50
14 CFR Ch. I (1–1–21 Edition)
§ 13.21
Administrator within 20 days after the
date of issuance of the order.
(h) If a notice of appeal is not filed
from the order issued by a Hearing Of-
ficer, such order is the final agency
order.
(i) Any person filing an appeal au-
thorized by paragraph (g) of this sec-
tion shall file an appeal brief with the
Administrator within 40 days after the
date of issuance of the order, and serve
a copy on the other party. A reply brief
must be filed within 20 days after serv-
ice of the appeal brief and a copy
served on the appellant.
(j) On appeal the Administrator re-
views the available record of the pro-
ceeding, and issues an order dismissing,
reversing, modifying or affirming the
order. The Administrator’s order in-
cludes the reasons for the Administra-
tor’s action.
(k) For good cause shown, requests
for extensions of time to file any docu-
ment under this section may be grant-
ed by—
(1) The official who issued the order,
if the request is filed prior to the des-
ignation of a Hearing Officer; or
(2) The Hearing Officer, if the request
is filed prior to the filing of a notice of
appeal; or
(3) The Administrator, if the request
is filed after the filing of a notice of ap-
peal.
(l) Except in the case of an appeal
from the decision of a Hearing Officer,
the authority of the Administrator
under this section is also exercised by
the Chief Counsel, Deputy Chief Coun-
sel, each Assistant Chief Counsel, each
Regional Counsel, and the Aero-
nautical Center Counsel (as to matters
under Title V of the Federal Aviation
Act of 1958).
(m) Filing and service of documents
under this section shall be accom-
plished in accordance with § 13.43; and
the periods of time specified in this
section shall be computed in accord-
ance with § 13.44.
[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
amended by Amdt. 13–17, 53 FR 33783, Aug. 31,
1988; Amdt. 13–19, 54 FR 39290, Sept. 25, 1989;
Amdt. 13–29, 62 FR 46865, Sept. 4, 1997; Amdt.
13–36, 79 FR 46967, Aug. 12, 2014]
§ 13.21
Military personnel.
If a report made under this part indi-
cates that, while performing official
duties, a member of the Armed Forces,
or a civilian employee of the Depart-
ment of Defense who is subject to the
Uniform Code of Military Justice (10
U.S.C. Ch. 47), has violated the Federal
Aviation Act of 1958, or a regulation or
order issued under it, the Chief Coun-
sel, the Assistant Chief Counsel, En-
forcement, the Assistant Chief Counsel,
Regulations, the Assistant Chief Coun-
sel, Europe, Africa, and Middle East
Area Office, each Regional Counsel,
and the Aeronautical Center Counsel
send a copy of the report to the appro-
priate military authority for such dis-
ciplinary action as that authority con-
siders appropriate and a report to the
Administrator thereon.
[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
amended by Amdt. 13–19, 54 FR 39290, Sept.
25, 1989; Amdt. 13–29, 62 FR 46866, Sept. 4,
1997]
§ 13.23
Criminal penalties.
(a) Sections 902 and 1203 of the Fed-
eral Aviation Act of 1958 (49 U.S.C. 1472
and 1523), provide criminal penalties
for any person who knowingly and will-
fully violates specified provisions of
that Act, or any regulation or order
issued under those provisions. Section
110(b) of the Hazardous Materials
Transportation Act (49 U.S.C. 1809(b))
provides for a criminal penalty of a
fine of not more than $25,000, imprison-
ment for not more than five years, or
both, for any person who willfully vio-
lates a provision of that Act or a regu-
lation or order issued under it.
(b) If an inspector or other employee
of the FAA becomes aware of a possible
violation of any criminal provision of
the Federal Aviation Act of 1958 (ex-
cept a violation of section 902 (i)
through (m) which is reported directly
to the Federal Bureau of Investiga-
tion), or of the Hazardous Materials
Transportation Act, relating to the
transportation or shipment by air of
hazardous materials, he or she shall re-
port it to the Office of the Chief Coun-
sel or the Regional Counsel or Assist-
ant Chief Counsel for the region or area
concerned. If appropriate, that office
refers the report to the Department of
Justice for criminal prosecution of the
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