spaschal on DSK3GDR082PROD with CFR

Federal Aviation Administration, DOT

Section 13.5

the Hazardous Materials Transportation Act (49 U.S.C. 1801 et seq.), the
Airport and Airway Development Act
of 1970 (49 U.S.C. 1701 et seq.), the Airport and Airway Improvement Act of
1982 (49 U.S.C. 2201 et seq.), the Airport
and Airway Improvement Act of 1982
(as amended, 49 U.S.C. App. 2201 et seq.,
Airport and Airway Safety and Capacity Expansion Act of 1987), and the
Regulations of the Office of the Secretary of Transportation (49 CFR 1 et
seq.), the Administrator may conduct
investigations, hold hearings, issue
subpoenas, require the production of
relevant documents, records, and property, and take evidence and depositions.
(b) For the purpose of investigating
alleged violations of the Federal Aviation Act of 1958, as amended the Hazardous Materials Transportation Act,
the Airport and Airway Development
Act of 1970, the Airport and Airway Improvement Act of 1982, the Airport and
Airway Improvement Act of 1982 as
amended by the Airport and Airway
Safety and Capacity Expansion Act of
1987, or any rule, regulation, or order
issued thereunder, the Administrator-s
authority has been delegated to the
various services and or offices for matters within their respective areas for
all routine investigations. When the
compulsory processes of sections 313
and 1004 (49 U.S.C. 1354 and 1484) of the
Federal Aviation Act, or section 109 of
the Hazardous Materials Transportation Act (49 U.S.C. 1808) are invoked,
the Administrator-s authority has been
delegated to the Chief Counsel, the
Deputy Chief Counsel, each Assistant
Chief Counsel, each Regional Counsel,
the Aeronautical Center Counsel, and
the Technical Center Counsel.
(c) In conducting formal investigations, the Chief Counsel, the Deputy
Chief Counsel, each Assistant Chief
Counsel, each Regional Counsel, the
Aeronautical Center Counsel, and the
Technical Center Counsel may issue an
order of investigation in accordance
with subpart F of this part.
(d) A complaint against the sponsor,
proprietor, or operator of a Federallyassisted airport involving violations of
the legal authorities listed in Section 16.1 of
this chapter shall be filed in accordance with the provisions of part 16 of

this chapter, except in the case of complaints, investigations, and proceedings
initiated before December 16, 1996, the
effective date of part 16 of this chapter.
[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
amended by Amdt. 13-17, 53 FR 33783, Aug. 31,
1988; 53 FR 35255, Sept. 12, 1988; Amdt. 13-19,
54 FR 39290, Sept. 25, 1989; Amdt. 13-27, 61 FR
54004, Oct. 16, 1996; Amdt. 13-29, 62 FR 46865,
Sept. 4, 1997]

Section 13.5

Formal complaints.

(a) Any person may file a complaint
with the Administrator with respect to
anything done or omitted to be done by
any person in contravention of any
provision of any Act or of any regulation or order issued under it, as to matters within the jurisdiction of the Administrator. This section does not
apply to complaints against the Administrator or employees of the FAA
acting within the scope of their employment.
(b) Complaints filed under this section must - 
(1) Be submitted in writing and identified as a complaint filed for the purpose of seeking an appropriate order or
other enforcement action;
(2) Be submitted to the Federal Aviation Administration, Office of the Chief
Counsel, Attention: Enforcement Docket (AGC-10), 800 Independence Avenue,
S.W., Washington, DC 20591;
(3) Set forth the name and address, if
known, of each person who is the subject of the complaint and, with respect
to each person, the specific provisions
of the Act or regulation or order that
the complainant believes were violated;
(4) Contain a concise but complete
statement of the facts relied upon to
substantiate each allegation;
(5) State the name, address and telephone number of the person filing the
complaint; and
(6) Be signed by the person filing the
complaint or a duly authorized representative.
(c) Complaints which do not meet the
requirements of paragraph (b) of this
section will be considered reports
under Section 13.1.
(d) Complaints which meet the requirements of paragraph (b) of this section will be docketed and a copy

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