[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: 14CFR13.15]



[Page 35-36]

 

                     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. 13.15  Civil penalties: Other than by administrative assessment.



    (a) The FAA uses the procedures in this section when it seeks a 

civil penalty other than by the administrative assessment procedures in 

Sec. Sec. 13.16 or 13.18.

    (b) The authority of the Administrator, under 49 U.S.C. chapter 463, 

to seek a civil penalty for a violation cited in Sec. 13.14(a), 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 sought by the Administrator is delegated to the Chief Counsel; 

the Deputy Chief Counsel for Operations; the Assistant Chief Counsel for 

Enforcement; the Assistant Chief Counsel, Europe, Africa, and Middle 

East Area Office; the Regional Counsel; the Aeronautical Center Counsel; 

and the Technical Center Counsel. This delegation applies to cases 

involving:

    (1) An amount in controversy in excess of:

    (i) $50,000, if the violation was committed by any person before 

December 12, 2003;

    (ii) $400,000, if the violation was committed by a person other than 

an individual or small business concern on or after December 12, 2003;

    (iii) $50,000, if the violation was committed by an individual or 

small business concern on or after December 12, 2003; or

    (2) An in rem action, seizure of aircraft subject to lien, suit for 

injunctive relief, or for collection of an assessed civil penalty.

    (c) The Administrator may compromise any civil penalty proposed 

under this section, before referral to the United States Attorney 

General, or the delegate of the Attorney General, for prosecution.

    (1) The Administrator, through the Chief Counsel; the Deputy Chief 

Counsel for Operations; the Assistant Chief Counsel for Enforcement; the 

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

the Regional Counsel; the Aeronautical Center Counsel; or the Technical 

Center Counsel sends a civil penalty letter to the person charged with a 

violation cited in Sec. 13.14(a). 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 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 to the agency attorney a 

certified check or money order for that amount, payable to the Federal 

Aviation Administration. The Chief Counsel; the Deputy Chief Counsel for 

Operations; the Assistant Chief Counsel for Enforcement; the Assistant 

Chief Counsel, Europe, Africa, and Middle East Area Office; the Regional 

Counsel; Aeronautical Center Counsel; or the Technical Center Counsel 

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 attorney will send a letter to the person charged with the 

violation stating that the certified check or money



[[Page 36]]



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.



[Amdt. 13-18, 53 FR 34653, Sept. 7, 1988, as amended by Amdt. 13-20, 55 

FR 15128, Apr. 20, 1990; Amdt. 13-29, 62 FR 46865, Sept. 4, 1997; Amdt. 

13-32; 69 FR 59495, Oct. 4, 2004]