[Code of Federal Regulations]

[Title 14, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR13.19]



[Page 42-43]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

 

PART 13_INVESTIGATIVE AND ENFORCEMENT PROCEDURES--Table of Contents

 

                   Subpart C_Legal Enforcement Actions

 

Sec. 13.19  Certificate action.



    (a) Under section 609 of the Federal Aviation Act of 1958 (49 U.S.C. 

1429), the Administrator may reinspect any civil aircraft, aircraft 

engine, propeller, appliance, air navigation facility, or air agency, 

and may re-examine any civil airman. Under section 501(e) of the FA Act, 

any Certificate of Aircraft Registration may be suspended or revoked by 

the Administrator for any cause that renders the aircraft ineligible for 

registration.

    (b) If, as a result of such a reinspection re-examination, or other 

investigation made by the Administrator under section 609 of the FA Act, 

the Administrator determines that the public interest and safety in air 

commerce requires it, the Administrator may issue an order amending, 

suspending, or revoking, all or part of any type certificate, production 

certificate, airworthiness certificate, airman certificate, air carrier 

operating certificate, air navigation facility certificate, or air 

agency certificate. This authority may be exercised for remedial 

purposes in cases involving the Hazardous Materials Transportation Act 

(49 U.S.C. 1801 et seq.) or regulations issued under that Act. This 

authority is also exercised by the Chief Counsel, the Assistant Chief 

Counsel, Enforcement, the Assistant Chief Counsel, Regulations, the 

Assistant Chief Counsel, Europe, Africa, and Middle East Area Office, 

each Regional Counsel, and the Aeronautical Center Counsel. If the 

Administrator finds that any aircraft registered under Part 47 of this 

chapter is ineligible for registration or if the holder of a Certificate 

of Aircraft Registration has refused or failed to submit AC Form 8050-

73, as required by Sec. 47.51 of this chapter, the Administrator issues 

an order suspending or revoking that certificate. This authority as to 

aircraft found ineligible for registration is also exercised by each 

Regional Counsel, the Aeronautical Center Counsel, and the Assistant 

Chief Counsel, Europe, Africa, and Middle East Area Office.

    (c) Before issuing an order under paragraph (b) of this section, the 

Chief Counsel, the Assistant Chief Counsel, Enforcement, the Assistant 

Chief Counsel, Regulations, the Assistant Chief Counsel, Europe, Africa, 

and Middle East Area Office, each Regional Counsel, or the Aeronautical 

Center Counsel advises the certificate holder of the charges or other 

reasons upon which the Administrator bases the proposed action and, 

except in an emergency, allows the holder to answer any charges and to 

be heard as to why the certificate should not be amended, suspended, or 

revoked. The holder may, by checking the appropriate box on the form 

that is sent to the holder with the notice of proposed certificate 

action, elect to--

    (1) Admit the charges and surrender his or her certificate;

    (2) Answer the charges in writing;

    (3) Request that an order be issued in accordance with the notice of 

proposed certificate action so that the certificate holder may appeal to 

the National Transportation Safety Board, if the charges concerning a 

matter under Title VI of the FA Act;

    (4) Request an opportunity to be heard in an informal conference 

with the FAA counsel; or

    (5) Request a hearing in accordance with Subpart D of this part if 

the charges concern a matter under Title V of the FA Act.



Except as provided in Sec. 13.35(b), unless the certificate holder 

returns the form and, where required, an answer or motion, with a 

postmark of not later than 15 days after the date of receipt of the 

notice, the order of the Administrator is issued as proposed. If the 

certificate holder has requested an informal conference with the FAA 

counsel and the charges concern a matter under Title V of the FA Act, 

the holder may after that conference also request a formal hearing in 

writing with a postmark of not later than 10 days after the close of the 

conference. After considering any information submitted by the 

certificate holder, the Chief Counsel, the Assistant Chief Counsel for 

Regulations and Enforcement, the Regional Counsel concerned, or the 

Aeronautical Center Counsel (as to matters under Title V of the FA Act) 

issues the order of the Administrator, except that if the holder has 

made a valid request for a formal hearing on a matter under Title V of



[[Page 43]]



the FA Act initially or after an informal conference, Subpart D of this 

part governs further proceedings.

    (d) Any person whose certificate is affected by an order issued 

under this section may appeal to the National Transportation Safety 

Board. If the certificate holder files an appeal with the Board, the 

Administrator's order is stayed unless the Administrator advises the 

Board that an emergency exists and safety in air commerce requires that 

the order become effective immediately. If the Board is so advised, the 

order remains effective and the Board shall finally dispose of the 

appeal within 60 days after the date of the advice. This paragraph does 

not apply to any person whose Certificate of Aircraft Registration is 

affected by an order issued under this section.



[Doc. No. 13-14, 44 FR 63723, Nov. 5, 1979, as amended by Amdt. 13-15, 

45 FR 20773, Mar. 31, 1980; Amdt. 13-19, 54 FR 39290, Sept. 25, 1989; 

Amdt. 13-29, 62 FR 46865, Sept. 4, 1997]