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59 

Federal Aviation Administration, DOT 

§ 13.111 

§ 13.85

Filing, service and computation 

of time. 

Filing and service of documents 

under this subpart shall be accom-
plished in accordance with § 13.43 ex-
cept service of orders of immediate 
compliance under § 13.81(b); and the pe-
riods of time specified in this subpart 
shall be computed in accordance with 
§ 13.44. 

§ 13.87

Extension of time. 

(a) The official who issued the notice 

of proposed order of compliance, for 
good cause shown, may grant an exten-
sion of time to file any document spec-
ified in this subpart, except documents 
to be filed with the Administrator. 

(b) Extensions of time to file docu-

ments with the Administrator may be 
granted by the Administrator upon 
written request, served upon all par-
ties, and for good cause shown. 

Subpart F—Formal Fact-Finding In-

vestigation Under an Order of 
Investigation 

§ 13.101

Applicability. 

(a) This subpart applies to fact-find-

ing investigations in which an order of 
investigation has been issued under 
§ 13.3(c) or § 13.5(i) of this part. 

(b) This subpart does not limit the 

authority of duly designated persons to 
issue subpoenas, administer oaths, ex-
amine witnesses and receive evidence 
in any informal investigation as pro-
vided for in sections 313 and 1004(a) of 
the Federal Aviation Act (49 U.S.C. 1354 
and 1484(a)) and section 109(a) of the 
Hazardous Materials Transportation 
Act (49 U.S.C. 1808(a)). 

§ 13.103

Order of investigation. 

The order of investigation— 
(a) Defines the scope of the investiga-

tion by describing the information 
sought in terms of its subject matter 
or its relevancy to specified FAA func-
tions; 

(b) Sets forth the form of the inves-

tigation which may be either by indi-
vidual deposition or investigative pro-
ceeding or both; and 

(c) Names the official who is author-

ized to conduct the investigation and 
serve as the Presiding Officer. 

§ 13.105

Notification. 

Any person under investigation and 

any person required to testify and 
produce documentary or physical evi-
dence during the investigation will be 
advised of the purpose of the investiga-
tion, and of the place where the inves-
tigative proceeding or deposition will 
be convened. This may be accomplished 
by a notice of investigation or by a 
subpoena. A copy of the order of inves-
tigation may be sent to such persons, 
when appropriate. 

§ 13.107

Designation of additional par-

ties. 

(a) The Presiding Officer may des-

ignate additional persons as parties to 
the investigation, if in the discretion of 
the Presiding Officer, it will aid in the 
conduct of the investigation. 

(b) The Presiding Officer may des-

ignate any person as a party to the in-
vestigation if that person— 

(1) Petitions the Presiding Officer to 

participate as a party; and 

(2) Is so situated that the disposition 

of the investigation may as a practical 
matter impair the ability to protect 
that person’s interest unless allowed to 
participate as a party, and 

(3) Is not adequately represented by 

existing parties. 

§ 13.109

Convening the investigation. 

The investigation shall be conducted 

at such place or places designated by 
the Presiding Officer, and as conven-
ient to the parties involved as expedi-
tious and efficient handling of the in-
vestigation permits. 

§ 13.111

Subpoenas. 

(a) Upon motion of the Presiding Of-

ficer, or upon the request of a party to 
the investigation, the Presiding Officer 
may issue a subpoena directing any 
person to appear at a designated time 
and place to testify or to produce docu-
mentary or physical evidence relating 
to any matter under investigation. 

(b) Subpoenas shall be served by per-

sonal service, or upon an agent des-
ignated in writing for the purpose, or 
by registered or certified mail ad-
dressed to such person or agent. When-
ever service is made by registered or 
certified mail, the date of mailing shall 

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