title-14-part-13-sec13-67

Federal Aviation Administration, DOT

§ 13.67

(iv) Dismiss appeals upon request of

the appellant or by agreement of the
parties;

(v) Stay decisions and orders of the

Administrator, pending judicial review
or reconsideration by the Adminis-
trator;

(vi) Summarily dismiss repetitious or

frivolous petitions to reconsider or
modify orders;

(vii) Correct typographical, gram-

matical, and similar errors in the Ad-
ministrator’s decisions and orders, and
to make non-substantive editorial
changes; and

(viii) Take all other reasonable steps

deemed necessary and proper for the
management of the appeals process, in
accordance with this part and applica-
ble law.

(2) The Director’s authority in para-

graph (e)(1) of this section may be re-
delegated, as necessary, except to hear-
ing officers and others materially in-
volved in the hearing that is the sub-
ject of the appeal.

(f) Motions to reconsider the final

order of the Administrator must be
filed with the FAA Hearing Docket
within thirty days of service of the Ad-
ministrator’s order.

(g) Judicial review of the Adminis-

trator’s final order under this section
is provided in accordance with 49
U.S.C. 5127 or 46110, as applicable.

§ 13.67

Procedures for expedited pro-

ceedings.

(a) When an expedited administrative

hearing is requested in accordance with
§ 13.20(d), the procedures in this subpart
will apply except as provided in para-
graphs (a)(1) through (7) of this section.

(1) Service and filing of pleadings,

motions, and documents must be by
overnight delivery, and fax or email.
Responses to motions must be filed
within 7 days after service of the mo-
tion.

(2) Within 3 days after receipt of the

request for hearing, the agency must
file a copy of the notice of proposed ac-
tion, which serves as the complaint, to
the FAA Hearing Docket.

(3) Within 3 days after receipt of the

complaint, the person that requested
the hearing must file an answer to the
complaint. All allegations in the com-
plaint not specifically denied in the an-

swer are deemed admitted. Failure to
file a timely answer, absent a showing
of good cause, constitutes withdrawal
of the request for hearing.

(4) Within 3 days of the filing of the

complaint, the Director of the Office of
Adjudication will assign a hearing offi-
cer to preside over the matter.

(5) The parties must serve discovery

as soon as possible and set time limits
for compliance with discovery requests
that accommodate the accelerated ad-
judication schedule set forth in this
subpart. The hearing officer will re-
solve any failure of the parties to agree
to a discovery schedule.

(6) The expedited hearing must com-

mence within 40 days after the notice
of proposed action was issued.

(7) The hearing officer must issue an

oral decision and order dismissing, re-
versing, modifying, or affirming the
notice of proposed action at the close
of the hearing. If a notice of appeal is
not filed, such order is final with re-
spect to the parties and is not subject
to judicial review.

(b) Any party to the expedited hear-

ing may appeal from the initial deci-
sion of the hearing officer to the Ad-
ministrator by filing a notice of appeal
within 3 days after the date on which
the decision was issued. The time limi-
tations for the filing of documents for
appeals under this section will not be
extended by reason of the unavail-
ability of the hearing transcript.

(1) Any appeal to the Administrator

under this section must be perfected
within 7 days after the date the notice
of appeal was filed by filing a brief in
support of the appeal. Any reply to the
appeal brief must be filed within 7 days
after the date the appeal brief was
served on that party. The Adminis-
trator must issue an order deciding the
appeal no later than 80 days after the
date the notice of proposed action was
issued.

(2) The Administrator’s order is im-

mediately effective and constitutes the
final agency decision. The Administra-
tor’s order may be appealed pursuant
to 49 U.S.C. 46110. The filing of an ap-
peal under 49 U.S.C. 46110 does not stay
the effectiveness of the Administra-
tor’s order.

effective order is issued, the FAA may

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14 CFR Ch. I (1–1–24 Edition)

§ 13.69

request the United States Attorney
General, or the delegate of the Attor-
ney General, to bring an action for ap-
propriate relief.

§ 13.69

Other matters: Alternative dis-

pute resolution, standing orders,
and forms.

(a) Parties may use mediation to

achieve resolution of issues in con-
troversy addressed by this subpart.
Parties seeking alternative dispute res-
olution services may engage the serv-
ices of a mutually acceptable mediator.
The mediator must not participate in
the adjudication under this subpart of
any matter in which the mediator has
provided mediation services. Mediation
discussions and submissions will re-
main confidential consistent with the
provisions of the Administrative Dis-
pute Resolution Act, the principles of
Federal Rule of Evidence 408, and other
applicable Federal laws.

(b) The Director of the Office of Adju-

dication may issue standing orders and
forms needed for the proper dispatch of
business under this subpart.

Subpart E—Orders of Compliance

Under the Hazardous Mate-
rials Transportation Act

OURCE

: Docket No. FAA-2018-1051; Amdt.

No. 13-40, 86 FR 54536, Oct. 1, 2021, unless oth-
erwise noted.

§ 13.70

Delegation of authority.

The authority of the Administrator

under 49 U.S.C. 5121(a) and (d) is dele-
gated to the Chief Counsel, each Dep-
uty Chief Counsel, and the Assistant
Chief Counsel for Enforcement.

[Docket FAA–2018–1051, Amdt. 13–40A, 87 FR
61233, Oct. 11, 2022]

§ 13.71

Applicability.

(a) An order of compliance may be

issued after notice and an opportunity
for a hearing in accordance with §§ 13.73
through 13.77 whenever the Chief Coun-
sel, a Deputy Chief Counsel, or the As-
sistant Chief Counsel for Enforcement
has reason to believe that a person is
engaging in the transportation or ship-
ment by air of hazardous materials in
violation of the Hazardous Materials
Transportation Act, as amended and

codified at 49 U.S.C. chapter 51, or any
rule, regulation, or order issued under
49 U.S.C. chapter 51, for which the FAA
exercises enforcement responsibility,
and the circumstances do not require
the issuance of an emergency order
under 49 U.S.C. 5121(d).

(b) If circumstances require the

issuance of an emergency order under
49 U.S.C. 5121(d), the Chief Counsel, a
Deputy Chief Counsel, or the Assistant
Chief Counsel for Enforcement will
issue an emergency order of compli-
ance as described in § 13.81.

§ 13.73

Notice of proposed order of

compliance.

The Chief Counsel, a Deputy Chief

Counsel, or the Assistant Chief Counsel
for Enforcement may issue to an al-
leged violator a notice of proposed
order of compliance advising the al-
leged violator of the charges and set-
ting forth the remedial action sought
in the form of a proposed order of com-
pliance.

§ 13.75

Reply or request for hearing.

(a) Within 30 days after service upon

the alleged violator of a notice of pro-
posed order of compliance, the alleged
violator may—

(1) Submit a written reply;
(2) Submit a written request for an

informal conference to discuss the
matter with an agency attorney; or

(3) Request a hearing in accordance

with subpart D of this part.

(b) If, after an informal conference is

held or a reply is filed, the agency at-
torney notifies the person named in the
notice that some or all of the proposed
agency action will not be withdrawn or
will not be subject to a consent order
of compliance, the alleged violator
may, within 10 days after receiving the
agency attorney’s notification, request
a hearing in accordance with subpart D
of this part.

file a reply or request a hearing within
the period provided in paragraph (a) or
(b) of this section, as applicable—

(1) Constitutes a waiver of the right

to a hearing under subpart D of this
part and the right to petition for judi-
cial review; and

(2) Authorizes the Administrator to

make any appropriate findings of fact