[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: 49CFR1503.15]

[Page 249-250]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF 
                            HOMELAND SECURITY
 
PART 1503_INVESTIGATIVE AND ENFORCEMENT PROCEDURES--Table of Contents
 
                   Subpart C_Legal Enforcement Actions
 
Sec. 1503.15  Civil penalties: Civil penalties involving an amount in 
controversy in excess of $ 50,000, an in rem action, or injunctive relief.

    (a) Any person who violates 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, is subject to a civil penalty of not more than 
the amount specified for each violation in accordance with 49 U.S.C. 
46301, in conformity with the Federal Civil Penalties Inflation 
Adjustment Act of 1990, 28 U.S.C. 2461 (note), as amended.
    (b) The authority of the Administrator, under 49 U.S.C. 46301 to 
propose a civil penalty for a violation of that chapter, or a rule, 
regulation, or order issued thereunder, and the ability to refer cases 
to the United States Attorney General, or the delegate of the Attorney 
General, for prosecution of civil penalty actions proposed by the 
Administrator, involving an amount in controversy in excess of $ 50,000, 
an in rem action, or suit for injunctive relief, or for collection of an 
assessed civil penalty, is delegated to the Chief Counsel and the Deputy 
Chief Counsel for Civil Enforcement.
    (c) The Administrator may compromise any civil penalty, proposed in 
accordance with 49 U.S.C. 46301, involving an amount in controversy in 
excess of $ 50,000, an in rem action, or suit for injunctive relief, 
prior to referral of the civil penalty action to the United States 
Attorney General, or the delegate of the Attorney General, for 
prosecution.
    (1) The Administrator, through the Chief Counsel or the Deputy Chief 
Counsel for Civil Enforcement, will send a civil penalty letter to the 
person charged with a violation 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. The civil penalty letter contains a statement of the 
charges; the applicable law, rule, regulation, or order; the amount of 
civil penalty that the Administrator will accept in full settlement of 
the action or an offer to compromise the civil penalty.
    (2) Not later than 30 days after receipt of the civil penalty 
letter, the person charged with a violation may present any material or 
information in answer to the charges to the agency attorney, either 
orally or in writing, that may explain, mitigate, or deny the violation 
or that may show extenuating circumstances. The Administrator will 
consider any material or information submitted in accordance with this 
paragraph (c) to determine whether the person is subject to a civil 
penalty or to determine the amount for which the Administrator will 
compromise the action.
    (3) If the person charged with the violation offers to compromise 
for a specific amount, that person must send a certified check or money 
order for that amount to the agency, made payable to the Transportation 
Security Administration. The Chief Counsel or the Deputy Chief Counsel 
for Civil Enforcement may accept the certified check or money order or 
may refuse and return the certified check or money order.
    (4) If the offer to compromise is accepted by the Administrator, the 
agency will send a letter to the person

[[Page 250]]

charged with the violation stating that the certified check or money 
order is accepted in full settlement of the civil penalty action.
    (5) If the parties cannot agree to compromise the civil penalty 
action or the offer to compromise is rejected and the certified check or 
money order submitted in compromise is returned, the Administrator may 
refer the civil penalty action to the United States Attorney General, or 
the delegate of the Attorney General, to begin proceedings in a United 
States district court, pursuant to the authority in 49 U.S.C. 46305 to 
prosecute and collect the civil penalty.

[67 FR 51483, Aug. 8, 2002, as amended at 68 FR 46720, Aug. 19, 2003]