spaschal on DSK3GDR082PROD with CFR

Federal Aviation Administration, DOT

Section 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 authority 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 Counsel 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 Administrator to refer cases to the Attorney
General of the United States, or the
delegate of the Attorney General, for
collection of civil penalties is delegated to the Chief Counsel; the Deputy
Chief Counsel for Operations; the Assistant Chief Counsel for Enforcement;
Assistant Chief Counsel, Europe, Africa, and Middle East Area Office; the
Regional Counsel; the Aeronautical
Center Counsel; and the Technical Center Counsel.
(3) The authority of the Administrator 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 Enforcement; Assistant Chief Counsel,
Europe, Africa, and Middle East Area
Office; the Regional Counsel; the Aeronautical Center Counsel; and the Technical Center Counsel.
(d) Notice of proposed assessment. A
civil penalty action is initiated by
sending a notice of proposed assessment to the individual charged with a
violation specified in paragraph (a) of
this section. The notice of proposed assessment contains a statement of the
charges and the amount of the proposed civil penalty. The individual
charged with a violation may do the
following:
(1) Submit the amount of the proposed 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 documents.
(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 proposed assessment. An order of assessment may be issued if the individual
charged with a violation fails to respond to the notice of proposed assessment within 15 days after receipt of
that notice.
(f) Order of assessment. An order of assessment, which assesses a civil penalty, may be issued for a violation described in paragraph (a) of this section
after notice and an opportunity to answer any charges and be heard as to
why such order should not be issued.
(g) Appeal. Any individual who receives an order of assessment issued
under this section may appeal the
order to the National Transportation
Safety Board. The appeal stays the effectiveness of the Administrator-s
order.
(h) Exhaustion of administrative remedies. An individual substantially affected 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 individual 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 Transportation Board, nor an order compromising a civil penalty action, may be
appealed under those sections.
(i) Compromise. The FAA may compromise any civil penalty action initiated under this section, in accordance
with 49 U.S.C. 46301(f).
(1) An agency attorney may compromise any civil penalty action where
an individual charged with a violation
agrees to pay a civil penalty and the

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