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时间:2011-10-19 22:02来源:蓝天飞行翻译 作者:航空
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(b)
Each report made under this section, together with any other information the FAA mayhavethatis relevantto the matter reported, willbe reviewedbyFAApersonnel to determine the nature and type of any additional investigation or enforcement action the FAA will take.

FAR13.3 :Investigations(general).

(a)
Under the Federal Aviation Act of 1958, as amended, (49 U.S.C. 1301 et seq.), theHazardousMaterialsTransportationAct(49U.S.C.1801 et seq.),theAirport andAirwayDevelopmentAct of1970(49U.S.C. 1701et seq.),theAirport and AirwayImprovementAct of1982(49U.S.C.2201 et seq.),theAirportandAirway ImprovementAct of1982(as amended,49U.S.C.App.2201 et seq.,Airport and Airway Safety and Capacity Expansion Act of 1987), and the Regulations of the O.ce oftheSecretary ofTransportation(49CFR1 et seq.),theAdministrator may conduct investigations,hold hearings,issue subpoenas, require theproduction of relevant documents, records, and property, and take evidence and depositions.

(b)
For the purpose of investigating alleged violations of the Federal Aviation Act of 1958, as amended the Hazardous Materials Transportation Act, the Airport and Airway Development Act of 1970, the Airport and Airway Improvement Act of 1982, theAirport andAirwayImprovementAct of1982 as amendedby theAirport and Airway Safety and Capacity Expansion Act of 1987, or any rule, regulation, or order issued thereunder, the Administrator’s authority has been delegated to the various services and or o.ces for matters within their respective areas for all routineinvestigations.When the compulsoryprocesses of sections313 and1004(49

U.S.C.1354and1484) of the FederalAviationAct, or section109 of theHazardous Materials Transportation Act (49 U.S.C. 1808) are invoked, the Administrator’s authorityhasbeen delegated to the ChiefCounsel, the Deputy Chief Counsel, each Assistant Chief Counsel, each Regional Counsel, the Aeronautical Center Counsel, and the Technical Center Counsel.

(c)
In conducting formal investigations, the Chief Counsel, the Deputy Chief Coun-sel, each Assistant Chief Counsel, each Regional Counsel, the Aeronautical Center Counsel, and the Technical Center Counsel may issue an order of investigation in accordance with Subpart F of this part.

(d)
A complaint against the sponsor, proprietor, or operator of a Federally-assisted airport involving violations of the legal authorities listed in r16.1 of this chapter shallbe .ledinaccordancewith theprovisionsofpart16 of thischapter,exceptin the case of complaints, investigations, and proceedings initiated before December 16, 1996, the e.ective date of part 16 of this chapter.


FAR 13.5 : Formal complaints.
(a)
Any person may .le a complaint with the Administrator with respect to anything done or omitted tobedoneby anypersonin contraventionof anyprovisionof any Act orof any regulationor orderissued underit, asto matters withinthejurisdic-tion of the Administrator. This section does not apply to complaints against the Administrator or employees of the FAA acting within the scope of their employ-ment.

(b)
Complaints .led under this section must –

(1)
Be submitted in writing and identi.ed as a complaint .led for the purpose of seeking an appropriate order or other enforcement action;

(2)
Be submittedto theFederalAviationAdministration,O.ce oftheChiefCoun-sel, Attention : Enforcement Docket (AGC-10), 800 Independence Avenue, S.W., Washington, DC 20591;

(3)
Setforth the name and address,ifknown,of eachpersonwhoisthe subject of the complaint and, with respect to each person, the speci.c provisions of the Act or regulation or order that the complainant believes were violated;

(4)
Contain a concise but complete statement of the facts relied upon to substan-tiate each allegation;

(5)
State the name, address and telephone number of the person .ling the com-plaint; and

(6)
Be signed by the person .ling the complaint or a duly authorized representa-tive.
 
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