Federal Aviation Administration, DOT

Section 13.27
tion in the appropriate United States
District Court for such relief as is necessary or appropriate, including mandatory 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 personal injury, will result from the transportation by air of a particular hazardous material before an order of compliance proceeding, or other administrative hearing or formal proceeding to
abate the risk of the harm can be completed, the Chief Counsel, the Assistant
Chief Counsel, Enforcement, the Assistant Chief Counsel, Regulations, the
Assistant Chief Counsel, Europe, Africa, and Middle East Area Office, each
Regional Counsel, and the Aeronautical Center Counsel may bring, or
request the United States Attorney
General to bring, an action in the appropriate United States District Court
for an order suspending or restricting
the transportation by air of the hazardous material or for such other order
as is necessary to eliminate or ameliorate the imminent hazard, as provided
by section 111(b) of the Hazardous Materials Transportation Act (49 U.S.C.
1810).

fine of not more than $25,000, imprisonment for not more than five years, or
both, for any person who willfully violates a provision of that Act or a regulation 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 (except a violation of section 902 (i)
through (m) which is reported directly
to the Federal Bureau of Investigation), or of the Hazardous Materials
Transportation Act, relating to the
transportation or shipment by air of
hazardous materials, he or she shall report it to the Office of the Chief Counsel or the Regional Counsel or Assistant 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.

spaschal on DSK3GDR082PROD with CFR

[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]

Section 13.25 Injunctions.
(a) Whenever it is determined that a
person has engaged, or is about to engage, in any act or practice constituting a violation of the Federal Aviation Act of 1958, or any regulation or
order issued under it for which the
FAA exercises enforcement responsibility, or, with respect to the transportation or shipment by air of any hazardous materials, in any act or practice 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 Middle 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-

[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]

Section 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 ineligible for a Certificate of Aircraft Registration, the Hearing Officer shall suspend or revoke the respondent-s certificate, as proposed in the notice of proposed 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

51

VerDate Sep<11>2014

12:50 Apr 30, 2019

Jkt 247046

PO 00000

Frm 00061

Fmt 8010

Sfmt 8010

Y:\SGML\247046.XXX

247046