title-14-part-13-sec13-75

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

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§ 13.105

and to issue an appropriate order of
compliance, without further notice or
proceedings.

§ 13.77

Consent order of compliance.

(a) At any time before the issuance of

an order of compliance, an agency at-
torney and the alleged violator may
agree to dispose of the case by the
issuance of a consent order of compli-
ance.

(b) The alleged violator may submit a

proposed consent order to an agency
attorney. The proposed consent order
must include—

(1) An admission of all jurisdictional

facts;

(2) An express waiver of the right to

further procedural steps and of all
rights to legal review in any forum;

(3) An express waiver of attorney’s

fees and costs;

(4) If a notice has been issued prior to

the proposed consent order of compli-
ance, an incorporation by reference of
the notice and an acknowledgement
that the notice may be used to con-
strue the terms of the consent order of
compliance; and

(5) If a request for hearing is pending

in any forum, a provision that the al-
leged violator will withdraw the re-
quest for a hearing and request that
the case be dismissed.

§ 13.79

[Reserved]

§ 13.81

Emergency orders.

(a) Notwithstanding §§ 13.73 through

13.77, the Chief Counsel, each Deputy
Chief Counsel, or the Assistant Chief
Counsel for Enforcement may issue an
emergency order of compliance, which
is effective upon issuance, in accord-
ance with the procedures in subpart C
of 49 CFR part 109, if the person who
issues the order finds that there is an
‘‘imminent hazard’’ as defined in 49
CFR 109.1.

(b) The FAA official who issued the

emergency order of compliance may re-
scind or suspend the order if the cri-
teria set forth in paragraph (a) of this
section are no longer satisfied, and,
when appropriate, may issue a notice
of proposed order of compliance under
§ 13.73.

proceeding commenced in accordance

with § 13.73 the criteria set forth in
paragraph (a) of this section are satis-
fied, the official who issued the notice
may issue an emergency order of com-
pliance, even if the period for filing a
reply or requesting a hearing specified
in § 13.75 has not expired.

13.83–13.87

[Reserved]

Subpart F—Formal Fact-Finding In-

vestigation Under an Order of
Investigation

OURCE

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

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

§ 13.101

Applicability.

(a) This subpart applies to fact-find-

ing investigations in which an inves-
tigation has been ordered under § 13.3(c)
or § 13.5(f)(2).

(b) This subpart does not limit the

authority of any person to issue sub-
poenas, administer oaths, examine wit-
nesses, and receive evidence in any in-
formal investigation as otherwise pro-
vided by law.

§ 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

ized to conduct the investigation and
serve as the presiding officer.