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Federal Aviation Administration, DOT

§ 13.15

Subpart C—Legal Enforcement

Actions

§ 13.13

Consent orders.

(a) At any time before the issuance of

an order under this subpart, the official
who issued the notice and the person
subject to the notice may agree to dis-
pose of the case by the issuance of a
consent order by the official.

(b) A proposal for a consent order,

submitted to the official who issued
the notice, under this section must in-
clude—

(1) A proposed order;
(2) An admission of all jurisdictional

facts;

(3) An express waiver of the right to

further procedural steps and of all
rights to judicial review; and

(4) An incorporation by reference of

the notice and an acknowledgment
that the notice may be used to con-
strue the terms of the order.

has been agreed upon after the filing of
a request for hearing in accordance
with subpart D of this part, the pro-
posal for a consent order shall include
a request to be filed with the Hearing
Officer withdrawing the request for a
hearing and requesting that the case be
dismissed.

§ 13.14

Civil penalties: General.

(a) Any person who violates any of

the following statutory provisions, or
any rule, regulation, or order issued
thereunder, is subject to a civil penalty
of not more than the amount specified
in 49 U.S.C. chapter 463 for each viola-
tion:

(1) Chapter 401 (except sections

40103(a) and (d), 40105, 40116, and 40117);

(2) Chapter 441 (except section 44109);
(3) Section 44502(b) or (c);
(4) Chapter 447 (except sections 44717

and 44719–44723);

(5) Chapter 451;
(6) Sections 46301(b), 46302 (for a vio-

lation of 49 U.S.C. 46504), or 46318;

(7) Section 47107(b); or
(8) Sections 47528 through 47530.
(b) Any person who knowingly com-

mits an act in violation of 49 U.S.C.
chapter 51 or a regulation prescribed or
order issued under that chapter, is sub-
ject to a civil penalty under 49 U.S.C.
5123.

amounts of civil penalties for viola-
tions of the statutory provisions speci-
fied in paragraphs (a) and (b) of this
section, or rules, regulations, or orders
issued thereunder, are periodically ad-
justed for inflation in accordance with
the formula established in 28 U.S.C.
2461 note and implemented in 14 CFR
part 13, subpart H.

[Amdt. 13–32; 69 FR 59495, Oct. 4, 2004; Amdt.
13–32; 70 FR 1813, Jan. 11, 2005; 71 FR 70464,
Dec. 5, 2006]

§ 13.15

Civil penalties: Other than by

administrative assessment.

(a) The FAA uses the procedures in

this section when it seeks a civil pen-
alty other than by the administrative
assessment procedures in §§ 13.16 or
13.18.

(b) The authority of the Adminis-

trator, under 49 U.S.C. chapter 463, to
seek a civil penalty for a violation
cited in § 13.14(a), and the ability to
refer cases to the United States Attor-
ney General, or the delegate of the At-
torney General, for prosecution of civil
penalty actions sought by the Adminis-
trator is delegated to the Chief Coun-
sel; the Deputy Chief Counsel for Oper-
ations; the Assistant Chief Counsel for
Enforcement; the Assistant Chief
Counsel, Europe, Africa, and Middle
East Area Office; the Regional Counsel;
the Aeronautical Center Counsel; and
the Technical Center Counsel. This del-
egation applies to cases involving:

(1) An amount in controversy in ex-

cess of:

(i) $50,000, if the violation was com-

mitted by any person before December
12, 2003;

(ii) $400,000, if the violation was com-

mitted by a person other than an indi-
vidual or small business concern on or
after December 12, 2003;

(iii) $50,000, if the violation was com-

mitted by an individual or small busi-
ness concern on or after December 12,
2003; or

(2) An in rem action, seizure of air-

craft subject to lien, suit for injunctive
relief, or for collection of an assessed
civil penalty.

promise any civil penalty proposed
under this section, before referral to
the United States Attorney General, or

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