Quiero saber acerca de...

54536

Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations
2 The Administrators order is immediately effective and constitutes the final agency decision. The Administrators order may be appealed pursuant to 49 U.S.C. 46110. The filing of an appeal under 49 U.S.C. 46110 does not stay the effectiveness of the Administrators order.
c At any time after an immediately effective order is issued, the FAA may request the United States Attorney General, or the delegate of the Attorney General, to bring an action for appropriate relief.
13.69 Other matters: Alternative dispute resolution, standing orders, and forms.

a Parties may use mediation to achieve resolution of issues in controversy addressed by this subpart.
Parties seeking alternative dispute resolution services may engage the services 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 remain confidential consistent with the provisions of the Administrative Dispute Resolution Act, the principles of Federal Rule of Evidence 408, and other applicable Federal laws.
b The Director of the Office of Adjudication may issue standing orders and forms needed for the proper dispatch of business under this subpart.
6. Revise subpart E to read as follows:
Subpart EOrders of Compliance Under the Hazardous Materials Transportation Act Sec.
13.71 Applicability.
13.73 Notice of proposed order of compliance.
13.75 Reply or request for hearing.
13.77 Consent order of compliance.
13.79 Reserved 13.81 Emergency orders.
13.83 through 13.87 Reserved 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 Counsel, a Deputy Chief Counsel, or the Assistant Chief Counsel for Enforcement has reason to believe that a person is engaging in the transportation or shipment 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

VerDate Sep<11>2014

18:45 Sep 30, 2021

Jkt 256001

exercises enforcement responsibility, and the circumstances do not require the issuance of an emergency order under 49 U.S.C. 5121d.
b If circumstances require the issuance of an emergency order under 49 U.S.C. 5121d, the Chief Counsel, a Deputy Chief Counsel, or the Assistant Chief Counsel for Enforcement will issue an emergency order of compliance 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 alleged violator a notice of proposed order of compliance advising the alleged violator of the charges and setting forth the remedial action sought in the form of a proposed order of compliance.
13.75

Reply or request for hearing.

a Within 30 days after service upon the alleged violator of a notice of proposed 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 attorney 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 attorneys 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 judicial review; and 2 Authorizes the Administrator to make any appropriate findings of fact 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 attorney and the alleged violator may agree to dispose of the case by the issuance of a consent order of compliance.
b The alleged violator may submit a proposed consent order to an agency attorney. The proposed consent order must include
PO 00000

Frm 00024

Fmt 4701

Sfmt 4700

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 attorneys fees and costs;
4 If a notice has been issued prior to the proposed consent order of compliance, an incorporation by reference of the notice and an acknowledgement that the notice may be used to construe the terms of the consent order of compliance; and 5 If a request for hearing is pending in any forum, a provision that the alleged violator will withdraw the request 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 accordance 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 rescind or suspend the order if the criteria 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.
c If at any time in the course of a proceeding commenced in accordance with 13.73 the criteria set forth in paragraph a of this section are satisfied, the official who issued the notice may issue an emergency order of compliance, even if the period for filing a reply or requesting a hearing specified in 13.75 has not expired.
13.83 through 13.87

Reserved
7. Revise subpart F to read as follows:

Subpart FFormal Fact-Finding Investigation Under an Order of Investigation Sec.
13.101 Applicability.
13.103 Order of investigation.
13.105 Notification.
13.107 Designation of additional parties.
13.109 Convening the investigation.
13.111 Subpoenas.
13.113 Noncompliance with the investigative process.
13.115 Public proceedings.
13.117 Conduct of investigative proceeding or deposition.

E:FRFM01OCR2.SGM

01OCR2