DOT 49 CFR PART 1502-2010 ORGANIZATION FUNCTIONS AND PROCEDURES.pdf

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1、239 SUBCHAPTER AADMINISTRATIVE AND PROCEDURAL RULES PART 1500APPLICABILITY, TERMS, AND ABBREVIATIONS Sec. 1500.1 Applicability. 1500.3 Terms and abbreviations used in this chapter. 1500.5 Rules of construction. AUTHORITY: 49 U.S.C. 114, 5103, 40113, 44901 44907, 4491344914, 4491644918, 4493544936, 4

2、4942, 46105. SOURCE: 67 FR 8351, Feb. 22, 2002, unless otherwise noted. 1500.1 Applicability. This chapter, this subchapter, and this part apply to all matters regulated by the Transportation Security Admin-istration. 1500.3 Terms and abbreviations used in this chapter. As used in this chapter: Admi

3、nistrator means the Under Sec-retary of Transportation for Security identified in 49 U.S.C. 114(b) who serves as the Administrator of the Transpor-tation Security Administration. Person means an individual, corpora-tion, company, association, firm, part-nership, society, joint-stock company, or gove

4、rnmental authority. It includes a trustee, receiver, assignee, successor, or similar representative of any of them. Transportation Security Regulations (TSR) means the regulations issued by the Transportation Security Adminis-tration, in title 49 of the Code of Fed-eral Regulations, chapter XII, whi

5、ch includes parts 1500 through 1699. TSA means the Transportation Secu-rity Administration. United States, in a geographical sense, means the States of the United States, the District of Columbia, and terri-tories and possessions of the United States, including the territorial sea and the overlying

6、airspace. 67 FR 8351, Feb. 22, 2002, as amended at 68 FR 49720, Aug. 19, 2003 1500.5 Rules of construction. (a) In this chapter, unless the context requires otherwise: (1) Words importing the singular in-clude the plural. (2) Words importing the plural in-clude the singular. (3) Words importing the

7、masculine gender include the feminine. (b) In this chapter, the word: (1) Must is used in an imperative sense; (2) May is used in a permissive sense to state authority or permission to do the act prescribed, and the words no person may * * * or a person may not * * * mean that no person is required,

8、 authorized, or permitted to do the act prescribed; and (3) Includes means includes but is not limited to. PART 1502ORGANIZATION, FUNCTIONS, AND PROCEDURES AUTHORITY: 5 U.S.C. 3345, 49 U.S.C. 114, 40113, 4490144907, 4491344914, 4491644920, 4493544936, 44942, 4610146105, 45107, 46110. SOURCE: 67 FR 4

9、8049, July 23, 2002, unless otherwise noted. 1502.1 Responsibilities of the Admin-istrator. (a) The Administrator is responsible for the planning, direction, and control of the Transportation Security Admin-istration (TSA) and for security in all modes of transportation. The Adminis-trators responsi

10、bility includes car-rying out chapter 449 of title 49, United States Code, relating to civil aviation security, and related research and de-velopment activities, and security re-sponsibilities over other modes of transportation that are exercised by the Department of Transportation. (b) The Deputy A

11、dministrator is the first assistant to the Administrator for purposes of the Federal Vacancies Reform Act of 1998, and shall, in the event the Administrator dies, resigns, or is otherwise unable to perform the functions and duties of the office, serve as the Acting Administrator, subject to the limi

12、tations in the Federal Vacan-cies Reform Act of 1998. In the event of the absence or disability of both the VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00249 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or netwo

13、rking permitted without license from IHS-,-,-240 49 CFR Ch. XII (10110 Edition) Pt. 1503 Administrator and the Deputy Admin-istrator, officials designated by TSAs internal order on succession shall serve as Acting Deputy Administrator and shall perform the duties of the Admin-istrator, except for an

14、y non-delegable statutory and/or regulatory duties. PART 1503INVESTIGATIVE AND ENFORCEMENT PROCEDURES Subpart A Reserved Subpart BScope of Investigative and Enforcement Procedures Sec. 1503.101 TSA requirements. 1503.103 Terms used in this part. Subpart CInvestigative Procedures 1503.201 Reports of

15、violations. 1503.203 Investigations. 1503.205 Records, documents, and reports. Subpart DNon-Civil Penalty Enforcement 1503.301 Warning notices and letters of cor-rection. Subpart EAssessment of Civil Penalties by TSA 1503.401 Maximum penalty amounts. 1503.403 Delegation of authority. 1503.405 Injunc

16、tions. 1503.407 Military personnel. 1503.409 Service of documents. 1503.411 Computation of time. 1503.413 Notice of Proposed Civil Penalty. 1503.415 Request for portions of the enforce-ment investigative report (EIR). 1503.417 Final Notice of Proposed Civil Pen-alty and Order. 1503.419 Order Assessi

17、ng Civil Penalty. 1503.421 Streamlined civil penalty proce-dures for certain security violations. 1503.423 Consent orders. 1503.425 Compromise orders. 1503.427 Request for a formal hearing. 1503.429 Filing of documents with the En-forcement Docket Clerk. 1503.431 Certification of documents. Subpart

18、F Reserved Subpart GRules of Practice in TSA Civil Penalty Actions 1503.601 Applicability. 1503.603 Separation of functions. 1503.605 Appearances and rights of parties. 1503.607 Administrative law judges. 1503.609 Complaint. 1503.611 Answer. 1503.613 Consolidation and separation of cases. 1503.615 N

19、otice of hearing. 1503.617 Extension of time. 1503.619 Intervention. 1503.621 Amendment of pleadings. 1503.623 Withdrawal of complaint or request for hearing. 1503.625 Waivers. 1503.627 Joint procedural and discovery schedule. 1503.629 Motions. 1503.631 Interlocutory appeals. 1503.633 Discovery. 150

20、3.635 Evidence. 1503.637 Standard of proof. 1503.639 Burden of proof. 1503.641 Offer of proof. 1503.643 Public disclosure of evidence. 1503.645 Expert or opinion witnesses. 1503.647 Subpoenas. 1503.649 Witness fees. 1503.651 Record. 1503.653 Argument before the ALJ. 1503.655 Initial decision. 1503.6

21、57 Appeal from initial decision. 1503.659 Petition to reconsider or modify a final decision and order of the TSA deci-sion maker on appeal. 1503.661 Judicial review of a final order. Subpart HJudicial Assessment of Civil Penalties 1503.701 Applicability of this subpart. 1503.703 Civil penalty letter

22、; referral. Subpart IFormal Complaints 1503.801 Formal complaints. AUTHORITY: 18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C. 114, 20109, 31105, 4011340114, 40119, 4490144907, 4610146107, 4610946110, 46301, 46305, 46311, 4631346314; Sec. 1413(i), Public Law 11053, 121 Stat. 414 (6 U.S.C. 1142). SOU

23、RCE: 74 FR 36039, July 21, 2009, unless otherwise noted. Subpart A Reserved Subpart BScope of Investigative and Enforcement Procedures 1503.101 TSA requirements. (a) The investigative and enforce-ment procedures in this part apply to TSAs investigation and enforcement of violations of TSA requiremen

24、ts. (b) For purposes of this part, the term TSA requirements means the fol-lowing statutory provisions and a regu-lation prescribed or order issued under any of those provisions: VerDate Mar2010 08:56 Nov 10, 2010 Jkt 220220 PO 00000 Frm 00250 Fmt 8010 Sfmt 8010 Y:SGML220220.XXX 220220erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-