[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: 14CFR13.25]



[Page 44-45]

 

                     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. 13.25  Injunctions.



    (a) Whenever it is determined that a person has engaged, or is about 

to engage, in any act or practice constituting a violation of the 

Federal Aviation Act of 1958, or any regulation or order issued under it 

for which the FAA exercises enforcement responsibility, or, with respect 

to the transportation or shipment by air of any hazardous materials, in 

any act or practice constituting a violation of the Hazardous Materials 

Transportation Act, or any regulation or order issued



[[Page 45]]



under it for which the FAA exercises enforcement responsibility, 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 may request the United States Attorney General, or the 

delegate of the Attorney General, to bring an action in the appropriate 

United States District Court for such relief as is necessary or 

appropriate, including mandatory or prohibitive injunctive relief, 

interim equitable relief, and punitive damages, as provided by section 

1007 of the Federal Aviation Act of 1958 (49 U.S.C. 1487) and section 

111(a) of the Hazardous Materials Transportation Act (49 U.S.C. 1810).

    (b) Whenever it is determined that there is substantial likelihood 

that death, serious illness, or severe personal injury, will result from 

the transportation by air of a particular hazardous material before an 

order of compliance proceeding, or other administrative hearing or 

formal proceeding to abate the risk of the harm can be completed, 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 may bring, or request the United States Attorney General 

to bring, an action in the appropriate United States District Court for 

an order suspending or restricting the transportation by air of the 

hazardous material or for such other order as is necessary to eliminate 

or ameliorate the imminent hazard, as provided by section 111(b) of the 

Hazardous Materials Transportation Act (49 U.S.C. 1810).



[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as amended by Amdt. 13-19, 

54 FR 39290, Sept. 25, 1989; Amdt. 13-29, 62 FR 46866, Sept. 4, 1997]