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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations
heading at the beginning of the preamble. To find out more about SBREFA on the internet, visit www.faa.gov/regulations_policies/
rulemaking/sbre_act/.
List of Subjects in 14 CFR Part 13
Administrative practice and procedure, Air transportation, Aviation safety, Hazardous materials transportation, Investigations, Law enforcement, Penalties.
The Amendment In consideration of the foregoing, the Federal Aviation Administration amends chapter I of title 14, Code of Federal Regulations as follows:
PART 13INVESTIGATIVE AND
ENFORCEMENT PROCEDURES
1. The authority citation for part 13 is revised to read as follows:

Authority: 18 U.S.C. 6002; 28 U.S.C. 2461
note; 49 U.S.C. 106g, 51215124, 5127, 4011340114, 4410344106, 4470144703, 4470944710, 44713, 4610146111, 46301, 46302 for a violation of 49 U.S.C. 46504, 4630446316, 46318, 4650146502, 46504
46507, 47106, 47107, 47111, 47122, 47306, 4753147532; 49 CFR 1.83.

2. Revise subpart A to read as follows:

Subpart AGeneral Authority to ReDelegate and Investigative Procedures Sec.
13.1
13.2
13.3
13.5
13.7
13.1

Re-delegation.
Reports of violations.
Investigations general.
Formal complaints.
Records, documents, and reports.
Re-delegation.

Unless otherwise specified, the Chief Counsel, each Deputy Chief Counsel, and the Assistant Chief Counsel for Enforcement may re-delegate the authority delegated to them under this part.
13.2

Reports of violations.

a Any person who knows of any violation of 49 U.S.C. subtitle VII, 49
U.S.C. chapter 51, or any rule, regulation, or order issued under those statutes, should report the violation to FAA personnel.
b FAA personnel will review each report made under this section to determine whether any additional investigation or action is warranted.
13.3

Investigations general.

a The Administrator may conduct investigations; hold hearings; issue subpoenas; require the production of relevant documents, records, and property; and take evidence and depositions.

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b The Administrator has delegated the authority to conduct investigations to the various services and offices for matters within their respective areas.
c The Administrator delegates to the Chief Counsel, each Deputy Chief Counsel, and the Assistant Chief Counsel for Enforcement the authority to:
1 Issue orders;
2 Conduct formal investigations;
3 Subpoena witnesses and records in conducting a hearing or investigation;
4 Order depositions and production of records in a proceeding or investigation; and 5 Petition a court of the United States to enforce a subpoena or order described in paragraphs c3 and 4 of this section.
d A complaint against the sponsor, proprietor, or operator of a federally assisted airport involving violations of the legal authorities listed in 16.1 of this chapter must be filed in accordance with the provisions of part 16 of this chapter.
13.5

Formal complaints.

a Any person may file a complaint with the Administrator with respect to a violation by a person of any requirement under 49 U.S.C. subtitle VII, 49 U.S.C. chapter 51, or any rule, regulation, or order issued under those statutes, 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 seeking an appropriate order or other enforcement action;
2 Be submitted to the Federal Aviation Administration, Office of the Chief Counsel, Attention: Formal Complaint Clerk AGC300, 800
Independence Avenue SW, 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 statute, rule, 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, telephone number, and email of the person filing the complaint; and 6 Be signed by the person filing the complaint or an authorized representative.

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c A complaint that does not meet the requirements of paragraph b of this section will be considered a report under 13.2.
d The FAA will send a copy of a complaint that meets the requirements of paragraph b of this section to the subjects of the complaint by certified mail.
e A subject of the complaint may serve a written answer to the complaint to the Formal Complaint Clerk at the address specified in paragraph b2 of this section no later than 20 days after service of a copy of the complaint. For purposes of this paragraph e, the date of service is the date on which the FAA
mailed a copy of the complaint to the subject of the complaint.
f After the subjects of the complaint have served a written answer or after the allotted time to serve an answer has expired, the Administrator will determine if there are reasonable grounds for investigating the complaint, and 1 If the Administrator determines that a complaint does not state facts that warrant an investigation or action, the complaint may be dismissed without a hearing and the reason for the dismissal will be given, in writing, to the person who filed the complaint and the subjects of the complaint; or 2 If the Administrator determines that reasonable grounds exist, an informal investigation may be initiated or an order of investigation may be issued in accordance with subpart F of this part, or both. The subjects of a complaint will be advised which official has been delegated the responsibility under 13.3b or c, as applicable, for conducting the investigation.
g If the investigation substantiates the allegations set forth in the complaint, the Administrator may take action in accordance with applicable law and FAA policy.
h The complaint and other records relating to the disposition of the complaint are maintained in the Formal Complaint Docket AGC300, Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591.
Any interested person may examine any docketed material at that office at any time after the docket is established, except material that is required to be withheld from the public under applicable law, and may obtain a copy upon paying the cost of the copy.
13.7

Records, documents, and reports.

Each record, document, and report that FAA regulations require to be maintained, exhibited, or submitted to the Administrator may be used in any
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