C.F.R. » Title 14 » CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—PROCEDURAL RULES › PART 13—INVESTIGATIVE AND ENFORCEMENT PROCEDURES › Subpart A—General Authority to Re-Delegate and Investigative Procedures

14 C.F.R. § 13.5

Formal complaints

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Any person may file a complaint with the Administrator with respect to a violation by a person of any requirement under 49 U.S.C. subtitle VII, 49 U.S.C. chapter 51, or any rule, regulation, or order issued under those statutes, as to matters within the jurisdiction of the Administrator. This section does not apply to complaints against the Administrator or employees of the FAA acting within the scope of their employment.

(b) Complaints filed under this section must—

(1) Be submitted in writing and identified as a complaint seeking an appropriate order or other enforcement action;

(2) Be submitted to the Federal Aviation Administration, Office of the Chief Counsel, Attention: Formal Complaint Clerk (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 § 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 (e), the date of service is the date on which the FAA mailed a copy of the complaint to the subject of the complaint.

(f) After the 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 § 13.3(b) or (c), as applicable, for conducting the investigation.

(g) If the investigation substantiates the allegations set forth in the complaint, the Administrator may take action in accordance with applicable law and FAA policy.

(h) The complaint and other records relating to the disposition of the complaint are maintained in the Formal Complaint Docket (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.

Notes of Decisions
Cited in 15 cases, 1981–2008 · leading case: Jan's Helicopter Serv., Inc. v. Fed. Aviation Admin., 525 F.3d 1299 (Fed. Cir. 2008).
Sort: Relevance Newest Treatment
Jan's Helicopter Serv., Inc. v. Fed. Aviation Admin., 525 F.3d 1299 (Fed. Cir. 2008). · cites it 4× “This letter also stated that appellants "should be aware that [ 14 C.F.R. § 13.5 ] does not apply to complaints against the Administrator or complaints against FAA employees acting within the scope of their employment," id.”
Sw. Air Ambulance, Inc. v. City of Las Cruces, 268 F.3d 1162 (10th Cir. 2001). “5 (a) (“Any person may file a complaint with the Administrator with respect to anything done or omitted to be done by any person in contravention of any provision of any Act or of any regulation or order issued under it, as to matters within the jurisdiction of the Administrator.”
Margolis v. United Airlines, Inc., 811 F. Supp. 318 (E.D. Mich. 1993). “While Plaintiffs might file an administrative complaint regarding Defendant’s violation of the Act, the only remedies provided by the FAA are for civil 7 and criminal penalties and injunctive relief.”
Clyde Blincoe, D/B/A Instead Sky Sports v. Fed. Aviation Admin., 37 F.3d 462 (9th Cir. 1994). · cites it 2× “pursuant to 14 C.F.R. § 13.5 . 1 Such a report is “reviewed by FAA personnel to determine the nature and type of any additional investigation or enforcement action the FAA will take.”
J. Andrew Lange, Inc. v. Fed. Aviation Admin., 208 F.3d 389 (2d Cir. 2000). “See 14 C.F.R. §§ 13.5 (j), 13.20(c) (1995). This is consis *392 tent with section 46101(a)(4) which requires an opportunity for a hearing only if the agency “finds in an investigation .”
Crane Helicopter Servs., Inc. v. United States, 45 Fed. Cl. 410 (Fed. Cl. 1999). “14 C.F.R. § 13.5 (a) (1994) reads: Formal complaints.”
Sunbird Air Servs., Inc. v. Beech Aircraft Corp., 789 F. Supp. 360 (D. Kan. 1992). “§ 1482 ; 14 C.F.R. § 13.5 . The FAA does not have the power to assess damages for past wrongs.”
Romano v. Am. Trans Air, 96 Cal. Daily Op. Serv. 6524 (Cal. Ct. App. 1996). “§ 46108 ), the only remedies available in such actions are civil and criminal penalties and injunctive relief, not damages ( 49 U.S.C. § 46301 et seq.). There is no provision for the recovery of damages by a private party.”
St. Louis Air Cargo Servs., Inc. v. City of St. Louis, 929 S.W.2d 821 (Mo. Ct. App. 1996). “It is important to note that City’s amended motion for summary judgment contained a motion to stay proceedings pending the outcome of a formal complaint filed by SLACS with the Federal Aviation Administration (FAA) pursuant to 14 C.”
Commander Props., Inc. v. Fed. Aviation Admin., Beech Aircraft Corp. & Raytheon Co., Intervenors, 11 F.3d 204 (D.C. Cir. 1994). · cites it 2× “Commander thereupon filed a formal complaint with the FAA pursuant to 14 C.F.R. § 13.5 , which permits such filings by any person alleging, among other things, violation of airworthiness requirements.”
Anderson v. USAir, Inc., 619 F. Supp. 1191 (D.D.C. 1985). “Such procedures include filing a complaint about a violation of the Federal Aviation Act or an agency rule, investigation by the agency, and, in the case of the FAA, the issuance of cease and desist orders, compliance orders, civil penalties, or the seeking of enforcement in the…”
Town of Fairview v. United States Dep't of Transp., 201 F. Supp. 2d 64 (D.D.C. 2002). “; 14 C.F.R. § 13.5 (“Any person may file a complaint with the Administrator with respect to anything done or omitted to be done by any person in contravention of any provision of any Act or of any regulation or order issued under it, as to matters within the jurisdiction of the…”
Show all 15 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.