party with a copy. To ensure consistency in the filing and service of
documents across subpart G, these proposed amendments would provide
that the joint schedule must be filed and served in accordance with
proposed Sec. Sec.  13.210 and 13.211 respectively.
    The FAA also proposes a minor, non-substantive amendment to Sec.
13.217(d) to change the section title to ``Joint scheduling order,''
and to make clear that a joint schedule filed by the parties is a
proposed schedule that requires approval of the administrative law
judge to become the joint scheduling order.
    Section 13.217(f) governs the ALJ's sanction options for a party's
failure to comply with a joint scheduling order. The FAA proposes
amending this section to clarify that if a party fails to comply with a
joint scheduling order, the ALJ may impose any of the listed sanctions
as long as the sanction is proportional to the party's failure to
comply with the scheduling order. The amendment would replace the
current language ``limited to the extent of the party's failure to
comply'' with the phrase ``proportional to the party's failure to
comply'' simply to make the rule less wordy and more readable. The
amendment would also delete the

current language that the ALJ ``may direct the party to comply with a
motion to discovery request'' because a party does not have to comply
with a motion or discovery request but instead with the scheduling
order. These proposed revisions would not affect the ALJ's authority to
adjust the schedule or direct a party to respond to a discovery
request, as that authority is distinct from the ALJ's authority to
impose sanctions under Sec.  13.217(f).
Motions (Sec.  13.218)
    Section 13.218 governs motions practice in civil penalty
proceedings. The FAA proposes amending the filing and service
requirements in this section to align with and reference the filing and
service amendments in proposed Sec. Sec.  13.210 and 13.211. Proposed
amendments would also add clarity, specify that the list of motions
included in this section is not exhaustive, provide that the ALJ's
authority to strike allegations in the complaint in response to a
motion for more definite statement is discretionary, more closely align
motions to strike with Rule 12 of the Federal Rules of Civil Procedure,
and add a new provision to address motions for reconsideration of an
initial decision, order dismissing a complaint, order dismissing a
request for hearing, or order dismissing a request for hearing and
answer.
    Section 13.218(f) would be amended to clarify that the listed
motions are not exclusive by modifying the provision to state that the
motions that a party may file ``include'' the listed motions.
Paragraphs (f)(2)(i) and (f)(2)(ii) would be amended for clarity by
specifying that the referenced decision on appeal refers to the FAA
decisionmaker's decision on appeal. Section 13.218(f)(2)(ii), which
addresses motions to dismiss a complaint, would also be amended to add
a cross-reference to Sec.  13.208 which permits the filing of a motion
to dismiss a complaint in lieu of filing an answer to the complaint
when the allegations are ``stale.''
    Additionally, Sec.  13.218(f)(3)(i) would be amended to provide
that the ALJ may--rather than must--strike an allegation in the
complaint if the agency attorney fails to comply with the ALJ's order
to supply a more definite statement. This change gives the ALJ more
flexibility to regulate the course of the proceedings.
    Section 13.218(f)(4) would be amended to add that a party may move
to strike ``impertinent'' and ``scandalous'' matters in a pleading, to
conform with Rule 12 of the Federal Rules of Civil Procedure. The
current rule permits a motion to strike ``redundant,'' ``immaterial''
or ``irrelevant'' material. The FAA proposes deleting the word
``irrelevant'' as unnecessary with the proposed addition of
``impertinent'' matter. The proposed rule would be in harmony with the
similar proposed rule regarding motions to strike in subpart D, Sec.
13.49(d).
    Finally, the FAA would add a new Sec.  13.218(f)(7), titled
``Motions for reconsideration of an initial decision, order dismissing
a complaint, order dismissing a request for hearing or order dismissing
a request for hearing and answer.'' This proposed section would explain
that the FAA decisionmaker could treat such motions as notices of
appeal to the FAA decisionmaker. If such motions were filed within the
time permitted for filing a notice of appeal, the FAA decisionmaker
would issue a briefing schedule. This proposed addition would not
establish new practice, but rather reflect current practice and case
law. The Administrator has held that once the ALJ issues an initial
decision, the ALJ loses jurisdiction over the matter and therefore does
not have authority to reconsider the initial decision. Degenhardt, FAA
Order No. 90-20 (August 16, 1990). The Administrator has also held that
the ALJ has no jurisdiction after issuing an order dismissing a
complaint, (Keller, FAA Order No. 2011-2 (Jan. 11, 2011)), or an order
dismissing a request for hearing, (Seeman, FAA Order No. 2014-3 (Oct.
29, 2014); Barnhill, FAA Order No. 92-32 (May 5, 1992) (ALJ does not
have jurisdiction to reconsider an order granting a motion for summary
judgment)).
    Parties have at times filed motions seeking reconsideration,
rehearing or modification after the ALJ has issued an initial decision
or an order dismissing a request for hearing or complaint even though
the rules of practice do not provide for such motions. The
Administrator has directed that in such instances, the ALJ should
forward the motions to the FAA decisionmaker for consideration as an
appeal. The ALJs have referred these motions to the Administrator and
the Administrator has construed such motions as notices of appeal, and
at times, if the motions were sufficiently detailed, as appeal briefs
as well.\10\
---------------------------------------------------------------------------

    \10\ E.g., Seeman, (Administrator construed Complainant's motion
to vacate order for default judgment as a notice of appeal and an
appeal brief); Rawlings, FAA Order No. 1997-33 (Oct. 21, 1997)
(Administrator construed a memorandum to the ALJ that was received
after the ALJ dismissed the proceedings due to the respondent's
failure to file an answer as a notice of appeal.
---------------------------------------------------------------------------

    The FAA has concluded that amending the rules to permit an ALJ to
reconsider an order dismissing a request for hearing or a complaint, or
an initial decision would unduly lengthen the civil penalty
proceedings. The FAA therefore proposes amending the rule to reflect
current practice and case law, clarifying that the FAA decisionmaker
may treat any motion for reconsideration or the like as a notice of
appeal under Sec.  13.233. Further, if the motion was filed during the
time period for filing notices of appeal, then the Administrator, if
appropriate, would issue a briefing schedule.
Interlocutory Appeals (Sec.  13.219)
    Section 13.219 addresses interlocutory appeals in civil penalty
proceedings. The FAA proposes amending Sec.  13.219(b), (c) and (d) to
provide that written notices of, requests for, or briefs on
interlocutory appeal must be filed with the FAA Hearing Docket and
served on each party and the ALJ. This would ensure conformity with the
service and filing amendments made to Sec. Sec.  13.210 and 13.211.
Discovery (Sec.  13.220)
    Section 13.220 governs discovery in civil penalty proceedings. The
FAA would amend Sec.  13.220(b), (g), and (h), the provisions
addressing methods of discovery, confidential orders, and protective
orders, to align their filing and service instructions with proposed
amendments to Sec. Sec.  13.210 and 13.211 requiring documents to be
filed with the FAA Hearing Docket and served on the ALJ and each other
party.
    Additionally, the FAA proposes amending Sec.  13.220(b) to clarify
that a party must not file or serve written interrogatories, requests
for production of documents or tangible items, requests for admissions,
or responses to any of these with the FAA Hearing Docket or the ALJ.
The current provision does not make this clear, as it merely states
that a party ``is not required'' to file these with the ALJ or the FAA
Hearing Docket Clerk. This amendment is intended to prevent unnecessary
cluttering of the official record in a case. As the rule currently
provides, if a discovery dispute arises, the discovery documents must
be attached to any related motion so that the ALJ would have the
relevant documents to make rulings to resolve the dispute.
    Section 13.220(e) currently provides, in part, that a party has no
ground to object to a discovery request on the basis that the
information sought would

not be admissible at the hearing if the information sought during
discovery is ``reasonably calculated'' to lead to the discovery of
admissible evidence. The FAA proposes changing the ``reasonably
calculated'' standard to the ``relevant to any party's claim or
defense'' standard consistent with recently amended Rule 26(b) of the
Federal Rules of Civil Procedure.
    Current Sec.  13.220(k) provides that a party must not serve more
than 30 interrogatories, but allows a party to file a motion for
permission to serve more than 30 interrogatories. In accordance with
current paragraph (k)(2), the ALJ must ``grant the motion only if the
party shows good cause for the party's failure to inquire about the
information previously and the information cannot reasonably be
obtained using less burdensome discovery methods or be obtained from
other sources.'' To clarify this provision, the FAA proposes to amend
Sec.  13.220(k)(2) to provide that the ALJ may grant a motion to serve
more than 30 interrogatories only upon a showing of good cause. A
showing of good cause could include reasons why the party did not
inquire about particular information in a previously served set of
interrogatories.
    Section 13.220(n) currently governs the ALJ's sanction options for
a party's failure to comply with discovery orders and orders to compel.
The FAA proposes removing references to ``order to compel'' that are in
13.220(n) and its title to streamline the regulation, as it already
refers to the broader term ``discovery order'' which includes an order
to compel. The proposed amendment would also remove the term ``motion
to compel'' which was clearly an error in the original drafting,
because a party does not have to comply with a motion to compel but
instead with a discovery order.
    Additionally, the FAA proposes streamlining the text in Sec.
13.220(n) to parallel that in amended Sec.  13.217(f). The amendment
would provide that if a party fails to comply with a discovery order,
the ALJ may impose any of the listed sanctions as long as the sanction
is proportional to the party's failure to comply with the order. The
FAA proposes to replace the current language ``limited to the extent of
the party's failure to comply'' with the phrase ``proportional to the
party's failure to comply'' simply to make the rule less wordy and more
readable. The proposed revisions would not restrict the ALJ's authority
to adjust the discovery schedule or to direct a party to respond to a
discovery request, as that authority is distinct from the ALJ's
authority to impose sanctions under Sec.  13.220(n).
Public Disclosure of Information (Sec.  13.226)
    Section 13.226 governs public disclosure of any information
contained in the record. Therefore, the FAA proposes amending the title
of this section to ``Public disclosure of information.''
    The FAA proposes amending the filing and service provision in Sec.
13.226(a) to align with the amended filing and service instructions in
Sec. Sec.  13.210 and 13.211.
Subpoenas (Sec.  13.228)
    Section 13.228 governs subpoenas in civil penalty proceedings. The
FAA proposes amending Sec.  13.228(a) and (b), which address requests
for subpoenas and motions to quash or modify subpoenas, to align with
the proposed filing and service amendments in Sec. Sec.  13.210 and
13.211.
    Section 13.228(a) would also be amended to remove the authority of
the FAA Hearing Docket Clerk and the ALJ to issue blank subpoenas upon
request by a party. Instead, a party would need to apply for a subpoena
from the ALJ as permitted by the relevant governing statutes (i.e., 49
U.S.C. 46104 and 5121). The party applying for the subpoena would be
required to show the general relevance and reasonable scope of the
evidence sought by the subpoena. This amendment would place the burden
on the requester to prove that a subpoena would be appropriate rather
than permit the issuance of a subpoena in blank with the burden to
prove the inappropriateness of the subpoena on the person to whom it
was directed. Under the proposed change, only the ALJ--and not the FAA
Hearing Docket Clerk--could issue the requested subpoena if warranted.
This change would harmonize Sec.  13.228(a) with Sec.  13.205(a)(3),
which currently provides that it is within the ALJ's authority to issue
subpoenas. It would also harmonize the subpart G subpoena procedures
with the proposed amended subpoena rule in subpart D, Sec.  13.57.
    The FAA also proposes broadening Sec.  13.228(a) by providing that
the subpoena may be served on the holder of requested documents or
tangible items as permitted by applicable statute, rather than solely
on a witness in a proceeding, as is currently provided in the rule. The
FAA proposes this amendment to make clear that under applicable law
parties must serve subpoenas for relevant documents or tangible items
on the witness or the holder of the documents or tangible items.
Finally, the FAA proposes adding time frames for the service and filing
of requests for subpoenas that would be applicable absent good cause
shown. A request for a subpoena for the purpose of taking depositions
would be filed and served at least 15 days before a scheduled
deposition. A request for a subpoena for the purpose of requiring the
attendance of witnesses or the production of documents or tangible
things at a hearing would be filed and served at least 30 days before a
scheduled hearing. These amendments would harmonize this provision with
subpart D subpoena procedures proposed in Sec.  13.57.
Witness Fees (Sec.  13.229)
    Section 13.229 governs witness fees in civil penalty proceedings.
Section 13.229(a) provides that the party who applies for a subpoena
shall pay the associated witness fees, unless otherwise authorized by
the ALJ. The FAA would remove this fee-shifting provision which permits
the ALJ to shift the standard witness fee burden away from the party
requesting the appearance of a witness. This fee-shifting authority has
not been used, it is not supported by an applicable statute, and it
runs contrary to the ``American Rule'' \11\ that parties pay their own
costs. Under the proposed rule, the party applying for a subpoena would
pay the associated witness fees. This same change is proposed in
subpart D, Sec.  13.57(d).
---------------------------------------------------------------------------

    \11\ See Rule 54(d)(1) of the Federal Rules of Civil Procedure
(each party is responsible for paying its own attorney's fees unless
specific authority permits otherwise).
---------------------------------------------------------------------------

    The FAA also proposes amending Sec.  13.229(b), which currently
provides that a witness who appears at a deposition or hearing (with
the exception of an employee of the FAA who appears at the direction of
the FAA) is entitled to the same fees and mileage expenses as are paid
to a witness in a court of the United States in comparable
circumstances. The amendment would provide clarification by specifying
that that these witnesses would be entitled to fees and allowances as
provided under 28 U.S.C. 1821, the applicable statute governing the
payment of witnesses in judicial proceedings. This change would also
harmonize the witness fee provision in subpart G with Sec.  13.57 in
subpart D, as revised by this proposal.
Record (Sec.  13.230)
    Section 13.230 explains what constitutes the record in civil
penalty proceedings and how to examine or acquire a copy of the record.
Section 13.230(a) provides that the record in a civil penalty
proceeding is comprised of

transcripts of the hearing, exhibits received into evidence, motions,
applications, requests, and rulings. The FAA proposes amending this
section to add that pleadings, transcripts of the prehearing
conferences, briefs, responses to motions, applications, and requests
are also part of the record. Additionally, the FAA would clarify that
only exhibits admitted into evidence are part of the record before an
ALJ, although excluded evidence may form part of the record on appeal
under Sec.  13.225. These proposed amendments would align the rule with
current practice.
    The FAA also proposes amending Sec.  13.230(b), which provides how
a person may examine the record or acquire a copy. This section does
not currently distinguish between parties and nonparties. Under current
practice, parties may have access to all documents that constitute the
record unless ordered otherwise by an ALJ. Current practice is that
non-parties, however, may only obtain a copy of the publicly available
portions of the record. The public, for example, may not examine or
obtain a copy of the portions of the record that the ALJ has ordered to
be withheld from public disclosure or that contain financial
information. To align the regulation with statutory requirements and
existing practice, the FAA proposes specifying that any person may
obtain a copy of the releasable portions of the record in accordance
with applicable law.
Argument Before the Administrative Law Judge (Sec.  13.231)
    Section 13.231 provides the rules governing argument before an ALJ
in civil penalty proceedings, including arguments during the hearing,
final oral argument, and post-hearing briefs. The FAA proposes amending
Sec.  13.231 by adding filing and service requirements to align with
proposed filing and service amendments in Sec. Sec.  13.210 and 13.211.
This would create consistency with filing and service amendments made
throughout subpart G and ensure that FAA Hearing Docket has the
complete record.
Initial Decision (Sec.  13.232)
    Section 13.232 governs the ALJ's initial decision. The FAA would
amend Sec.  13.232(d), which currently addresses when the ALJ's initial
decision is considered an order assessing civil penalty, by moving this
provision to new proposed Sec.  13.232(e). In its place, the FAA would
add a provision that would allow the FAA decisionmaker to treat a
motion for reconsideration of an initial decision as a notice of appeal
under Sec.  13.233, and if the motion were filed within the time
allowed for the filing of a notice of appeal, the FAA decisionmaker
would issue a briefing schedule, as provided in Sec.  13.218. This
reflects current practice, as previously explained in the discussion of
proposed amendments to Sec.  13.218. The FAA decisionmaker would not be
required to treat such motions as notices of appeal.
    Proposed Sec.  13.232(e) would contain the provision currently in
Sec.  13.232(d), amended to provide that the ALJ may not assess a civil
penalty exceeding the amount sought in the complaint. This limitation
is currently provided in Sec.  13.16(j) of subpart C. The FAA proposes
moving the requirement to this section as it pertains to a limitation
on the ALJ's initial decision.
Appeal From Initial Decision (Sec.  13.233)
    Section 13.233 governs the rules for appealing from an ALJ's
initial decision in civil penalty proceedings. The FAA proposes adding
references to the filing and service rules in Sec. Sec.  13.210 and
13.211 throughout Sec.  13.233. The proposed amendment to Sec.
13.233(a) provides an exception to the requirement in proposed Sec.
13.211 that documents be served on the ALJ. The proposed amendment
would provide that a party is not required to serve any appellate
documents under Sec.  13.233 on the ALJ. This exception includes the
notice of appeal, appeal brief, and reply brief.
    The FAA also proposes amending Sec.  13.233(c)(1) and (e)(1) to
replace references to the ``appellate docket clerk'' with the FAA
decisionmaker, as there is no separate appellate docket clerk. This
amendment would clarify that the FAA decisionmaker, rather than the FAA
Hearing Docket Clerk, must serve a letter confirming an extension of
time to file a brief when the parties agree to the extension.
    Sections 13.233(c)(2) and (e)(2) would be amended to permit a party
to file a written response to a motion for extension of time filed by
another party when the parties do not agree to an extension of time.
The current rule does not provide for such responses. The amendment
would provide that a response must be filed no later than 10 days after
service of the motion for extension of time.
    Section 13.233(g) would be amended to require a party to file the
original plus only one copy, instead of two copies, of the appeal brief
or reply brief with the FAA Hearing Docket. The amendment would also
accommodate proposed filing by fax and email as provided in Sec.
13.210, by requiring only one copy of the appeal brief or reply brief.
    Finally, Sec.  13.232(j) would be amended to provide that the FAA
decisionmaker may not assess a civil penalty that is greater than the
amount sought in the complaint as is currently provided in current
Sec.  13.16(j), in subpart C of part 13. The FAA proposes moving the
requirement to this section where is it more suited as it pertains to a
limitation on the FAA decisionmaker's decision.
Petition To Reconsider or Modify a Final Decision and Order of the FAA
Decisionmaker on Appeal (Sec.  13.234)
    Section 13.234 governs petitions for reconsideration or
modification of a final decision and order of the FAA decisionmaker on
appeal. The FAA proposes amending Sec.  13.234(a), (b), and (e) to
align with the proposed filing amendments in Sec. Sec.  13.210 and
13.211. Specifically, under Sec.  13.234(a), a party would file a
petition for reconsideration or modification of a final decision and
order of the FAA decisionmaker with the FAA Hearing Docket, as there is
no appellate docket. The amendment would also accommodate proposed
filing by fax and email by requiring only one copy of the petition for
review. Additionally, Sec.  13.234(e) would be amended to provide that
replies to petitions for reconsideration or modification must be filed
with the FAA Hearing Docket and served on each party as provided under
amended Sec. Sec.  13.210 and 13.211. This proposed amendment provides
an exception to the requirement that documents be served on the ALJ.
The proposed amendment to Sec.  13.234(a) would provide that a party is
not required to serve any documents under Sec.  13.234 on the ALJ.
    Section 13.234(f) describes the effect of filing petitions for
reconsideration or modification of a final decision and order of the
FAA decisionmaker. The FAA proposes amending this section to provide
that the filing of a timely petition would stay the effectiveness of a
decision and order of the FAA decisionmaker until final disposition of
the petition by the FAA decisionmaker. The amended rule would ensure
that the effective date of the Administrator's final decision and order
would be the date that reconsideration or modification is granted,
dismissed or denied. This amendment would bring Sec.  13.234(f) in line
with the comparable provision of the NTSB's Rules of Practice (49 CFR
821.50(f)) and current case law. As a result of this amendment, the FAA
would remove the provision indicating that such petitions to reconsider
or modify a final decision and order of the FAA decisionmaker on

appeal do not toll the time allowed for judicial review.
Alternate Dispute Resolution (Sec.  13.236)
    The FAA proposes adding a new Sec.  13.236 titled ``Alternative
dispute resolution.'' This new section would provide for the voluntary
use of mediation, consistent with the DOT's policy statement on
ADR.\12\ This proposed section would be similar to the ADR provision
proposed in subpart D, Sec.  13.69(a).
---------------------------------------------------------------------------

    \12\ Department of Transportation Alternative Dispute Resolution
Policy Statement, 67 FR 40367, June 12, 2002.
---------------------------------------------------------------------------

H. Redesignation Table

------------------------------------------------------------------------
              Current section                     Proposed section
------------------------------------------------------------------------
Subpart A:
    N/A...................................  Sec.   13.1.
    Sec.   13.1...........................  Sec.   13.2.
    Sec.   13.3...........................  Sec.   13.3.
    Sec.   13.5(a)-(d), (f)-(k)...........  Sec.   13.5.
    Sec.   13.5(a)........................  Sec.   13.5(a).
    Sec.   13.5(b)........................  Sec.   13.5(b).
    Sec.   13.5(c)........................  Sec.   13.5(c).
    Sec.   13.5(d)........................  Sec.   13.5(d).
    Sec.   13.5(e)........................  Removed.
    Sec.   13.5(f)........................  Sec.   13.5(e).
    Sec.   13.5(g)........................  Sec.   13.5(f).
    Sec.   13.5(h)........................  Sec.   13.5(f)(1).
    Sec.   13.5(i)........................  Sec.   13.5(f)(2).
    Sec.   13.5(j)........................  Sec.   13.5(g).
    Sec.   13.5(k)........................  Sec.   13.5(h).
    Sec.   13.7...........................  Sec.   13.7.
Subpart B:
    Sec.   13.11..........................  Sec.   13.11.
Subpart C:
    Sec.   13.13(a).......................  Sec.   13.13(a).
    Sec.   13.13(b).......................  Sec.   13.13(b).
    Sec.   13.13(c).......................  Sec.   13.13(b)(5).
    Sec.   13.14..........................  Removed.
    Sec.   13.15(a).......................  Sec.   13.15(a).
    Sec.   13.15(b).......................  Sec.   13.15(b).
    Sec.   13.15(c)(1)....................  Sec.   13.15(c)(1).
    Sec.   13.15(c)(2)....................  Sec.   13.15(c)(2)(ii),
                                             (c)(3), (c)(4).
    Sec.   13.15(c)(3)....................  Sec.   13.15(c)(2)(i).
    Sec.   13.15(c)(4)....................  Sec.   13.15(c)(2)(i).
    Sec.   13.15(c)(5)....................  Sec.   13.15(c)(5).
    Sec.   13.16(a)-(c)...................  Sec.   13.16(a)-(c).
    Sec.   13.16(d).......................  Sec.   13.16(e).
    Sec.   13.16(e).......................  Sec.   13.16(d).
    Sec.   13.16(f)-(j)...................  Sec.   13.16(f)-(j).
    Sec.   13.16(k).......................  Sec.   13.15(l).
    Sec.   13.16(l).......................  Sec.   13.15(m).
    Sec.   13.16(m).......................  Sec.   13.15(k).
    Sec.   13.16(n).......................  Sec.   13.16(n).
    Sec.   13.17..........................  Sec.   13.17.
    Sec.   13.18..........................  Sec.   13.18.
    Sec.   13.19(a)-(b)...................  Sec.   13.19(a).
    Sec.   13.19(c).......................  Sec.   13.19(b).
    Sec.   13.19(d).......................  Removed.
    N/A...................................  Sec.   13.19(c).
    N/A...................................  Sec.   13.19(d).
    Sec.   13.20(a).......................  Sec.   13.20(a).
    Sec.   13.20(b).......................  Sec.   13.20(b).
    Sec.   13.20(c).......................  Sec.   13.20(c)(1).
    Sec.   13.20(d).......................  Sec.   13.20(c)(2).
    Sec.   13.20(e).......................  Sec.   13.20(c)(4).
    Sec.   13.20(f).......................  Sec.  Sec.   13.20(c)(3),
                                             13.63(b).
    Sec.   13.20(g).......................  Sec.   13.65(a).
    Sec.   13.20(h).......................  Sec.   13.65(b).
    Sec.   13.20(i).......................  Sec.   13.65(c).
    Sec.   13.20(j).......................  Sec.   13.65(d).
    Sec.   13.20(k).......................  Sec.   13.45(c).
    Sec.   13.20(l).......................  Sec.   13.20(f).
    Sec.   13.20(m).......................  Removed.
    N/A...................................  Sec.   13.20(e).
    Sec.   13.21..........................  Removed.
    Sec.   13.23..........................  Removed.
    Sec.   13.25..........................  Removed.
    Sec.   13.27..........................  Removed.
    Sec.   13.29..........................  Removed.
Subpart D:
    Sec.   13.31..........................  Sec.   13.31.
    Sec.   13.33..........................  Sec.   13.33(b).
    N/A...................................  Sec.   13.33(a), (c).
    Sec.   13.35(a).......................  Sec.   13.35(a), Sec.
                                             13.43(c).
    Sec.   13.35(b).......................  Sec.   13.35(a).
    Sec.   13.35(c).......................  Sec.   13.35(c).
    Sec.   13.35(d).......................  Sec.   13.35(b).
    Sec.   13.37(a)-(j)...................  Sec.   13.37(a)-(j).
    Sec.   13.37(k).......................  Sec.   13.37(l).
    N/A...................................  Sec.   13.37(m).
    Sec.   13.39..........................  Sec.   13.39.
    N/A...................................  Sec.   13.41.
    Sec.   13.43(a).......................  Sec.   13.43(a).
    N/A...................................  Sec.   13.43(b), (d), (e).
    Sec.   13.43(b).......................  Sec.   13.43(f).
    Sec.   13.43(c).......................  Sec.   13.43(g).
    Sec.   13.43(d).......................  Sec.   13.43(h).
    Sec.   13.43(e).......................  Sec.   13.43(h).
    Sec.   13.44(a).......................  Sec.   13.45(a).
    Sec.   13.44(b).......................  Sec.   13.45(b), (c).
    Sec.   13.45..........................  Sec.   13.47(b).
    Sec.   13.47..........................  Sec.   13.47(a).
    Sec.   13.49(a).......................  Sec.   13.49(a)(1).
    N/A...................................  Sec.   13.49(b).
    Sec.   13.49(c).......................  Sec.   13.49(a)(2).
    Sec.   13.49(d).......................  Sec.   13.49(c).
    Sec.   13.49(e).......................  Sec.   13.49(d).
    Sec.   13.49(f).......................  Sec.   13.49(e).
    Sec.   13.49(g).......................  Removed.
    N/A...................................  Sec.   13.49(g).
    Sec.   13.49(h).......................  Sec.   13.49(h).
    Sec.   13.51..........................  Sec.   13.51.
    Sec.   13.53..........................  Sec.   13.53(d).
    N/A...................................  Sec.   13.53(a)-(c), (e).
    Sec.   13.55..........................  Sec.   13.55.
    Sec.   13.57(a).......................  Sec.   13.57(a).
    Sec.   13.57(b).......................  Sec.   13.57(b).
    Sec.   13.57(c).......................  Sec.   13.57(c).
    Sec.   13.57(d).......................  Removed.
    N/A...................................  Sec.   13.57(d).
    N/A...................................  Sec.   13.57(e).
    N/A...................................  Sec.   13.57(f).
    Sec.   13.59(a).......................  Sec.   13.59(a).
    Sec.   13.59(b).......................  Sec.   13.59(b).
    Sec.   13.59(c).......................  Sec.   13.49(f).
    Sec.   13.61..........................  Sec.   13.61.
    Sec.   13.63..........................  Sec.   13.63(a).
    N/A...................................  Sec.   13.63(b)-(c).
    N/A...................................  Sec.   13.65.
    N/A...................................  Sec.   13.67.
    N/A...................................  Sec.   13.69.
Subpart E:
    Sec.   13.71..........................  Sec.   13.71.
    Sec.   13.73..........................  Sec.   13.73.
    Sec.   13.75..........................  Sec.   13.75.
    Sec.   13.77..........................  Sec.   13.77.
    Sec.   13.79..........................  Sec.   13.63(b).
    Sec.   13.81(a).......................  Sec.   13.81(a).
    Sec.   13.81(b).......................  Removed.
    Sec.   13.81(c).......................  Sec.   13.81(b).
    Sec.   13.81(d).......................  Sec.   13.81(c).
    Sec.   13.81(e)-(g)...................  Removed.
    Sec.   13.83(a).......................  Sec.   13.65(a).
    Sec.   13.83(b).......................  Removed.
    Sec.   13.83(c).......................  Removed.
    Sec.   13.83(d).......................  Sec.   13.65(b).
    Sec.   13.83(e).......................  Sec.   13.65(c).
    Sec.   13.83(f).......................  Removed.
    Sec.   13.83(g).......................  Sec.   13.65(d).
    Sec.   13.83(h).......................  Removed.
    Sec.   13.85..........................  Removed.
    Sec.   13.87..........................  Sec.   13.45(b)-(c).
Subpart F:
    Sec.   13.101.........................  Sec.   13.101.
    Sec.   13.103.........................  Sec.   13.103.
    Sec.   13.105.........................  Sec.   13.105.
    Sec.   13.107.........................  Sec.   13.107.
    Sec.   13.109.........................  Sec.   13.109.
    Sec.   13.111.........................  Sec.   13.111.
    Sec.   13.113.........................  Sec.   13.113.
    Sec.   13.115.........................  Sec.   13.115.
    Sec.   13.117.........................  Sec.   13.117.
    Sec.   13.119.........................  Sec.   13.119.
    Sec.   13.121.........................  Sec.   13.121.
    Sec.   13.123.........................  Sec.   13.123.
    Sec.   13.125.........................  Sec.   13.125.
    Sec.   13.127.........................  Sec.   13.127.
    Sec.   13.129.........................  Sec.   13.129.
    Sec.   13.131.........................  Sec.   13.131.
Subpart G:
    Sec.   13.201.........................  Sec.   13.201.
    Sec.   13.202.........................  Sec.   13.202.
    Sec.   13.203.........................  Sec.   13.203.
    Sec.   13.204.........................  Sec.   13.204.
    Sec.   13.205(a)(1)-(9)...............  Sec.   13.205(a)(1)-(9).
    Sec.   13.205(b)......................  Sec.   13.205(a)(10).
    N/A...................................  Sec.   13.205(a)(11).
    Sec.   13.206.........................  Sec.   13.206.
    Sec.   13.207.........................  Sec.   13.207.
    Sec.   13.208.........................  Sec.   13.208.
    Sec.   13.209(a)......................  Sec.   13.209(a).
    Sec.   13.209(b)......................  Sec.   13.209(a)-(b), (d),
                                             Sec.   13.210.
    Sec.   13.209(c)......................  Sec.   13.209(c).
    Sec.   13.209(d)......................  Sec.   13.209(d).
    Sec.   13.209(e)......................  Sec.   13.209(e).
    Sec.   13.209(f)......................  Sec.   13.209(f).
    Sec.   13.210(a)......................  Sec.   13.210(a), (b), (c),
                                             (g).
    Sec.   13.210(b)......................  Sec.   13.210(d).
    Sec.   13.210(c)......................  Sec.   13.210(e).
    Sec.   13.210(d)......................  Sec.   13.210(f).
    Sec.   13.210(e)......................  Sec.   13.230(b).
    N/A...................................  Sec.   13.210(h).
    Sec.   13.211(a)......................  Sec.   13.211(a).
    Sec.   13.211(b)......................  Sec.   13.211(c).
    Sec.   13.211(c)......................  Sec.   13.211(d).
    Sec.   13.211(d)......................  Sec.   13.211(e).
    Sec.   13.211(e)......................  Removed.
    Sec.   13.211(f)......................  Sec.   13.211(b).
    Sec.   13.211(g)......................  Sec.   13.211(f).
    Sec.   13.211(h)......................  Removed.
    Sec.   13.212.........................  Sec.   13.212.
    Sec.   13.213.........................  Sec.   13.213.
    Sec.   13.214.........................  Sec.   13.214.
    Sec.   13.215.........................  Sec.   13.215.
    Sec.   13.216.........................  Sec.   13.216.
    Sec.   13.217.........................  Sec.   13.217.
    Sec.   13.218.........................  Sec.   13.218.
    N/A...................................  Sec.   13.218(f)(7).
    Sec.   13.219.........................  Sec.   13.219.

    Sec.   13.220.........................  Sec.   13.220.
    Sec.   13.221.........................  Sec.   13.221.
    Sec.   13.222.........................  Sec.   13.222.
    Sec.   13.223.........................  Sec.   13.223.
    Sec.   13.224.........................  Sec.   13.224.
    Sec.   13.225.........................  Sec.   13.225.
    Sec.   13.226.........................  Sec.   13.226.
    Sec.   13.227.........................  Sec.   13.227.
    Sec.   13.228.........................  Sec.   13.228.
    Sec.   13.229.........................  Sec.   13.229.
    Sec.   13.230.........................  Sec.   13.230.
    Sec.   13.231.........................  Sec.   13.231.
    Sec.   13.232(a)......................  Sec.   13.232(a).
    Sec.   13.232(b)......................  Sec.   13.232(b).
    Sec.   13.232(c)......................  Sec.   13.232(c).
    Sec.   13.232(d)......................  Sec.   13.232(e).
    N/A...................................  Sec.   13.232(d).
    Sec.   13.233.........................  Sec.   13.233.
    Sec.   13.234.........................  Sec.   13.234.
    Sec.   13.235.........................  Sec.   13.235.
    N/A...................................  Sec.   13.236.
------------------------------------------------------------------------

IV. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. L. 96-39) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States. In
developing U.S. standards, the Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation with
base year of 1995). This portion of the preamble summarizes the FAA's
analysis of the economic impacts of this proposed rule.
    This proposed rule would amend the FAA's investigative and
enforcement procedures to update position title references and reflect
organizational changes in the Chief Counsel's Office, update outdated
statutory and regulatory references, update outdated addresses, and
provide uniformity across part 13. The proposal would also reorganize
and reword existing provisions to eliminate inconsistencies, clarify
ambiguity, increase efficiency, and improve readability. These changes
would ensure that the public has current information and rule language
that is easier to understand. Another proposed change would require
that persons filing documents take reasonable steps to prevent
disclosure of certain personally identifiable information via documents
filed under Subpart G. A person or party may object to public
disclosure of the information by filing a motion as is currently
required, but under this proposed rule would have to include both an
un-redacted and a redacted copy that indicates the information sought
to be withheld. The cost of these changes would be minimal.
    The proposed rule would also provide the option for an expedited
administrative process to subjects of emergency orders to which Sec.
13.20 applies. Currently, part 13 does not provide for an expedited
administrative process for the subjects of such orders. The only
recourse for litigating such an order is a direct appeal under 49
U.S.C. 46110 to a U.S. court of appeals, which can be costly and slow.
The rule proposes adding the option of an expedited administrative
hearing before a Hearing Officer followed by an expedited
administrative appeal to the Administrator. The proposed expedited
process is consistent with existing processes for issuing other types
of emergency orders and notices of proposed actions. Also, expedited
subpart D proceedings are not new, as current subpart E uses subpart D
procedures for appeals of hazardous materials emergency orders of
compliance issued under current Sec.  13.81(a). Because the proposed
process is similar to existing processes, and because there have only
been two appeals of such orders since 2012 where it would apply, the
costs stemming from the proposed process would be minimal. Finally, an
order issued after exhaustion of the proposed expedited administrative
process could be appealed to a U.S. court of appeals under 49 U.S.C.
46110.
    The proposed expedited administrative process could also lead to an
efficient resolution of the matter, without an appeal to a U.S. court
of appeals. This could result in lower costs than if the matter had
been directly litigated before a U.S. court of appeals, which requires
an initial $500 filing fee versus no initial filing fee in the proposed
administrative proceedings. Other potential cost savings might result
because of net savings in attorneys' fees, i.e., the difference in cost
of hiring an attorney for a potentially lengthy U.S. court of appeals
case versus, for the expedited administrative process, either
proceeding pro se (without an attorney) or hiring an attorney. In
addition, the expedited administrative process could resolve the matter
in a far shorter time than a U.S. court of appeals, as the
Administrator must issue the final order in the proposed expedited
administrative process within 80 days. U.S. court of appeals cases, on
the other hand, have a median duration of approximately 8 months that
could result in protracted litigation costs and business loss.
Additionally, a direct appeal to a U.S. court of appeals could require
a remand to the agency for it to consider matters that otherwise could
have been resolved under the proposed expedited administrative process.
After exhaustion of the proposed expedited administrative process, a
respondent could still appeal to a U.S. court of appeals. Even if a
respondent resorts to judicial review first, the court of appeals has
discretion to require further administrative proceedings, if, for
example, the court believes doing so would help develop the record in
the case. Therefore, even if the case is not resolved by the proposed
expedited administrative process, records developed during that process
could later be used by the U.S. court of appeals, reducing the
potential costs of a judicial appeal.
    As the FAA does not know how many persons subject to emergency
orders would opt for expedited hearings and of these how many would end
up before a U.S. court of appeals, the FAA cannot conclude how many
persons would potentially receive cost savings. However, the FAA
expects small cost savings because emergency orders issued under Sec.
13.20 are infrequent. As already mentioned, there have been only two
such cases since 2012.
    The proposed rule also provides the additional option of using
mediation as an alternative dispute resolution procedure in actions
under subparts D and G to reduce the potential burden associated with
litigating these matters. Litigation could be avoided if mediation
results in a mutually agreeable outcome. If mediation is successful and
litigation can be avoided there is the potential for cost savings as
the cost of mediation is likely to be less than that of litigation.
    As with the option for an expedited hearing, mediation may not
fully resolve a matter and the respondent may still choose to litigate.
However, mediation may reduce the cost of litigation because it can
narrow issues and provide for greater cooperation during discovery.

The FAA does not know how many parties would participate in a mediation
process, or whether the outcome would be lower costs. The annual
average number of subpart D and G cases received by the FAA Hearing
Docket from 2012 through 2016 was 61. The FAA expects that the number
of parties opting for mediation would likely not exceed this number. As
the cost savings of opting for mediation is expected to be minimal, the
FAA concludes that the total cost savings of providing this option
would be minimal.
    The proposed rule would also add the less burdensome options of
serving and filing a single copy of a document in subpart D and G
proceedings by email or fax. This would have the potential of minimal
cost savings. Current requirements only allow filing and serving
documents by personal delivery or by mail. The party must file an
original and a copy of each document and also serve a copy on each
party.
    The rule also proposes to remove the FAA Hearing Docket Clerk's
authority in civil penalty cases under subpart G to issue blank
subpoenas upon request by a party and instead requires a party applying
for a subpoena to show the general relevance and reasonable scope of
the evidence sought by the subpoena. Under the proposal, only the ALJ
would have the authority to issue a subpoena upon a showing of the
general relevance and reasonable scope of the evidence sought by the
subpoena. The burden would be on the party requesting the subpoena to
prove it is appropriate. Because it could avoid subpoenas that impose
irrelevant and burdensome requests for testimony, documents, and
tangible things, it is potentially cost saving. From the start of 2014
through the end of 2017, the FAA Hearing Docket Clerk has issued 40
subpoenas, and if some unnecessary and irrelevant subpoenas could be
avoided in the future there might be minimal cost savings.
    Finally, section 13.210(e)(1) currently explains that materials
filed in the FAA Hearing Docket in civil penalty adjudications are made
publicly available on the Federal Docket Management System's (FDMS)
website, www.regulations.gov. For purposes of administrative
efficiency, the FAA proposes to discontinue using the FDMS website for
such materials.\13\ Based on current billing, the FAA estimates the
cost savings would be approximately $50,000 per year to discontinue
using the FDMS website for part 13 adjudication docket materials.\14\
Over a 10-year period of analysis this cost savings would total about
$500,000 or about $351,179 present value at a 7% discount rate.
---------------------------------------------------------------------------

    \13\ Final decisions will continue to be made available on the
FAA's website and through commercial legal reporting services.
    \14\ Savings based on the portion of FAA's total annual billing
costs for dockets and FDMS services attributable to adjudication
materials.
---------------------------------------------------------------------------

    The FAA concludes that this proposed rule is a minimal cost rule
based on the potential for minimal cost savings as explained herein.
    The FAA has, therefore, determined that this proposed rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation.'' To achieve this principle, agencies are
required to solicit and consider flexible regulatory proposals and to
explain the rationale for their actions to assure that such proposals
are given serious consideration. The RFA covers a wide-range of small
entities, including small businesses, not-for-profit organizations, and
small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
    The proposed rule, if promulgated is likely to affect a substantial
number of small entities, but as it is a minimal cost rule it is not
expected to have a significant economic impact on a substantial number
of small entities.
    The rule would codify current practice, and rewrite and reorganize
a part of the CFR to make it more understandable. It would update
outdated references and addresses. It would add less burdensome and
faster-moving administrative appeal options. It would require that
persons filing documents take reasonable steps to prevent disclosure of
certain personally identifiable information via those documents, and
that motions to withhold information from the public be accompanied by
an un-redacted and a redacted copy of the document. It would also add
less burdensome options for serving and filing papers. It could
eliminate some requests for subpoenas that otherwise would cost parties
or subpoenaed persons time and money to defend against. The FAA has
determined the proposed rule is a minimal cost rule with the potential
for cost savings.
    If an agency determines that a rulemaking will not result in a
significant economic impact on a substantial number of small entities,
the head of the agency may so certify under section 605(b) of the RFA.
Therefore, as provided in section 605(b) and based on the foregoing,
the head of the FAA certifies that this proposed rule, if promulgated,
will not result in a significant economic impact on a substantial
number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. The FAA has
assessed the potential effect of this proposed rule and determined that
it would impose the same minimal costs and minimal cost savings on
domestic and international entities and thus has a neutral trade
impact.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects

of any Federal mandate in a proposed or final agency rule that may
result in an expenditure of $100 million or more (in 1995 dollars) in
any one year by State, local, and tribal governments, in the aggregate,
or by the private sector; such a mandate is deemed to be a
``significant regulatory action.'' The FAA currently uses an inflation-
adjusted value of $155 million in lieu of $100 million. This proposed
rule does not contain such a mandate; therefore, the requirements of
Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. According to the 1995
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement unless it displays
a currently valid Office of Management and Budget (OMB) control number.
    This action does not propose new information collection
requirements. Currently, the public may voluntarily submit information
to the FAA as provided in Section 13.5 of title 14 of the CFR. To
address this voluntary information collection, the FAA has submitted
this information collection assessment to OMB for its review, as
required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)).
    Summary: Section 13.5 of title 14 of the CFR currently allows any
person to file a complaint with the FAA Administrator regarding a
person's violation of 49 U.S.C. subtitle VII, 49 U.S.C. chapter 51, or
any rule, regulation, or order issued under those statutes. Thus, the
overall burden associated with submission and processing of these
complaints is not new. It is also optional, as there is no obligation
for any individual file a formal complaint.
    As laid out in 14 CFR 13.5(b), a formal complaint must be in
writing, state that it is a complaint seeking an appropriate order or
enforcement action, identify the subjects of the complaint, state the
specific laws that each subject violated, provide a concise but
complete statement of the facts substantiating the violations, and
include the name, address, telephone number, email, and signature of
the person filing the complaint. After the FAA confirms that the
complaint meets these requirements, it sends the complaint to the
subjects of the complaint and gives them an opportunity to submit a
written answer. If a complaint does not meet these requirements, it is
considered a report under 14 CFR 13.2.
    Use: The FAA uses the information in the complaint and answer to
determine if the matter warrants investigation or action. If it does,
the FAA proceeds with an investigation. If not, the FAA dismisses the
complaint and gives the reason for dismissal in writing to both the
person who filed the complaint and the subjects of the complaint.
    Respondents: Formal complaints are typically submitted by a single
individual or organization. Almost all formal complaints are about
evenly split between three basic categories (complainant listed first):
Individual vs. individual, individual vs. organization, and
organization vs. organization.
    Frequency: We estimate this collection of information would result
in 7 formal complaints per year.\15\
---------------------------------------------------------------------------

    \15\ This estimate is based on the number of formal complaints
the FAA has received in the last three years. Between calendar years
2015 and 2017, 18 formal complaints were submitted to the FAA: 3 in
2015, 7 in 2016, and 8 in 2017.
---------------------------------------------------------------------------

    Annual Burden Estimate: We estimate that it would take an
individual about 4 hours to write a formal complaint acceptable under
Sec.  13.5. Most of this time would be the research required to
determine which laws the subject of the complaint supposedly violated.
The second largest amount of time would be devoted to writing the
``concise but complete'' statement of facts substantiating the
complaint.
    The FAA estimates there would be 7 complaints filed per year by 7
respondents. Each complaint would take no more than 4 hours to
complete. The annual hourly burden would be 28 hours for the public to
submit formal complaints (7 complaints x 4 hours = 28 hours).
    After the FAA reviews the complaint and confirms it meets the
requirements, each subject of the complaint would have an opportunity
to submit a written answer. We estimate this would take the subject 4
hours. The annual hourly burden to the public would be another 28 hours
for the subject of the complaint to provide a written answer (7 written
answers x 4 hours = 28 hours).\16\ The total annual hourly burden to
the public would be 56 hours.
---------------------------------------------------------------------------

    \16\ Assumes each formal complaint would meet the requirements
as laid out in 14 CFR 13.5(b), so the FAA can send the complaint to
the subject of the complaint to give them an opportunity to submit a
written answer.
---------------------------------------------------------------------------

    Since a complainant and a subject of a complaint could be employed
in any occupation, we selected a mean hourly wage rate for all
occupations in the U.S. The U.S. Bureau of Labor Statistics estimates
of the mean hourly wage rate of all occupations was $24.34 in May
2017.\17\ The FAA estimates the total burdened hourly wage rate is
$35.69 when including full employee benefits.\18\ The total annual cost
burden to the public would be about $1,999 ($35.69 x 56 hours).
---------------------------------------------------------------------------

    \17\ Source: U.S. Bureau of Labor Statistics, May 2017 National
Occupational Employment and Wage Estimates, see Occupational Code
#00-0000, All Occupations (https://www.bls.gov/oes/current/oes_nat.htm#00-0000).
    \18\ Derived from the U.S. Bureau of Labor Statistics, Employer
Costs for Employee Compensation--March 2018 (https://www.bls.gov/news.release/pdf/ecec.pdf, June 8, 2018 release), which indicates
that wages and salaries were 68.2% of total employee compensation
(salary and benefits) providing a fringe benefit factor of about
1.4663 (=1 / 0.682). We use this factor to estimate the total
``burdened'' employee compensation (salary and benefits) hourly wage
rate of $35.69 (=$24.34 x 1.4663).
---------------------------------------------------------------------------

    The complaint would take an FAA attorney no more than 4 hours to
review to confirm it meets the requirements as laid out in 14 CFR
13.5(b). The annual time burden for the FAA would be 28 hours. The FAA
would take an additional hour to send the complaint to the subjects of
that complaint, which would add an additional 7 hours. The FAA would
then take another estimated 3 hours to determine if an investigation
would be necessary, adding an additional 21 hours to the FAA annual
burden. The total annual burden would be 56 hours for the FAA.
    We assume an FAA hourly wage rate of $63.51.\19\ We estimate the
total burdened FAA hourly wage rate to be $86.54 when including full
civilian employee benefits.\20\ The total annual cost burden to the FAA
to review and process the complaint would be $4,846 ($86.54 x 56 =
$4,846).
---------------------------------------------------------------------------

    \19\ We assume that 75% of the work would be performed by an FAA
attorney at a grade level 14 step 5 hourly wage of $60.83 and 25% by
an FAA attorney at a grade level 15 step 5 hourly wage of $71.56
(wages based on U.S. Office of Personnel Management General Schedule
Salary Data).
    \20\ We use a civilian fringe benefit cost factor of 36.25% (or
1.3625) to estimate the total ``burdened'' FAA employee compensation
(salary and benefits) hourly wage rate of $86.54 (=$63.51 x 1.3625).
The civilian fringe benefit cost factor is based on guidance from
the U.S. Office of Management and Budget (https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2008/m08-13.pdf).
---------------------------------------------------------------------------

    We estimate the total combined (public + FAA) annual burden and
cost of the information requirements to be about 112 hours and $6,845.
The total combined burden and cost over three years is about 336 hours
and $20,535. This annual burden and cost already exists under the
current regulations and it is optional, as there is no obligation for
any individual to file a formal complaint.

    The agency is soliciting comments to--
    (1) Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden;
    (3) Enhance the quality, utility, and clarity of the information to
be collected; and
    (4) Minimize the burden of collecting information on those who are
to respond, including by using appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
    Individuals and organizations may send comments on the information
collection requirement to the address listed in the ADDRESSES section
at the beginning of this preamble by April 15, 2019. Comments also
should be submitted to the Office of Management and Budget, Office of
Information and Regulatory Affairs, Attention: Desk Officer for FAA,
New Executive Building, Room 10202, 725 17th Street NW, Washington, DC
20053.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these proposed regulations.

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6 and involves no extraordinary
circumstances.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. The agency has
determined that this action would not have a substantial direct effect
on the States, or the relationship between the Federal Government and
the States, or on the distribution of power and responsibilities among
the various levels of government, and, therefore, would not have
Federalism implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use

    The FAA analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
would not be a ``significant energy action'' under the executive order
and would not be likely to have a significant adverse effect on the
supply, distribution, or use of energy.

C. Executive Order 13609, Promoting International Regulatory
Cooperation

    Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action would have
no effect on international regulatory cooperation.

D. Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs

    This proposed rule is expected to be an E.O. 13771 deregulatory
action. Details on the estimated cost savings of this proposed rule can
be found in the rule's economic analysis.

VI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data or rationale. To ensure the docket does not
contain duplicate comments, commenters should send only one copy of
written comments, or if comments are filed electronically, commenters
should submit only one time.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The agency may change this proposal in
light of the comments it receives.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the
internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies web page at http://www.faa.gov/regulations_policies; or
    3. Accessing the Government Printing Office's web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling<PHONE_NUMBER>.
Commenters must identify the docket or notice number of this
rulemaking.
    All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the internet through the Federal eRulemaking Portal referenced in item
(1) above.

List of Subjects in 14 CFR Part 13

    Administrative practice and procedure, Air transportation, Aviation
safety, Hazardous material transportation, Investigations, Law
enforcement, Penalties.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend chapter 1 of title 14, Code of Federal
Regulations as follows:

PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES

0
1. Revise the authority citation for part 13 to read as follows:

    Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C.
106(g), 5121-5124, 5127 40113-40114, 44103-44106, 44701-44703,
44709-44710, 44713, 46101-46111, 46301, 46302 (for a violation of 49
U.S.C. 46504), 46304-46316, 46318, 46501-46502, 46504-46507, 47106,
47107, 47111, 47122, 47306, 47531-47532; 49 CFR 1.83.

0
2. Revise Subpart A to read as follows:

Subpart A--General Authority to Re-Delegate and Investigative
Procedures

Sec.
13.1 Re-delegation.
13.2 Reports of violations.
13.3 Investigations (general).
13.5 Formal complaints.
13.7 Records, documents and reports.

Sec.  13.1  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.

Sec.  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.

Sec.  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.
    (b) The Administrator may delegate the authority to conduct
investigations to the various services and offices for matters within
their respective areas.
    (c) The Administrator's authority to issue orders, conduct
investigations, order depositions, hold hearings, issue subpoenas, and
require the production of relevant documents, records, and property, is
delegated to the Chief Counsel, each Deputy Chief Counsel, and the
Assistant Chief Counsel for Enforcement.
    (d) A complaint against the sponsor, proprietor, or operator of a
federally assisted airport involving violations of the legal
authorities listed in Sec.  16.1 of this chapter must be filed in
accordance with the provisions of part 16 of this chapter.

Sec.  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. 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 (AGC-300), 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.
    (c) A complaint that does not meet the requirements of paragraph
(b) of this section will be considered a report under Sec.  13.2.
    (d) The FAA will send a copy of a complaint that meets the
requirements of paragraph (b) of this section to the subject(s) 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 (b)(2) of this section no later than 20 days after service of
a copy of the complaint. For purposes of this paragraph, 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 subject(s) 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
subject(s) 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
subject(s) of a complaint will be advised which official has been
delegated the responsibility under Sec.  13.3(b) or (c), as applicable,
for conducting the investigation.
    (g) If the investigation substantiates the allegations set forth in
the complaint, a notice of proposed order may be issued or other
enforcement action taken in accordance with this part.
    (h) The complaint and other records relating to the disposition of
the complaint are maintained in the Formal Complaint Docket (AGC-300),
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.

Sec.  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 investigation conducted by the Administrator; and, except to the
extent the use may be specifically limited or prohibited by the section
which imposes the requirement, the records, documents, and reports may
be used in any civil penalty action, certificate action, or other legal
proceeding.
0
3. Revise subpart B to read as follows:

Subpart B--Administrative Actions

Sec.  13.11  Administrative disposition of certain violations.

    (a) If, after an investigation, FAA personnel determine that an
apparent violation of 49 U.S.C. subtitle VII, 49 U.S.C. chapter 51, or
any rule, regulation, or order issued under those statutes, does not
require legal enforcement action, an appropriate FAA official may take
administrative action to address the apparent violation.
    (b) An administrative action under this section does not constitute
a formal adjudication of the matter, and may take the form of--
    (1) A Warning Notice that recites available facts and information
about the incident or condition and indicates that it may have been a
violation; or
    (2) A Letter of Correction that states the corrective action the
apparent violator has taken or agrees to take. If the apparent violator
does not complete the agreed corrective action, the FAA may take legal
enforcement action.
0
4. Revise subpart C to read as follows:

Subpart C--Legal Enforcement Actions

Sec.
13.13 Consent orders.
13.14 [Removed and Reserved]
13.15 Civil penalties: Other than by administrative assessment.
13.16 Civil Penalties: Administrative assessment against a person
other than an individual acting as a pilot, flight engineer,
mechanic, or repairman. Administrative assessment against all
persons for hazardous materials violations.
13.17 Seizure of aircraft.
13.18 Civil penalties: Administrative assessment against an
individual acting as a pilot, flight engineer, mechanic, or
repairman.
13.19 Certificate actions appealable to the National Transportation
Safety Board.
13.20 Orders of compliance, cease and desist orders, orders of
denial, and other orders.
13.21 [Removed and Reserved]
13.23 [Removed and Reserved]
13.25 [Removed and Reserved]
13.27 [Removed and Reserved]
13.29 [Removed and Reserved]

Sec.  13.13  Consent orders.

    (a) The Chief Counsel, each Deputy Chief Counsel, and the Assistant
Chief Counsel for Enforcement may issue a consent order to resolve any
matter with a person that may be subject to legal enforcement action.
    (b) A person that may be subject to legal enforcement action may
propose a consent order. 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 or order has been issued prior to the proposed
consent order, an incorporation by reference of the notice or order and
an acknowledgment that the notice or order may be used to construe the
terms of the consent order; and
    (5) If a request for hearing or appeal is pending in any forum, a
provision that the person will withdraw the request for hearing or
notice of appeal.

Sec.  13.14   [Reserved]

Sec.  13.15  Civil penalties: Other than by administrative assessment.

    (a) The FAA uses the procedures in this section when it seeks a
civil penalty other than by the administrative assessment procedures in
Sec. Sec.  13.16 or 13.18.
    (b) The authority of the Administrator to seek a civil penalty, and
the ability to refer cases to the United States Attorney General, or
the delegate of the Attorney General, for prosecution of civil penalty
actions sought by the Administrator is delegated to the Chief Counsel,
each Deputy Chief Counsel, and the Assistant Chief Counsel for
Enforcement. This delegation applies to cases involving one or more of
the following:
    (1) An amount in controversy in excess of:
    (i) $400,000, if the violation was committed by a person other than
an individual or small business concern; or
    (ii) $50,000, if the violation was committed by an individual or
small business concern.
    (2) An in rem action, seizure of aircraft subject to lien, suit for
injunctive relief, or for collection of an assessed civil penalty.
    (c) The Administrator may compromise any civil penalty proposed
under this section, before referral to the United States Attorney
General, or the delegate of the Attorney General, for prosecution.
    (1) The Administrator, through the Chief Counsel, a Deputy Chief
Counsel, or the Assistant Chief Counsel for Enforcement sends a civil
penalty letter to the person charged with a violation. The civil
penalty letter contains a statement of the charges, the applicable law,
rule, regulation, or order, and the amount of civil penalty that the
Administrator will accept in full settlement of the action or an offer
to compromise the civil penalty.
    (2) Not later than 30 days after receipt of the civil penalty
letter, the person cited with an alleged violation may respond to the
civil penalty letter by--
    (i) Submitting electronic payment, a certified check, or money
order in the amount offered by the Administrator in the civil penalty
letter. The agency attorney will send a letter to the person charged
with the violation stating that payment is accepted in full settlement
of the civil penalty action; or
    (ii) Submitting one of the following to the agency attorney:
    (A) Written material or information that may explain, mitigate, or
deny the violation or that may show extenuating circumstances; or
    (B) A written request for an informal conference to discuss the
matter with the agency attorney and to submit any relevant information
or documents that may explain, mitigate, or deny the violation or that
may show extenuating circumstances.
    (3) The documents, material, or information submitted under
subparagraph (c)(2)(ii) of this section may include support for any
claim of inability to pay the civil penalty in whole or in part, or for
any claim of small business status as defined in 49 U.S.C. 46301(i).
    (4) The Administrator will consider any material or information
submitted under paragraph (c)(2)(ii) of this section to determine
whether the person is subject to a civil penalty or to determine the
amount for which the Administrator will compromise the action.
    (5) If the parties cannot agree to compromise the civil penalty,
the Administrator may refer the civil penalty action to the United
States Attorney General, or the delegate of the Attorney General, to
begin proceedings in a U.S. district court to prosecute and collect the
civil penalty.

Sec.  13.16  Civil Penalties: Administrative assessment against a
person other than an individual acting as a pilot, flight engineer,
mechanic, or repairman. Administrative assessment against all persons
for hazardous materials violations.

    (a) The FAA uses the procedures in this section when it assesses a
civil penalty against a person other than an individual acting as a
pilot, flight engineer, mechanic, or repairman for a violation cited in
the first sentence of 49 U.S.C. 46301(d)(2), or in 49 U.S.C. 47531, or
any implementing rule, regulation or order, except when the U.S.
district courts have exclusive jurisdiction.
    (b) The U.S. district courts have exclusive jurisdiction of any
civil penalty action initiated by the FAA for violations described in
paragraph (a) of this section if--
    (1) The amount in controversy is more than $400,000 for a violation
committed by a person other than an individual or small business
concern;
    (2) The amount in controversy is more than $50,000 for a violation
committed by an individual or a small business concern;
    (3) The action is in rem or another action in rem based on the same
violation has been brought;
    (4) The action involves an aircraft subject to a lien that has been
seized by the Government; or
    (5) Another action has been brought for an injunction based on the
same violation.
    (c) Hazardous materials violations. An order assessing a civil
penalty for a violation under 49 U.S.C. chapter 51, or a rule,
regulation, or order issued under that chapter is issued only after the
following factors have been considered:
    (1) The nature, circumstances, extent, and gravity of the
violation;
    (2) With respect to the violator, the degree of culpability, any
history of

prior violations, the ability to pay, and any effect on the ability to
continue to do business; and
    (3) Other matters that justice requires.
    (d) Delegation of authority. The authority of the Administrator is
delegated to each Deputy Chief Counsel and the Assistant Chief Counsel
for Enforcement, as follows:
    (1) Under 49 U.S.C. 46301(d), 47531, and 5123, and 49 CFR 1.83, to
initiate and assess civil penalties for a violation of those statutes
or a rule, regulation, or order issued under those provisions;
    (2) Under 49 U.S.C. 5123, 49 CFR 1.83, 49 U.S.C. 46301(d), and 49
U.S.C. 46305, to refer cases to the Attorney General of the United
States or a delegate of the Attorney General for collection of civil
penalties;
    (3) Under 49 U.S.C. 46301(f), to compromise the amount of a civil
penalty imposed; and
    (4) Under 49 U.S.C. 5123 (e) and (f) and 49 CFR 1.83, to compromise
the amount of a civil penalty imposed.
    (e) Order assessing civil penalty.
    (1) An order assessing civil penalty may be issued for a violation
described in paragraphs (a) or (c) of this section, or as otherwise
provided by statute, after notice and opportunity for a hearing, when:
    (i) A person charged with a violation agrees to pay a civil penalty
for a violation; or
    (ii) A person charged with a violation does not request a hearing
under paragraph (g)(2)(ii) of this section within 15 days after receipt
of a final notice of proposed civil penalty.
    (2) The following also serve as an order assessing civil penalty:
    (i) An initial decision or order issued by an administrative law
judge as described in Sec.  13.232(e).
    (ii) A decision or order issued by the FAA decision maker as
described in Sec.  13.233(j).
    (f) Notice of proposed civil penalty. A civil penalty action is
initiated by sending a notice of proposed civil penalty to the person
charged with a violation, the designated agent for the person, or if
there is no such designated agent, the president of the company charged
with a violation. In response to a notice of proposed civil penalty, a
company may designate in writing another person to receive documents in
that civil penalty action. The notice of proposed civil penalty
contains a statement of the charges and the amount of the proposed
civil penalty. Not later than 30 days after receipt of the notice of
proposed civil penalty, the person charged with a violation may--
    (1) Submit the amount of the proposed civil penalty or an agreed-
upon amount, in which case either an order assessing civil penalty or
compromise order under paragraph (n) of this section may be issued in
that amount;
    (2) Submit to the agency attorney one of the following:
    (i) Written information, including documents and witness
statements, demonstrating that a violation of the regulations did not
occur or that a penalty or the amount of the penalty is not warranted
by the circumstances.
    (ii) A written request to reduce the proposed civil penalty, the
amount of reduction, and the reasons and any documents supporting a
reduction of the proposed civil penalty, including records indicating a
financial inability to pay or records showing that payment of the
proposed civil penalty would prevent the person from continuing in
business.
    (iii) A written request for an informal conference to discuss the
matter with the agency attorney and to submit relevant information or
documents; or
    (3) Request a hearing conducted in accordance with subpart G of
this part.
    (g) Final notice of proposed civil penalty. A final notice of
proposed civil penalty will be sent to the person charged with a
violation, the designated agent for the person under 49 U.S.C. 46103,
the designated agent named in accordance with paragraph (f) of this
section, or the president of the company charged with a violation. The
final notice of proposed civil penalty contains a statement of the
charges and the amount of the proposed civil penalty and, as a result
of information submitted to the agency attorney during informal
procedures, may modify an allegation or a proposed civil penalty
contained in a notice of proposed civil penalty.
    (1) A final notice of proposed civil penalty may be issued--
    (i) If the person charged with a violation fails to respond to the
notice of proposed civil penalty within 30 days after receipt of that
notice; or
    (ii) If the parties participated in any procedures under paragraph
(f)(2) of this section and the parties have not agreed to compromise
the action or the agency attorney has not agreed to withdraw the notice
of proposed civil penalty.
    (2) Not later than 15 days after receipt of the final notice of
proposed civil penalty, the person charged with a violation may do one
of the following--
    (i) Submit the amount of the proposed civil penalty or an agreed-
upon amount, in which case either an order assessing civil penalty or a
compromise order under paragraph (n) of this section may be issued in
that amount; or
    (ii) Request a hearing conducted in accordance with subpart G of
this part.
    (h) Request for a hearing. Any person requesting a hearing, under
paragraph (f)(3) or paragraph (g)(2)(ii) of this section must file the
request with the FAA Hearing Docket Clerk and serve the request on the
agency attorney in accordance with the requirements in subpart G of
this part.
    (i) Hearing. The procedural rules in subpart G of this part apply
to the hearing.
    (j) Appeal. Either party may appeal the administrative law judge's
initial decision to the FAA decisionmaker under the procedures in
subpart G of this part. The procedural rules in subpart G of this part
apply to the appeal.
    (k) Judicial Review. A person may seek judicial review only of a
final decision and order of the FAA decisionmaker in accordance with
Sec.  13.235.
    (l) Payment.
    (1) A person must pay a civil penalty by:
    (i) Sending a certified check or money order, payable to the
Federal Aviation Administration, to the FAA office identified in the
notice of proposed civil penalty, the final notice of proposed civil
penalty, or the order assessing civil penalty, or
    (ii) Making an electronic payment according to the directions
specified in the notice of proposed civil penalty, the final notice of
proposed civil penalty, or the order assessing civil penalty.
    (2) The civil penalty must be paid within 30 days after service of
the order assessing civil penalty, unless otherwise agreed to by the
parties. In cases where a hearing is requested, an appeal to the FAA
decisionmaker is filed, or a petition for review of the FAA
decisionmaker's decision is filed in a U.S. court of appeals, the civil
penalty must be paid within 30 days after all litigation in the matter
is completed and the civil penalty is affirmed in whole or in part.
    (m) Collection of civil penalties. If an individual does not pay a
civil penalty imposed by an order assessing civil penalty or other
final order, the Administrator may take action to collect the penalty.
    (n) Compromise. The FAA may compromise the amount of any civil
penalty imposed under this section under 49 U.S.C. 5123(e), 46301(f),
or 46318 at any time before referring the action to the United States
Attorney General, or the delegate of the Attorney General, for
collection.
    (1) When a civil penalty is compromised with a finding of

violation, an agency attorney issues an order assessing civil penalty.
    (2) When a civil penalty is compromised without a finding of
violation, the agency attorney issues a compromise order that states
the following:
    (i) The person has paid a civil penalty or has signed a promissory
note providing for installment payments.
    (ii) The FAA makes no finding of a violation.
    (iii) The compromise order will not be used as evidence of a prior
violation in any subsequent civil penalty proceeding or certificate
action proceeding.

Sec.  13.17  Seizure of aircraft.

    (a) A State or federal law enforcement officer, or a Federal
Aviation Administration safety inspector, authorized in an order of
seizure issued by the Regional Administrator of the region, or by the
Chief Counsel, may seize an aircraft that is involved in a violation
for which a civil penalty may be imposed on its owner or the individual
commanding the aircraft.
    (b) Each person seizing an aircraft under this section places it in
the nearest available and adequate public storage facility in the
judicial district in which it was seized.
    (c) The Regional Administrator or Chief Counsel, without delay,
sends a written notice and a copy of this section to the registered
owner of the seized aircraft and to each other person shown by FAA
records to have an interest in it, stating the--
    (1) Time, date, and place of seizure;
    (2) Name and address of the custodian of the aircraft;
    (3) Reasons for the seizure, including the violations alleged or
proven to have been committed; and
    (4) Amount that may be tendered as--
    (i) A compromise of a civil penalty for the alleged violation; or
    (ii) Payment for a civil penalty imposed for a proven violation.
    (d) The Chief Counsel or Assistant Chief Counsel for Enforcement
immediately sends a report to the United States Attorney for the
judicial district in which it was seized, requesting the United States
Attorney to institute proceedings to enforce a lien against the
aircraft.
    (e) The Regional Administrator or Chief Counsel directs the release
of a seized aircraft when--
    (1) The alleged violator pays a civil penalty or an amount agreed
upon in compromise, and the costs of seizing, storing, and maintaining
the aircraft;
    (2) The aircraft is seized under an order of a federal court in
proceedings in rem initiated under 49 U.S.C. 46305 to enforce a lien
against the aircraft, or the United States Attorney for the judicial
district concerned notifies the FAA that the United States Attorney
refuses to institute those proceedings; or
    (3) A bond in the amount and with the sureties prescribed by the
Chief Counsel or the Assistant Chief Counsel for Enforcement is
deposited, conditioned on payment of the penalty or the compromise
amount, and the costs of seizing, storing, and maintaining the
aircraft.

Sec.  13.18  Civil penalties: Administrative assessment against an
individual acting as a pilot, flight engineer, mechanic, or repairman.

    (a) General. (1) This section applies to each action in which the
FAA seeks to assess a civil penalty by administrative procedures
against an individual acting as a pilot, flight engineer, mechanic, or
repairman under 49 U.S.C. 46301(d)(5) for a violation listed in 49
U.S.C. 46301(d)(2). This section does not apply to a civil penalty
assessed for a violation of 49 U.S.C. chapter 51, or a rule or order
issued thereunder.
    (2) District court jurisdiction. Notwithstanding the provisions of
paragraph (a)(1) of this section, the U.S. district courts have
exclusive jurisdiction of any civil penalty action involving an
individual acting as a pilot, flight engineer, mechanic, or repairman
for violations described in that paragraph, or under 49 U.S.C.
46301(d)(4), if:
    (i) The amount in controversy is more than $50,000.
    (ii) The action involves an aircraft subject to a lien that has
been seized by the government; or
    (iii) Another action has been brought for an injunction based on
the same violation.
    (b) Definitions. As used in this part, the following definitions
apply:
    (1) Flight engineer means an individual who holds a flight engineer
certificate issued under part 63 of this chapter.
    (2) Individual acting as a pilot, flight engineer, mechanic, or
repairman means an individual acting in such capacity, whether or not
that individual holds the respective airman certificate issued by the
FAA.
    (3) Mechanic means an individual who holds a mechanic certificate
issued under part 65 of this chapter.
    (4) Pilot means an individual who holds a pilot certificate issued
under part 61 of this chapter.
    (5) Repairman means an individual who holds a repairman certificate
issued under part 65 of this chapter.
    (c) Delegation of authority. The authority of the Administrator is
delegated to each Deputy Chief Counsel, and the Assistant Chief Counsel
for Enforcement, as follows:
    (1) To initiate and assess civil penalties under 49 U.S.C.
46301(d)(5);
    (2) To refer cases to the Attorney General of the United States, or
the delegate of the Attorney General, for collection of civil
penalties; and
    (3) To compromise the amount of a civil penalty under 49 U.S.C.
46301(f).
    (d) Notice of proposed assessment. A civil penalty action is
initiated by sending a notice of proposed assessment to the individual
charged with a violation specified in paragraph (a) of this section.
The notice of proposed assessment contains a statement of the charges
and the amount of the proposed civil penalty. The individual charged
with a violation may do the following:
    (1) Submit the amount of the proposed civil penalty or an agreed-
upon amount, in which case either an order of assessment or a
compromise order will be issued in that amount.
    (2) Answer the charges in writing by submitting information,
including documents and witness statements, demonstrating that a
violation of the regulations did not occur or that a penalty or the
amount of the penalty is not warranted by the circumstances.
    (3) Submit a written request to reduce the proposed civil penalty,
stating the amount of reduction and the reasons and any documents
supporting a reduction of the proposed civil penalty, including records
indicating a financial inability to pay.
    (4) Submit a written request for an informal conference to discuss
the matter with an agency attorney and submit relevant information or
documents.
    (5) Request that an order of assessment be issued so that the
individual charged may appeal to the National Transportation Safety
Board.
    (e) Failure to respond to notice of proposed assessment. An order
of assessment may be issued if the individual charged with a violation
fails to respond to the notice of proposed assessment within 15 days
after receipt of that notice.
    (f) Order of assessment. An order of assessment, which imposes a
civil penalty, may be issued for a violation described in paragraph (a)
of this section after notice and an opportunity to answer any charges
and be heard as to why such order should not be issued.
    (g) Appeal. Any individual who receives an order of assessment
issued under this section may appeal the order to the National
Transportation Safety Board. The appeal stays the

effectiveness of the Administrator's order.
    (h) Judicial review. A party may seek judicial review only of a
final decision and order of the National Transportation Safety Board
under 49 U.S.C. 46301(d)(6), 46301(g), and 46110. Neither an initial
decision nor an order issued by an administrative law judge that has
not been appealed to the National Transportation Safety Board, nor an
order compromising a civil penalty action, may be appealed under any of
those sections.
    (i) Compromise. The FAA may compromise any civil penalty imposed
under this section at any time before referring the action to the
United States Attorney General, or the delegate of the Attorney
General, for collection.
    (1) When a civil penalty is compromised with a finding of
violation, an agency attorney issues an order of assessment.
    (2) When a civil penalty is compromised without a finding of
violation, the agency attorney issues a compromise order of assessment
that states the following:
    (i) The individual has paid a civil penalty or has signed a
promissory note providing for installment payments;
    (ii) The FAA makes no finding of violation; and
    (iii) The compromise order will not be used as evidence of a prior
violation in any subsequent civil penalty proceeding or certificate
action proceeding.
    (j) Payment. (1) An individual must pay a civil penalty by:
    (i) Sending a certified check or money order, payable to the
Federal Aviation Administration, to the FAA office identified in the
order of assessment, or
    (ii) Making an electronic payment according to the directions
specified in the order of assessment.
    (2) The civil penalty must be paid within 30 days after service of
the order of assessment, unless an appeal is filed with the National
Transportation Safety Board. The civil penalty must be paid within 30
days after a final order of the Board or a court of appeals affirms the
order of assessment in whole or in part.
    (k) Collection of civil penalties. If an individual does not pay a
civil penalty imposed by an order of assessment or other final order,
the Administrator may take action provided under the law to collect the
penalty.

Sec.  13.19  Certificate actions appealable to the National
Transportation Safety Board.

    (a) The Administrator may issue an order amending, modifying,
suspending, or revoking all or part of any type certificate, production
certificate, airworthiness certificate, airman certificate, air carrier
operating certificate, air navigation facility certificate, or air
agency certificate if as a result of a reinspection, reexamination, or
other investigation, the Administrator determines that the public
interest and safety in air commerce requires it, if a certificate
holder has violated an aircraft noise or sonic boom standard or
regulation prescribed under 49 U.S.C. 44715(a), or if the holder of the
certificate is convicted of violating 16 U.S.C. 742j-1(a).
    (b) Before issuing a non-immediately effective order to amend,
modify, suspend, or revoke a type certificate, production certificate,
airworthiness certificate, airman certificate, air carrier operating
certificate, air navigation facility certificate, air agency
certificate, or to revoke an aircraft certificate of registration
because the aircraft was used to carry out or facilitate an activity
punishable, under a law of the United States or a State related to a
controlled substance (except a law related to simple possession of a
controlled substance), by death or imprisonment for more than one year
and the owner of the aircraft permitted the use of the aircraft knowing
that the aircraft was to be used for the activity--
    (1) The agency attorney issues a notice advising the certificate
holder or aircraft owner of the charges or other reasons upon which the
Administrator bases the proposed action and allows the holder to answer
any charges and to be heard as to why the certificate should not be
amended, suspended, modified, or revoked.
    (2) In response to a notice of proposed certificate action
described in paragraph (b)(1) of this section, the certificate holder
or aircraft owner, within 15 days of the date of receipt of the notice,
may--
    (i) Surrender the certificate and waive any right to contest or
appeal the charged violations and sanction, in which case the
Administrator will issue an order;
    (ii) Answer the charges in writing by submitting information,
including documents and witness statements, demonstrating that a
violation of the regulations did not occur or that the proposed
sanction is not warranted by the circumstances;
    (iii) Submit a written request for an informal conference to
discuss the matter with an agency attorney and submit relevant
information or documents; or
    (iv) Request that an order be issued in accordance with the notice
of proposed certificate action so that the certificate holder or
aircraft owner may appeal to the National Transportation Safety Board.
    (c) In the case of an emergency order amending, modifying,
suspending, or revoking a type certificate, production certificate,
airworthiness certificate, airman certificate, air carrier operating
certificate, air navigation facility certificate, or air agency
certificate, a person affected by the immediate effectiveness of the
Administrator's order may petition the National Transportation Safety
Board for a review of the Administrator's determination that an
emergency exists.
    (d) A person may not petition the National Transportation Safety
Board for a review of the Administrator's determination that an
emergency exists where the action is based on the circumstances
described in paragraphs (d)(1), (d)(2) or (d)(3) of this section.
    (1) The revocation of an individual's airman certificates for the
reasons stated in paragraph (d)(1)(i) or (d)(1)(ii) of this section:
    (i) A conviction under a law of the United States or a State
related to a controlled substance (except a law related to simple
possession of a controlled substance), of an offense punishable by
death or imprisonment for more than one year if the Administrator finds
that--
    (A) An aircraft was used to commit, or facilitate the commission of
the offense; and
    (B) The individual served as an airman, or was on the aircraft, in
connection with committing, or facilitating the commission of, the
offense.
    (ii) Knowingly carrying out an activity punishable, under a law of
the United States or a State related to a controlled substance (except
a law related to simple possession of a controlled substance), by death
or imprisonment for more than one year; and--
    (A) An aircraft was used to carry out or facilitate the activity;
and
    (B) The individual served as an airman, or was on the aircraft, in
connection with carrying out, or facilitating the carrying out of, the
activity.
    (2) The revocation of a certificate of registration for an
aircraft, and any other aircraft the owner of that aircraft holds, if
the Administrator finds that--
    (i) The aircraft was used to carry out or facilitate an activity
punishable, under a law of the United States or a State related to a
controlled substance (except a law related to simple possession of a
controlled substance), by death or imprisonment for more than one year;
and

    (ii) The owner of the aircraft permitted the use of the aircraft
knowing that the aircraft was to be used for the activity described in
paragraph (d)(2)(i) of this section.
    (3) The revocation of an airman certificate, design organization
certificate, type certificate, production certificate, airworthiness
certificate, air carrier operating certificate, airport operating
certificate, air agency certificate, or air navigation facility
certificate if the Administrator finds that the holder of the
certificate or an individual who has a controlling or ownership
interest in the holder--
    (i) Was convicted in a court of law of a violation of a law of the
United States relating to the installation, production, repair, or sale
of a counterfeit or fraudulently-represented aviation part or material;
or
    (ii) Knowingly, and with the intent to defraud, carried out or
facilitated an activity described in paragraph (d)(3)(i) of this
section.

Sec.  13.20  Orders of compliance, cease and desist orders, orders of
denial, and other orders.

    (a) This section applies to all of the following:
    (1) Orders of compliance;
    (2) Cease and desist orders;
    (3) Orders of denial;
    (4) Orders suspending or revoking a certificate of registration
(but not revocation of a certificate of registration because the
aircraft was used to carry out or facilitate an activity punishable,
under a law of the United States or a State related to a controlled
substance (except a law related to simple possession of a controlled
substance), by death or imprisonment for more than one year and the
owner of the aircraft permitted the use of the aircraft knowing that
the aircraft was to be used for the activity); and
    (5) Other orders issued by the Administrator to carry out the
provisions of the federal aviation statute codified at 49 U.S.C.
subtitle VII for which there is no administrative process provided by
statute, rule, regulation, or order.
    (b)(1) Prior to the issuance of a non-immediately effective order
covered by this section, the person who would be subject to the order
is provided with notice, advising the person of the charges or other
reasons upon which the proposed action is based, and the provisions in
paragraph (c) of this section apply.
    (2) If the Administrator is of the opinion that an emergency exists
related to safety in air commerce and requires immediate action and
issues an order covered by this section that is immediately effective,
the provisions of paragraph (d) of this section apply.
    (c) Non-Emergency Procedures. (1) Within 30 days after service of
the notice, the person subject to the notice may:
    (i) Submit a written reply;
    (ii) Agree to the issuance of the order as proposed in the notice
of proposed action, waiving any right to contest or appeal the agreed-
upon order issued under this option in any administrative or judicial
forum;
    (iii) Submit a written request for an informal conference to
discuss the matter with an agency attorney; or
    (iv) Request a hearing in accordance with the non-emergency
procedures of subpart D of this part.
    (2) After an informal conference is held or a reply is filed, if
the agency attorney notifies the person that some or all of the
proposed agency action will not be withdrawn, the person may, within 10
days after receiving the agency attorney's notification, request a
hearing on the parts of the proposed agency action not withdrawn, in
accordance with the non-emergency procedures of Subpart D of this part.
    (3) If a hearing is requested in accordance with paragraph
(d)(1)(iv) or (d)(2) of this section, the non-emergency procedures of
Subpart D of this part apply.
    (4) Failure to request a hearing within the periods provided in
paragraphs (d)(1)(iv) or (d)(2) of this section:
    (i) Constitutes a waiver of the right to a hearing and appeal; and
    (ii) Authorizes the agency to make any appropriate findings of fact
and to issue an appropriate order without further notice or
proceedings.
    (d) Emergency Procedures. (1) If the Administrator is of the
opinion that an emergency exists related to safety in air commerce and
requires immediate action, the Administrator issues simultaneously:
    (i) An immediately effective order that expires 80 days after the
date of issuance and sets forth the charges or other reasons upon which
the order is based.
    (ii) A notice of proposed action that:
    (A) Sets forth the charges or other reasons upon which the notice
of proposed action is based; and
    (B) Advises that within 10 days after service of the notice, the
person may appeal the notice by requesting an expedited hearing in
accordance with the emergency procedures of subpart D of this part.
    (2) The Administrator will serve the immediately effective order
and the notice of proposed action together by personal or overnight
delivery and by certified or registered mail to the person subject to
the order and notice of proposed action.
    (3) Failure to request a hearing challenging the notice of proposed
action under the expedited procedures in subpart D within 10 days after
service of the notice:
    (i) Constitutes a waiver of the right to a hearing and appeal under
subpart D; and
    (ii) Authorizes the Administrator, without further notice or
proceedings, to make appropriate findings of fact, issue an immediately
effective order without expiration, and withdraw the 80-day immediately
effective order.
    (4) The filing of a request for hearing under subpart D does not
stay the effectiveness of the 80-day immediately effective order issued
under this section.
    (e) The authority of the Administrator under this section is
delegated to the Chief Counsel, each Deputy Chief Counsel, and the
Assistant Chief Counsel for Enforcement.

Sec.  13.21   [Removed and Reserved]

Sec.  13.23   [Removed and Reserved]

Sec.  13.25   [Removed and Reserved]

Sec.  13.27   [Removed and Reserved]

Sec.  13.29   [Removed and Reserved]

0
5. Revise subpart D to read as follows:

Subpart D--Rules of Practice for FAA Hearings

Sec.
13.31 Applicability.
13.33 Parties, representatives, and notice of appearance.
13.35 Request for hearing, complaint, and answer.
13.37 Hearing Officer: Assignment and powers.
13.39 Disqualification of Hearing Officer.
13.41 Separation of functions and prohibition on ex parte
communications.
13.43 Service and filing of pleadings, motions, and documents.
13.44 [Removed and Reserved]
13.45 Computation of time and extension of time.
13.47 Withdrawal or amendment of the complaint, answer or other
filings.
13.49 Motions.
13.51 Intervention.
13.53 Discovery.
13.55 Notice of hearing.
13.57 Subpoenas and witness fees.
13.59 Evidence.
13.61 Argument and submittals.
13.63 Record, decision, and aircraft registration proceedings.
13.65 Appeal to the Administrator, reconsideration and judicial
review.
13.67 Procedures for expedited proceedings.
13.69 Other matters: Alternative dispute resolution, standing
orders, and forms.

Sec.  13.31  Applicability.

    This subpart applies to proceedings in which a hearing has been
requested in accordance with Sec. Sec.  13.20 or 13.75. Hearings under
this subpart are considered informal and are provided through the
Office of Adjudication.

Sec.  13.33  Parties, representatives, and notice of appearance.

    (a) Parties. Parties to proceedings under this subpart include the
following: Complainant, respondent, and where applicable, intervenor.
    (1) Complainant is the FAA Office that issued the notice of
proposed action under the authorities listed in Sec.  13.31.
    (2) Respondent is the party filing a request for hearing.
    (3) Intervenor is a person permitted to participate as a party
under Sec.  13.51.
    (b) Representatives. Any party to a proceeding under this subpart
may appear and be heard in person or by a representative. A
representative is an attorney, or another representative designated by
the party.
    (c) Notice of appearance. (1) Content. The representative of a
party must file a notice of appearance that includes the
representative's name, address, telephone number, and, if available,
fax number, and email address.
    (2) Filing. A notice of appearance may be incorporated into an
initial filing in a proceeding. A notice of appearance by additional
representatives or substitutes after an initial filing in a proceeding
must be filed independently.

Sec.  13.35  Request for hearing, complaint, and answer.

    (a) Initial filing and service. A request for hearing must be filed
with the FAA Hearing Docket, and a copy must be served on the official
who issued the notice of proposed action, in accordance with the
requirements in Sec.  13.43 for filing and service of documents. The
request for hearing must be in writing and describe the action proposed
by the FAA, and must contain a statement that a hearing is requested
under this subpart D.
    (b) Complaint. Within 20 days after service of the copy of the
request for hearing, the official who issued the notice of proposed
action must forward a copy of that notice, which serves as the
complaint, to the FAA Hearing Docket.
    (c) Answer. Within 30 days after service of the copy of the
complaint, the Respondent must file an answer to the complaint. All
allegations in the complaint not specifically denied in the answer are
deemed admitted.

Sec.  13.37  Hearing Officer: Assignment and powers.

    As soon as practicable after the filing of the complaint, the
Director of the Office of Adjudication will assign a Hearing Officer to
preside over the matter. The Hearing Officer may--
    (a) Give notice concerning, and hold, prehearing conferences and
hearings;
    (b) Administer oaths and affirmations;
    (c) Examine witnesses;
    (d) Adopt procedures for the submission of evidence in written
form;
    (e) Issue subpoenas;
    (f) Rule on offers of proof;
    (g) Receive evidence;
    (h) Regulate the course of proceedings, including but not limited
to discovery, motions practice, imposition of sanctions, and the
hearing;
    (i) Hold conferences, before and during the hearing, to settle and
simplify issues by consent of the parties;
    (j) Dispose of procedural requests and similar matters;
    (k) Issue protective orders governing the exchange and safekeeping
of information otherwise protected by law, except that national
security information may not be disclosed under such an order;
    (l) Issue orders and decisions, and make findings of fact, as
appropriate; and
    (m) Take any other action authorized by this subpart.

Sec.  13.39  Disqualification of Hearing Officer.

    If disqualified for any reason, the Hearing Officer must withdraw
from the case.

Sec.  13.41  Separation of functions and prohibition on ex parte
communications.

    (a) Separation of powers. The Hearing Officer independently
exercises the powers under this subpart in a manner conducive to
justice and the proper dispatch of business. The Hearing Officer must
not participate in any appeal to the Administrator.
    (b) Ex parte communications. (1) No substantive ex parte
communications between the Hearing Officer and any party are permitted.
    (2) A hearing, conference, or other event scheduled with prior
notice will not constitute ex parte communication prohibited by this
section. A hearing, conference, or other event scheduled with prior
notice, may proceed in the Hearing Officer's sole discretion if a party
fails to appear, respond, or otherwise participate, and will not
constitute an ex parte communication prohibited by this section.
    (3) For an appeal to the Administrator under this subpart, FAA
attorneys representing the complainant must not advise the
Administrator or engage in any ex parte communications with the
Administrators or his advisors.

Sec.  13.43  Service and filing of pleadings, motions, and documents.

    (a) General rule. A party must file all requests for hearing,
pleadings, motions, and documents with the FAA Hearing Docket, and must
serve a copy upon all parties to the proceedings.
    (b) Methods of filing. Filing must be by email, personal delivery,
mail, or fax.
    (c) Address for filing. A person filing a document with the FAA
Hearing Docket must use the address identified for the method of filing
as follows:
    (1) If delivery is in person, or by expedited or overnight express
courier service: Federal Aviation Administration, 600 Independence
Avenue SW, Wilbur Wright Building--Suite 2W100, Washington, DC 20597;
Attention: FAA Hearing Docket, AGC-70.
    (2) If delivery is via U.S. mail, or U.S. certified or registered
mail: Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591; Attention: FAA Hearing Docket, AGC-70, Wilbur
Wright Building--Suite 2W100.
    (3) The FAA Office of Adjudication will make available on its
website, an email address and fax number for the FAA Hearing Docket, as
well as other contact information.
    (d) Requirement to file an original document and number of copies.
A party must file an original document and one copy when filing by
personal delivery or by mail. Only one copy must be filed if filing is
accomplished by email or fax.
    (e) Filing by email. A document that is filed by email must be
attached as a Portable Document Format (PDF) file to an email. The
document must be signed in accordance with Sec.  13.207. The email
message does not constitute a submission, but serves only to deliver
the attached PDF file to the FAA Hearing Docket.
    (f) Methods of service.--(1) General. A person may serve any
document by email, personal delivery, mail, or fax.
    (2) Service by email. Service of documents by email is voluntary
and requires the prior consent of the person to be served by email. A
person may retract consent to be served by email by filing and serving
a written retraction. A document that is served by email must be
attached as a PDF file to an email message.
    (g) Certificate of service. A certificate of service must accompany
all documents filed with the FAA Hearing

Docket. The certificate of service must be signed, describe the method
of service, and state the date of service.
    (h) Date of filing and service. If a document is sent by fax or
email, the date of filing and service is the date the email or fax is
sent. If a document is sent by personal delivery or by expedited or
overnight express courier service, the date of filing and service is
the date that delivery is accomplished. If a document is mailed, the
date of filing and service is the date shown on the certificate of
service, the date shown on the postmark if there is no certificate of
service, or the mailing date shown by other evidence if there is no
certificate of service or postmark.

Sec.  13.44   [Removed and Reserved]

Sec.  13.45  Computation of time and extension of time.

    (a) In computing any period of time prescribed or allowed by this
subpart, the date of the act, event, default, notice or order is not to
be included in the computation. The last day of the period so computed
is to be included unless it is a Saturday, Sunday, or Federal holiday,
in which event the period runs until the end of the next day that is
not a Saturday, Sunday or a Federal holiday.
    (b) The parties may agree to extend the time for filing any
document required by this subpart, with the consent of--
    (1) The Director of the Office of Adjudication, prior to the
designation of a Hearing Officer;
    (2) The Hearing Officer, prior to the filing of a notice of appeal;
or
    (3) The Director of the Office of Adjudication, after the filing of
a notice of appeal.
    (c) If the parties do not agree, a party may make a written request
to extend the time for filing to the appropriate official identified in
paragraph (b) of this section. The appropriate official may grant the
request for good cause shown.

Sec.  13.47  Withdrawal or amendment of the complaint, answer or other
filings.

    (a) Withdrawal. At any time before the hearing, the complainant may
withdraw the complaint, and the respondent may withdraw the request for
hearing.
    (b) Amendments. At any time more than 10 days before the date of
hearing, any party may amend its complaint, answer, or other pleading,
by filing the amendment with the FAA Hearing Docket and serving a copy
of it on each other party. After that time, amendment requires approval
of the Hearing Officer. If an initial pleading is amended, the Hearing
Officer must allow the other parties a reasonable opportunity to
respond.

Sec.  13.49  Motions.

    (a) Motions in lieu of an answer. A respondent may file a motion to
dismiss or a motion for a more definite statement in place of an
answer. If the Hearing Officer denies the motion, the respondent must
file an answer within 10 days.
    (1) Motion to dismiss. The respondent may file a motion asserting
that the allegations in the complaint fail to state a violation of
federal aviation statutes, regulations in this chapter, lack of
qualification of the respondent, or other appropriate grounds.
    (2) Motion for more definite statement. The respondent may file a
motion that the allegations in the notice be made more definite and
certain.
    (b) Motion to dismiss request for hearing. The FAA may file a
motion to dismiss a request for hearing based on jurisdiction,
timeliness, or other appropriate grounds.
    (c) Motion for decision on the pleadings or for summary decision.
After the complaint and answer are filed, either party may move for a
decision on the pleadings or for a summary decision, in the manner
provided by Rules 12 and 56, respectively, of the Federal Rules of
Civil Procedure.
    (d) Motion to strike. Upon motion of either party, the Hearing
Officer may order stricken, from any pleadings, any insufficient
allegation or defense, or any redundant, immaterial, impertinent, or
scandalous matter.
    (e) Motion to compel. Any party may file a motion asking the
Hearing Offer to order any other party to produce discovery requested
in accordance with Sec.  13.53 if--
    (1) The other party has failed to timely produce the requested
discovery; and
    (2) The moving party certifies it has in good faith conferred with
the other party in an attempt to obtain the requested discovery prior
to filing the motion to compel.
    (f) Motion for protective order. The Hearing Officer may order
information contained in anything filed or in any testimony given
pursuant to this subpart withheld from public disclosure when, in the
judgment of the Hearing Officer, disclosure would be detrimental to
aviation safety; disclosure would not be in the public interest; or the
information is not otherwise required to be made available to the
public. Any person may make written objection to the public disclosure
of any information, stating the ground for such objection.
    (g) Other motions. Any application for an order or ruling not
otherwise provided for in this subpart must be made by motion.
    (h) Responses to motions. Any party may file a response to any
motion under this subpart within 10 days after service of the motion.

Sec.  13.51  Intervention.

    Any person may move for leave to intervene in a proceeding and may
become a party thereto, if the Hearing Officer, after the case is sent
to the Hearing Officer for hearing, finds that the person may be bound
by the order to be issued in the proceedings or has a property or
financial interest that may not be adequately represented by existing
parties, and that the intervention will not unduly broaden the issues
or delay the proceedings. Except for good cause shown, a motion for
leave to intervene may not be considered if it is filed less than 10
days before the hearing.

Sec.  13.53  Discovery.

    (a) Discovery requests and responses are not filed with the FAA
Hearing Docket unless in support of a motion, offered for impeachment,
or other permissible circumstances as approved by the Hearing Officer.
    (b) Scope of discovery. Any party may discover any matter that is
not privileged and is relevant to any party's claim or defense.
    (c) Time for response to written discovery requests. (1) Written
discovery includes interrogatories, requests for admission or
stipulations, and requests for production of documents.
    (2) Unless otherwise directed by the Hearing Officer, a party must
serve its response to a discovery request no later than 30 days after
service of the discovery request.
    (d) Depositions. After the respondent has filed a request for
hearing and an answer, either party may take testimony by deposition.
    (e) Limits on discovery. The Hearing Officer may limit the
frequency and extent of discovery upon a showing by a party that--
    (1) The discovery requested is cumulative or repetitious;
    (2) The discovery requested can be obtained from another less
burdensome and more convenient source;
    (3) The party requesting the information has had ample opportunity
to obtain the information through other discovery methods permitted
under this section; or
    (4) The method or scope of discovery requested by the party is
unduly burdensome or expensive.

Sec.  13.55  Notice of hearing.

    The Hearing Officer must set a reasonable date, time, and location
for the hearing, and must give the parties adequate notice thereof and
of the nature of the hearing. Due regard must be given to the
convenience of the parties with respect to the location of the hearing.

Sec.  13.57  Subpoenas and witness fees.

    (a) The Hearing Officer, upon application by any party to the
proceeding, may issue subpoenas requiring the attendance of witnesses
or the production of documents or tangible things at a hearing or for
the purpose of taking depositions, as permitted by law. The application
for producing evidence must show its general relevance and reasonable
scope. Absent good cause shown, a party must file a request for a
subpoena at least:
    (1) 15 days before a scheduled deposition under the subpoena; or
    (2) 30 days before a scheduled hearing where attendance at the
hearing is sought.
    (b) A party seeking the production of a document in the custody of
an FAA employee must use the discovery procedure found in Sec.  13.53,
and if necessary, a motion to compel under Sec.  13.49. A party that
applies for the attendance of an FAA employee at a hearing must send
the application, in writing, to the Hearing Officer setting forth the
need for that employee's attendance.
    (c) Except for an employee of the agency who appears at the
direction of the agency, a witness who appears at a deposition or
hearing is entitled to the same fees and allowances as provided for
under 28 U.S.C. 1821. The party who applies for a subpoena to compel