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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations
assess a civil penalty in an amount greater than that sought in the complaint.
1 The FAA decisionmaker may raise any issue, on the FAA decisionmakers own initiative, that is required for proper disposition of the proceedings.
The FAA decisionmaker will give the parties a reasonable opportunity to submit arguments on the new issues before making a decision on appeal. If an issue raised by the FAA
decisionmaker requires the consideration of additional testimony or evidence, the FAA decisionmaker will remand the case to the administrative law judge for further proceedings and an initial decision related to that issue. If an issue raised by the FAA
decisionmaker is solely an issue of law, or the issue was addressed at the hearing but was not raised by a party in the briefs on appeal, a remand of the case to the administrative law judge for further proceedings is not required but may be provided in the discretion of the FAA decisionmaker.
2 The FAA decisionmaker will issue the final decision and order of the Administrator on appeal in writing and will serve a copy of the decision and order on each party. Unless a petition for review is filed pursuant to 13.235, a final decision and order of the Administrator will be considered an order assessing civil penalty if the FAA
decisionmaker finds that an alleged violation occurred and a civil penalty is warranted.
3 A final decision and order of the Administrator after appeal is precedent in any other civil penalty action. Any issue, finding or conclusion, order, ruling, or initial decision of an administrative law judge that has not been appealed to the FAA
decisionmaker is not precedent in any other civil penalty action.
13.234 Petition to reconsider or modify a final decision and order of the FAA
decisionmaker on appeal.

a General. Any party may petition the FAA decisionmaker to reconsider or modify a final decision and order issued by the FAA decisionmaker on appeal from an initial decision. A party must file a petition to reconsider or modify in accordance with 13.210 not later than 30 days after service of the FAA
decisionmakers final decision and order on appeal and must serve a copy of the petition on each party in
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accordance with 13.211. A party is not required to serve any documents under this section on the administrative law judge. The FAA decisionmaker will not reconsider or modify an initial decision and order issued by an administrative law judge that has not been appealed by any party to the FAA decisionmaker.
b Number of copies. The parties must file the original plus one copy of the petition or the reply to the petition, but only one copy if filing by email or fax, as provided in 13.210.
c Contents. A party must state briefly and specifically the alleged errors in the final decision and order on appeal, the relief sought by the party, and the grounds that support the petition to reconsider or modify.
1 If the petition is based, in whole or in part, on allegations regarding the consequences of the FAA
decisionmakers decision, the party must describe these allegations and must describe, and support, the basis for the allegations.
2 If the petition is based, in whole or in part, on new material not previously raised in the proceedings, the party must set forth the new material and include affidavits of prospective witnesses and authenticated documents that would be introduced in support of the new material. The party must explain, in detail, why the new material was not discovered through due diligence prior to the hearing.
d Repetitious and frivolous petitions.
The FAA decisionmaker will not consider repetitious or frivolous petitions. The FAA decisionmaker may summarily dismiss repetitious or frivolous petitions to reconsider or modify.
e Reply petitions. Any party replying to a petition to reconsider or modify must file the reply in accordance with 13.210 no later than 10 days after service of the petition on that party, and must also serve a copy of the reply on each party in accordance with 13.211.
f Effect of filing petition. The filing of a timely petition under this section will stay the effective date of the FAA
decisionmakers decision and order on appeal until final disposition of the petition by the FAA decisionmaker.
g FAA decisionmakers decision on petition. The FAA decisionmaker has discretion to grant or deny a petition to reconsider. The FAA decisionmaker will grant or deny a petition to reconsider within a reasonable time
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after receipt of the petition or receipt of the reply petition, if any. The FAA
decisionmaker may affirm, modify, or reverse the final decision and order on appeal, or may remand the case for any proceedings that the FAA
decisionmaker determines may be necessary.
13.235 Judicial review of a final decision and order.

a In cases under the Federal aviation statute, a party may seek judicial review of a final decision and order of the Administrator, as provided in 49 U.S.C.
46110a, and, as applicable, in 49
U.S.C. 46301d7Diii, 46301g, or 47532.
b In cases under the Federal hazardous materials transportation statute, a party may seek judicial review of a final decision and order of the Administrator, as provided in 49 U.S.C.
5127.
c A party seeking judicial review of a final order issued by the Administrator may file a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the United States Court of Appeals for the circuit in which the party resides or has its principal place of business.
d The party must file the petition for review no later than 60 days after service of the Administrators final decision and order.
13.236

Alternative dispute resolution.

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 and other applicable Federal laws.
Issued under authority provided by 49
U.S.C. 106f and 44701a in Washington, DC, on or about August 17, 2021.
Steve Dickson, Administrator.
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