

[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]                         

=======================================================================
-----------------------------------------------------------------------

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.

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

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removes outdated references, the FAA finds that notice and public 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
