56
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
S
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.
(c) Failure of the alleged violator to
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
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