[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR13.15]

[Page 36-37]
 
                     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

[[Page 37]]

person 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.

[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]