Would Revise Subparts A Through G Of Part 13

The FAA has proposed revisions to the procedural rules governing its investigations and enforcement actions. According to the Federal Register, the proposed revisions include updates to statutory and regulatory references, updates to agency organizational structure, elimination of inconsistencies, clarification of ambiguity, increases in efficiency, and improved readability.

This rulemaking would revise subparts A through G of part 13, which provide the procedural rules governing investigations and enforcement actions taken by the FAA.

According to the document, the majority of the rules in part 13 were last amended a decade or more ago. Since then, there have been a number of statutory, organizational, and technological changes such that part 13 requires updating.

The updates are necessary to reflect revised position titles and the creation of new offices within the Office of the Chief Counsel. For example, the FAA's Litigation Division was recently reorganized and the advisory function in civil penalty matters was transferred from the Assistant Chief Counsel for Litigation to the Director of the newly created Office of Adjudication. The Office of the Chief Counsel also has new deputy chief counsel positions: Principal Deputy Chief Counsel, Deputy Chief Counsel for Business Operations, and Deputy Chief Counsel for Employment Law, Litigation, and Administration. Additionally, the following position titles referenced throughout part 13 no longer exist: The Deputy Chief Counsel for Operations, the Deputy Chief Counsel for Policy and Adjudication, and the Deputy Chief Counsel for Europe, Africa and the Middle East Area Office. Proposed amendments would reflect these organizational changes to ensure that regulatory references to separation of functions, delegations of authority, and service and filing address information reflect the current structure of the Office of the Chief Counsel.

Additionally, many provisions in part 13 are antiquated. For example, fax and electronic filing, which have been adopted by most courts and by many administrative bodies, are not provided for in FAA administrative proceedings under part 13. Adoption of fax and email filing and service provisions in this rulemaking would make these administrative proceedings more efficient, expeditious, and cost-effective.

Similarly, there is wide-spread growth in federal courts and agencies' use of Alternative Dispute Resolution (ADR) as a cost-effective and time-efficient option for resolving matters or narrowing issues. However, ADR is not currently mentioned as an option for resolving enforcement matters under part 13. Under this proposal, regulated persons would have the opportunity to resolve matters or narrow issues in subparts D and G proceedings in an informal and cost-effective manner through ADR.

The proposed rule is open for comments through May 13, 2019.

FMI: Proposed Rule