spaschal on DSK3GDR082PROD with CFR

Section 13.18

14 CFR Ch. I (1-1-19 Edition)

Chief Counsel, may summarily seize an
aircraft that is involved in a violation
for which a civil penalty may be imposed on its owner or operator.
(b) Each person seizing an aircraft
under this section shall place it in the
nearest available and adequate public
storage facility in the judicial district
in which it was seized.
(c) The Regional Administrator or
Chief Counsel, without delay, sends a
written notice and a copy of this section, to the registered owner of the
seized aircraft, and to each other persons shown by FAA records to have an
interest in it, stating the - 
(1) Time, date, and place of seizure;
(2) Name and address of the custodian
of the aircraft;
(3) Reasons for the seizure, including
the violations believed, or judicially
determined, to have been committed;
and
(4) Amount that may be tendered
as - 
(i) A compromise of a civil penalty
for the alleged violation; or
(ii) Payment for a civil penalty imposed by a Federal court for a proven
violation.
(d) The Chief Counsel, or the Regional Counsel or Assistant Chief
Counsel for the region or area in which
an aircraft is seized under this section,
immediately sends a report to the
United States District Attorney for the
judicial district in which it was seized,
requesting the District Attorney to institute proceedings to enforce a lien
against the aircraft.
(e) The Regional Administrator or
Chief Counsel directs the release of a
seized aircraft whenever - 
(1) The alleged violator pays a civil
penalty or an amount agreed upon in
compromise, and the costs of seizing,
storing, and maintaining the aircraft;
(2) The aircraft is seized under an
order of a Federal Court in proceedings
in rem to enforce a lien against the aircraft, or the United States District Attorney for the judicial district concerned notifies the FAA that the District Attorney refuses to institute
those proceedings; or
(3) A bond in the amount and with
the sureties prescribed by the Chief
Counsel, the Regional Counsel, or the
Assistant Chief Counsel is deposited,

conditioned on payment of the penalty,
or the compromise amount, and the
costs of seizing, storing, and maintaining the aircraft.
[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 46865, Sept. 4,
1997]

Section 13.18 Civil penalties: Administrative
assessment against an individual
acting as a pilot, flight engineer,
mechanic, or repairman.
(a) General. (1) This section applies to
each action in which the FAA seeks to
assess a civil penalty by administrative
procedures against an individual acting
as a pilot, flight engineer, mechanic, or
repairman, under 49 U.S.C. 46301(d)(5),
for a violation listed in 49 U.S.C.
46301(d)(2). This section does not apply
to a civil penalty assessed for violation
of 49 U.S.C. chapter 51, or a rule, regulation, or order issued thereunder.
(2) District court jurisdiction. Notwithstanding the provisions of paragraph
(a)(1) of this section, the United States
district courts have exclusive jurisdiction of any civil penalty action involving an individual acting as a pilot,
flight engineer, mechanic, or repairman for violations described in that
paragraph, under 49 U.S.C. 46301(d)(4),
if:
(i) The amount in controversy is
more than $50,000.
(ii) The action involves an aircraft
subject to a lien that has been seized
by the Government; or
(iii) Another action has been brought
for an injunction based on the same
violation.
(b) Definitions. As used in this part,
the following definitions apply:
(1) Flight engineer means an individual who holds a flight engineer certificate issued under part 63 of this
chapter.
(2) Individual acting as a pilot, flight
engineer, mechanic, or repairman means
an individual acting in such capacity,
whether or not that individual holds
the
respective
airman
certificate
issued by the FAA.
(3) Mechanic means an individual who
holds a mechanic certificate issued
under part 65 of this chapter.

46

VerDate Sep<11>2014

12:50 Apr 30, 2019

Jkt 247046

PO 00000

Frm 00056

Fmt 8010

Sfmt 8010

Y:\SGML\247046.XXX

247046