[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1503.5]

[Page 247-248]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF 
                            HOMELAND SECURITY
 
PART 1503_INVESTIGATIVE AND ENFORCEMENT PROCEDURES--Table of Contents
 
                   Subpart A_Investigative Procedures
 
Sec. 1503.5  Formal complaints.

    (a) Any person may file a complaint with the Administrator with 
respect to any act or omission by any person in contravention of any 
provision of 49 U.S.C. chapter 449 (except sections 44902, 44903(d), 
44907(a)-(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 44909), or a 
regulation prescribed or order issued under any of those provisions. 
This section does not apply to complaints against the Administrator or 
employees of the TSA acting within the scope of their employment.
    (b) Complaints filed under this section must--
    (1) Be submitted in writing and identified as a complaint filed for 
the purpose of seeking an appropriate order or other enforcement action;
    (2) Be submitted to the U.S. Department of Homeland Security, 
Transportation Security Administration, Office of the Chief Counsel, 
TSA-2, Attention: Enforcement Docket, 601 South 12th Street, Arlington, 
VA 22202-4220;
    (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 or 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, and telephone number of the person 
filing the complaint; and
    (6) Be signed by the person filing the complaint or a duly 
authorized representative.
    (c) Complaints that do not meet the requirements of paragraph (b) of 
this section will be considered reports under Sec. 1503.1.
    (d) Complaints that meet the requirements of paragraph (b) of this 
section will be docketed and a copy mailed to each person named in the 
complaint.
    (e) Any complaint filed against a member of the Armed Forces of the 
United States acting in the performance of official duties will be 
referred to the Secretary of the Department concerned for action in 
accordance with the procedures set forth in Sec. 1503.21.
    (f) The person named in the complaint must file an answer within 20 
days after service of a copy of the complaint.
    (g) After the complaint has been answered or after the allotted time 
in which to file an answer has expired, the Administrator will determine 
if there are reasonable grounds for investigating the complaint.
    (h) 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 person 
named in the complaint.
    (i) If the Administrator determines that reasonable grounds exist, 
an informal investigation may be initiated. Each person named in the 
complaint will be advised which official has been delegated the 
responsibility under Sec. 1503.3(b) for conducting the investigation.

[[Page 248]]

    (j) 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.
    (k) The complaint and other pleadings and official TSA records 
relating to the disposition of the complaint are maintained in current 
docket form in the TSA Enforcement Docket, TSA Headquarters, Visitor 
Center, 701 South 12th Street, Arlington, Virginia 22202.
    (1) Generally. Any person interested in reviewing or obtaining a 
copy of a record may do so only by submitting a FOIA request under 5 
U.S.C. 552 and 49 CFR part 7. Portions of the record may be exempt from 
disclosure pursuant to FOIA.
    (2) Docket Files or Documents Not for Public Disclosure. (i) Only 
the following persons may review docket files or particular documents 
that are not for public disclosure:
    (A) Parties to the proceedings;
    (B) Their designated representatives; and
    (C) Persons who have a need to know as determined by the 
Administrator.
    (ii) Those persons with permission to review these documents or 
docket files may view the materials at the TSA Enforcement Docket, TSA 
Headquarters, Visitor Center, 701 South 12th Street, Arlington, Virginia 
22202. Persons with access to these records may have a copy of the 
records after payment of reasonable costs.

[67 FR 51483, Aug. 8, 2002, as amended at 68 FR 49720, Aug. 19, 2003; 68 
FR 58281, Oct. 9, 2003]