation Regulations as follows: PART 13—INVESTIGATIVE AND ENFORCEMENT PROCEDURES 1. Revise the authority citation for part 13 to read as follows: Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C. 106(g), 5121-5128, 40113-40114, 44103-44106, 44702-44703, 44709-44710, 44713, 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 1.47. 2. Amend § 13.14 by revising § 13.14(a)(6), redesignating the current § 13.14(a)(7) as new § 13.14(a)(8), and adding a new § 13.14(a)(7), to read as follows: § 13.14 Civil penalties: General.

(a)* * *

(6)Sections 46301(b), 46302 (for a violation of 49 U.S.C. 46504), or 46318;

(7)Section 47107(b); or 3. Revise § 13.16(a) and § 13.16(m) to read as follows: § 13.16 Civil Penalties: Administrative assessment against a person other than an individual acting as a pilot, flight engineer, mechanic, or repairman. Administrative assessment against all persons for hazardous materials violations.

(a)The FAA uses these procedures when it assesses a civil penalty against a person other than an individual acting as a pilot, flight engineer, mechanic, or repairman for a violation cited in the first sentence of 49 U.S.C. 46301(d)(2) or in 49 U.S.C. 47531, or any implementing rule, regulation or order.

(m)A party may seek review only of a final decision and order of the FAA decisionmaker involving a violation of the Federal aviation statute or the Federal hazardous materials transportation law. Judicial review is in the United States Court of Appeals for the District of Columbia Circuit or the United States court of appeals for the circuit in which the party resides or has the party's principal place of business as provided in § 13.235 of this part. Neither an initial decision or an order issued by an administrative law judge that has not been appealed to the FAA decisionmaker, nor an order compromising a civil penalty action, may be appealed under any of those sections. 4. Amend § 13.35 by revising paragraph (a), redesignating current paragraphs

(b)and

(c)as

(c)and (d), and adding a new paragraph (b), to read as follows: § 13.35 Request for hearing.

(a)A request for hearing must be made in writing and filed in the Hearing Docket.

(1)*If delivery is in person, or by expedited courier service.* A person delivering the request for hearing in person or sending the request for hearing by commercial expedited courier (for example, Federal Express or United Parcel Service), should use the following address: Federal Aviation Administration, 600 Independence Avenue, SW., Wilbur Wright Building—Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.

(2)*If delivery is by U.S. Mail:* If the request for hearing is sent by U.S. Mail, then it should be addressed as follows: Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591: Attention: Hearing Docket Clerk, AGC-430, Wilbur Wright Building—Suite 2W1000.

(b)The request for hearing must describe the action proposed by the FAA, and must contain a statement that a hearing is requested. A copy of the request for hearing and a copy of the answer required by paragraph

(c)of this section must be served on the official who issued the notice of proposed action. 5. Amend § 13.202 by revising the definition of “complaint” and the first sentence of the definition of “order assessing civil penalty” to read as follows: § 13.202 Definitions *Complaint* means a document issued by an agency attorney alleging a violation of a provision of the Federal aviation statute listed in the first sentence of 49 U.S.C. 46301(d)(2) or in 49 U.S.C. 47531, or of the Federal hazardous materials transportation statute, 49 U.S.C. 5121-5128, or a rule, regulation, or order issued under those statutes, that has been filed with the Hearing Docket after a hearing has been requested under § 13.16(f)(3) or (g)(2)(ii) of this part. *Order assessing civil penalty* means a document that contains a finding of a violation of a provision of the Federal aviation statute listed in the first sentence of 49 U.S.C. 46301(d)(2) or in 49 U.S.C. 47531, or of the Federal hazardous materials transportation statute, 49 U.S.C. 5121-5128, or a rule, regulation or order issued under those statutes, and may direct payment of a civil penalty. * * * 6. Amend § 13.210 by revising paragraphs (a)(1) and

(2)and (e)(2) to read as follows: § 13.210 Filing of documents.

(a)* * *

(1)*If delivery is in person, or via expedited courier service:* Federal Aviation Administration, 600 Independence Avenue, SW., Wilbur Wright Building—Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.

(2)*If delivery is via U.S. Mail:* Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430, Wilbur Wright Building—Suite 2W1000.

(e)* * *

(2)Decisions and orders issued by the Administrator in civil penalty cases, indexes of decisions, contact information for the FAA Hearing Docket, and the administrative law judges, the rules of practice, and other information is available on the FAA civil penalty adjudication Web site at: *http://faa.gov/about/office_org/ headquarters_ offices/agc/ pol_adjudication/AGC400/Civil_Penalty.* 7. Amend § 13.218 by revising the third sentence of paragraph (f)(1) to read as follows: § 13.218 Motions.

(f)* * *

(1)* * * A motion to dismiss the complaint for insufficiency must show that the complaint fails to state a violation of a provision of the Federal aviation statute listed in the first sentence in 49 U.S.C. 46301(d)(2) or in 49 U.S.C. 47531, or any implementing rule, regulation, or order, or a violation of the Federal hazardous materials transportation statute, 49 U.S.C. 5121-5128, or any implementing rule, regulation or order. 8. Amend § 13.219 by revising the second sentence of paragraph

(a)to read as follows: § 13.219 Interlocutory appeals.

(a)* * * A decision or order of the FAA decisionmaker on the interlocutory appeal does not constitute a final order of the Administrator for the purposes of judicial appellate review as provided in § 13.235 of this subpart. 9. Revise § 13.228(c) to read as follows: § 13.228 Subpoenas.

(c)*Enforcement of subpoena.* Upon a showing that a person has failed or refused to comply with a subpoena, a party may apply to the local federal district court to seek judicial enforcement of the subpoena in accordance with 49 U.S.C. 46104 in cases under the Federal aviation statute. 10. Revise § 13.235 to read as follows: § 13.235 Judicial review of a final decision and order.

(a)In cases under the Federal aviation statute, a party may seek judicial review of a final decision and order of the Administrator, as provided in 49 U.S.C. 46110(a), and, as applicable, in 49 U.S.C. 46301(d)(7)(D)(iii), 46301(g), or 47532.

(b)In cases under the Federal hazardous materials transportation statute, a party may seek judicial review of a final decision and order of the Administrator, as provided in 49 U.S.C. 5127.

(c)A party seeking judicial review of a final order issued by the Administrator may file a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the United States Court of Appeals for the circuit in which the party resides or has its principal place of business.

(d)The party must file the petition for review no later than 60 days after service of the Administrator's final decision and order. Issued in Washington, DC, on November 28, 2006. Rebecca MacPherson, Assistant Chief Counsel for Regulations. [FR Doc. 06-9508 Filed 12-4-06; 8:45 am]

Connectionstraces to 55

Traces to 55 documents