47 

Federal Aviation Administration, DOT 

§ 13.18 

(4) 

Pilot 

means an individual who 

holds a pilot certificate issued under 
part 61 of this chapter. 

(5) 

Repairman 

means an individual 

who holds a repairman certificate 
issued under part 65 of this chapter. 

(c) 

Delegation of authority. 

(1) The au-

thority of the Administrator under 49 
U.S.C. 46301(d)(5), to initiate and assess 
civil penalties is delegated to the Chief 
Counsel; the Deputy Chief Counsel for 
Operations; the Assistant Chief Coun-
sel for Enforcement; Assistant Chief 
Counsel, Europe, Africa, and Middle 
East Area Office; the Regional Counsel; 
the Aeronautical Center Counsel; and 
the Technical Center Counsel. 

(2) The authority of the Adminis-

trator to refer cases to the Attorney 
General of the United States, or the 
delegate of the Attorney General, for 
collection of civil penalties is dele-
gated to the Chief Counsel; the Deputy 
Chief Counsel for Operations; the As-
sistant Chief Counsel for Enforcement; 
Assistant Chief Counsel, Europe, Afri-
ca, and Middle East Area Office; the 
Regional Counsel; the Aeronautical 
Center Counsel; and the Technical Cen-
ter Counsel. 

(3) The authority of the Adminis-

trator to compromise the amount of a 
civil penalty under 49 U.S.C. 46301(f) is 
delegated to the Chief Counsel; the 
Deputy Chief Counsel for Operations; 
the Assistant Chief Counsel for En-
forcement; Assistant Chief Counsel, 
Europe, Africa, and Middle East Area 
Office; the Regional Counsel; the Aero-
nautical Center Counsel; and the Tech-
nical Center Counsel. 

(d) 

Notice of proposed assessment. 

A 

civil penalty action is initiated by 
sending a notice of proposed assess-
ment to the individual charged with a 
violation specified in paragraph (a) of 
this section. The notice of proposed as-
sessment contains a statement of the 
charges and the amount of the pro-
posed civil penalty. The individual 
charged with a violation may do the 
following: 

(1) Submit the amount of the pro-

posed civil penalty or an agreed-on 
amount, in which case either an order 
of assessment or a compromise order 
will be issued in that amount. 

(2) Answer the charges in writing. 

(3) Submit a written request for an 

informal conference to discuss the 
matter with an agency attorney and 
submit relevant information or docu-
ments. 

(4) Request that an order be issued in 

accordance with the notice of proposed 
assessment so that the individual 
charged may appeal to the National 
Transportation Safety Board. 

(e) 

Failure to respond to notice of pro-

posed assessment. 

An order of assess-

ment may be issued if the individual 
charged with a violation fails to re-
spond to the notice of proposed assess-
ment within 15 days after receipt of 
that notice. 

(f) 

Order of assessment. 

An order of as-

sessment, which assesses a civil pen-
alty, may be issued for a violation de-
scribed in paragraph (a) of this section 
after notice and an opportunity to an-
swer any charges and be heard as to 
why such order should not be issued. 

(g) 

Appeal. 

Any individual who re-

ceives an order of assessment issued 
under this section may appeal the 
order to the National Transportation 
Safety Board. The appeal stays the ef-
fectiveness of the Administrator’s 
order. 

(h) 

Exhaustion of administrative rem-

edies. 

An individual substantially af-

fected by an order of the NTSB or the 
Administrator may petition for review 
only of a final decision and order of the 
National Transportation Safety Board 
to a court of appeals of the United 
States for the circuit in which the indi-
vidual charged resides or has his or her 
principal place of business or the 
United States Court of Appeals for the 
District of Columbia Circuit, under 49 
U.S.C. 46110 and 46301(d)(6). Neither an 
order of assessment that has not been 
appealed to the National Transpor-
tation Board, nor an order compro-
mising a civil penalty action, may be 
appealed under those sections. 

(i) 

Compromise. 

The FAA may com-

promise any civil penalty action initi-
ated under this section, in accordance 
with 49 U.S.C. 46301(f). 

(1) An agency attorney may com-

promise any civil penalty action where 
an individual charged with a violation 
agrees to pay a civil penalty and the 

VerDate Sep<11>2014 

12:50 Apr 30, 2019

Jkt 247046

PO 00000

Frm 00057

Fmt 8010

Sfmt 8010

Y:\SGML\247046.XXX

247046

spaschal on DSK3GDR082PROD with CFR