8.
If a substantive ex parte contact does occur during the comment period, what does FAA do? While FAA tries to ensure that FAA personnel and the public are aware ofDOTpolicy, substantive exparte contactsdo occasionally occur,for example, at meetings not intended for that purpose. In such a case, we place a summary of the contact and a copy of any materials provided at the meeting in the rulemaking docket. Weencourageparticipantsinsuch ameeting to .lewrittencommentsinthedocket.
9.
DoesDOTpolicypermit exparte contacts the commentperiodhas closed?
DOT policy strongly discourages ex parte contacts initiated by commenters to discuss theirposition on theproposal once the commentperiodhas closed.Such a contact at this time would be improper, since other interested persons would not have an opportunity to respond. If we need further information regarding a comment in the docket, we may requestthisfrom a commenter.A record of this contact and theinformationprovidedis placed in the docket. If we need to make other contacts to update factual information, such as economic data, we will disclose this information in the .nal rule docket or in the economic studies accompanying it, which are available in the docket.
10.WhatifFAA needs to meet withinterestedpersons todiscuss theproposal afterthe commentperiodhas closed? IfFAAdeterminesthatit wouldbehelpful tomeet with apersonorgroup afterthe closeof thecommentperiod togroup todiscuss a course of action to be taken, we will announce the meeting in the Federal Register. We will also consider reopening the comment period. If an inappropriate ex parte contact does occur afterthe commentperiod closes,a summary of the contactand acopy of any material distributed during meeting will be placed in the docket if it could be seen as in.uencing the rulemakingprocess.
11. Under what circumstances will FAA reopen the comment period? If we receive an ex parte communication after the comment period has closed that could substantiallyin.uencethe rulemaking,we may reopenthe commentperiod.DOTpolicy requires the agency to carefully consider whether the substance of the contact will give the commenter an unfair advantage, since the rest of thepublic may not see the record of the contactin the docket.When the substance of aproposed ruleis signi.cantly changed as a result of such an oral communication , DOT policy and practice requires that the comment period be reopened by issuing a supplemental NPRM in which the reasons for the change are discussed.
12.WhatifIhaveimportantinformationforFAA and the commentperiodis closed? You may alwaysprovideFAA with writteninformation afterthe close ofthe commentperiod andit willbe considerediftimepermits.Because contacts after the close of the comment may not be seen by other interested persons, if they substantially and speci.cally in.uence the FAA’s decision, we may need to reopen the comment period.
′
Elodie Roux. Septembre 2003
Appendix 1 to Part 11
Issued in Washington, DC, on August 8, 2000. /S/ Jane F. Garvey, Administrator. Amdt. 11-46, E.. 9/20/2000
Troisi`eme partie
FAR 13-Investigate and
enforcement procedures
55
Chapitre 4
Subpart A : Investigative Procedures
Sommaire
FAR 13.1 : Reports of violations. . . . . . . . . . . . . . . . . 58
FAR 13.3 : Investigations (general). . . . . . . . . . . . . . . 58
FAR 13.5 : Formal complaints. . . . . . . . . . . . . . . . . . 59
FAR 13.7 : Records, documents and reports. . . . . . . . . . 60
57
Subpart A : Investigative Procedures
FAR 13.1 : Reports of violations.
(a)
Any person who knows of a violation of the Federal Aviation Act of 1958, as amen-ded,theHazardousMaterialsTransportationAct relating tothetransportationor shipment by air of hazardous materials, the Airport and Airway Development Act of1970, theAirport andAirwayImprovementAct of1982, theAirport andAirway Improvement Act of 1982 as amended by the Airport and Airway Safety and Ca-pacity Expansion Act of 1987, or any rule, regulation, or order issued thereunder, should reportitto appropriatepersonnel of any FAA regional ordistrict o.ce.
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