Federal Aviation Administration, DOT

Section 13.15

Subpart C - Legal Enforcement
Actions

(c) The minimum and maximum
amounts of civil penalties for violations of the statutory provisions specified in paragraphs (a) and (b) of this
section, or rules, regulations, or orders
issued thereunder, are periodically adjusted for inflation in accordance with
the formula established in 28 U.S.C.
2461 note and implemented in 14 CFR
part 13, subpart H.

spaschal on DSK3GDR082PROD with CFR

Section 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 dispose 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 include - 
(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 construe the terms of the order.
(c) If the issuance of a consent order
has been agreed upon after the filing of
a request for hearing in accordance
with subpart D of this part, the proposal 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.

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

Section 13.15 Civil penalties: Other than by
administrative assessment.
(a) The FAA uses the procedures in
this section when it seeks a civil penalty other than by the administrative
assessment procedures in SectionSection 13.16 or
13.18.
(b) The authority of the Administrator, under 49 U.S.C. chapter 463, to
seek a civil penalty for a violation
cited in Section 13.14(a), and the ability to
refer cases to the United States Attorney General, or the delegate of the Attorney General, for prosecution of civil
penalty actions sought by the Administrator is delegated to the Chief Counsel; the Deputy Chief Counsel for Operations; 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 delegation applies to cases involving:
(1) An amount in controversy in excess of:
(i) $50,000, if the violation was committed by any person before December
12, 2003;
(ii) $400,000, if the violation was committed by a person other than an individual or small business concern on or
after December 12, 2003;
(iii) $50,000, if the violation was committed by an individual or small business concern on or after December 12,
2003; or
(2) An in rem action, seizure of aircraft subject to lien, suit for injunctive
relief, or for collection of an assessed
civil penalty.
(c) The Administrator may compromise any civil penalty proposed
under this section, before referral to
the United States Attorney General, or

Section 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 violation:
(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 violation of 49 U.S.C. 46504), or 46318;
(7) Section 47107(b); or
(8) Sections 47528 through 47530.
(b) Any person who knowingly commits an act in violation of 49 U.S.C.
chapter 51 or a regulation prescribed or
order issued under that chapter, is subject to a civil penalty under 49 U.S.C.
5123.

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