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Part 13 Informal Complaint Process

Part 13 Informal Complaint Process. Filing and Investigating Informal Complaints. 35 th Annual Airports Conference. Mahendra Raghubeer. April 3, 2012. Objective. Identify the steps and techniques used to review and investigate complaints filed under 14 CFR Part 13.1. Overview.

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Part 13 Informal Complaint Process

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  1. Part 13 Informal Complaint Process Filing and Investigating Informal Complaints 35th Annual Airports Conference MahendraRaghubeer April 3, 2012

  2. Objective Identify the steps and techniques used to review and investigate complaints filed under 14 CFR Part 13.1.

  3. Overview Filing and Investigating Part 13 Informal Complaint • Required by 14 C.F.R § Part 13.1 • How to file a Part 13 Informal Complaint? • Review and Investigation

  4. FAA Investigative and Enforcement Procedures, 14 C.F.R § Part 13.1 14 C.F.R § Part 13.1 • Any person who knows of a violation of the Airport and Airway Development Act of 1970, 1982, and as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, or any rule, regulation, or order issued thereunder, should report it to appropriate personnel of any FAA regional or district office • Each report made under this section, together with any other information will be reviewed by FAA personnel to determine the nature and type of any additional investigation or enforcement action the FAA will take.

  5. How to file a Part 13 Informal Complaint? • Complaint is filed with the ADO or Regional Office • Complaint may be filed: • Writing (strongly encouraged), or • Telephone (may not capture all the details). • Who may file a complaint? • Individual/Company directly affected. • Attorney representing a client. • Complainant may request to be anonymous. • The complaint allegations are primarily based on grant assurances violations and surplus property deed restrictions.

  6. How to file a Part 13 Informal Complaint? • Scope of the Complaint: • Clearly identify the Airport Sponsor. • Clearly identify the grant assurance/deed restrictions potential violation(s). • Detailed description of sponsor’s action/inaction. • Explain issue-by-issue supporting arguments, and information. • Note: Complaint may be dismissed if it’s vague, lack details or issues not within the scope of Part 13.1.

  7. Review and Investigation Investigating Office • Review the issues and allegations. • Issues must fall within the scope of 14 C.F.R. Part 13.1. • Identify the grant assurance(s) and/or deed restriction. • Consult FAA Order 5190.6B, Airport Compliance Handbook. • Similar complaints investigated under 14 C.F.R. Part 16. Sponsor Action • Notified of allegation and asked to respond to each allegation. • A copy of the complaint package included. • A copy of the sponsor letter sent to the complainant.

  8. Review and Investigation Airport Sponsor Responds to the Complaint • Extension. • Meeting. • Additional information. • Addresses each potential violation. Investigating Office • Review sponsor response for violation of obligation(s). • Separate facts from unsubstantiated allegations. • Airport Site Visit

  9. Review and Investigation What allegation or concern could trigger an Airport Site Visit? • Safety issue. • Lack of maintenance. • Misuse of federally funded equipment. • Incompatible land uses with ALP. • Obtain additional evidence.

  10. Review and Investigation • Interview the parties. • Obtain additional information. • Coordinate with other FAA offices. • Mediation.

  11. Conclusion • Compliance Dismissal Letter. • Notice of Potential Noncompliance. Issue Relevant Grant Assurance Analysis Conclusion Note: Not a final agency decision subject to a judicial review.

  12. Questions MahendraRaghubeer AEA-620 718-553-3347 mahendra.raghubeer@faa.gov

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