51
Federal Aviation Administration, DOT
§ 13.27
fine of not more than $25,000, imprison-
ment for not more than five years, or
both, for any person who willfully vio-
lates a provision of that Act or a regu-
lation or order issued under it.
(b) If an inspector or other employee
of the FAA becomes aware of a possible
violation of any criminal provision of
the Federal Aviation Act of 1958 (ex-
cept a violation of section 902 (i)
through (m) which is reported directly
to the Federal Bureau of Investiga-
tion), or of the Hazardous Materials
Transportation Act, relating to the
transportation or shipment by air of
hazardous materials, he or she shall re-
port it to the Office of the Chief Coun-
sel or the Regional Counsel or Assist-
ant Chief Counsel for the region or area
concerned. If appropriate, that office
refers the report to the Department of
Justice for criminal prosecution of the
offender. If such an inspector or other
employee becomes aware of a possible
violation of a Federal statute that is
within the investigatory jurisdiction of
another Federal agency, he or she shall
immediately report it to that agency
according to standard FAA practices.
[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]
§ 13.25
Injunctions.
(a) Whenever it is determined that a
person has engaged, or is about to en-
gage, in any act or practice consti-
tuting a violation of the Federal Avia-
tion Act of 1958, or any regulation or
order issued under it for which the
FAA exercises enforcement responsi-
bility, or, with respect to the transpor-
tation or shipment by air of any haz-
ardous materials, in any act or prac-
tice constituting a violation of the
Hazardous Materials Transportation
Act, or any regulation or order issued
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 Mid-
dle 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 ac-
tion in the appropriate United States
District Court for such relief as is nec-
essary or appropriate, including man-
datory 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 per-
sonal injury, will result from the trans-
portation by air of a particular haz-
ardous material before an order of com-
pliance proceeding, or other adminis-
trative hearing or formal proceeding to
abate the risk of the harm can be com-
pleted, the Chief Counsel, the Assistant
Chief Counsel, Enforcement, the As-
sistant Chief Counsel, Regulations, the
Assistant Chief Counsel, Europe, Afri-
ca, and Middle East Area Office, each
Regional Counsel, and the Aero-
nautical Center Counsel may bring, or
request the United States Attorney
General to bring, an action in the ap-
propriate United States District Court
for an order suspending or restricting
the transportation by air of the haz-
ardous material or for such other order
as is necessary to eliminate or amelio-
rate the imminent hazard, as provided
by section 111(b) of the Hazardous Ma-
terials 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]
§ 13.27
Final order of Hearing Officer
in certificate of aircraft registration
proceedings.
(a) If, in proceedings under section
501(b) of the Federal Aviation Act of
1958 (49 U.S.C. 1401), the Hearing Officer
determines that the aircraft is ineli-
gible for a Certificate of Aircraft Reg-
istration, the Hearing Officer shall sus-
pend or revoke the respondent’s certifi-
cate, as proposed in the notice of pro-
posed certificate action.
(b) If the final order of the Hearing
Officer makes a decision on the merits,
it shall contain a statement of the
findings and conclusions of law on all
material issues of fact and law. If the
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