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14 CFR Ch. I (1–1–19 Edition)
§ 13.16
the delegate of the Attorney General,
for prosecution.
(1) The Administrator, through the
Chief Counsel; the Deputy Chief Coun-
sel for Operations; the Assistant Chief
Counsel for Enforcement; the Assistant
Chief Counsel, Europe, Africa, and Mid-
dle East Area Office; the Regional
Counsel; the Aeronautical Center
Counsel; or the Technical Center Coun-
sel sends a civil penalty letter to the
person charged with a violation cited
in § 13.14(a). The civil penalty letter
contains a statement of the charges,
the applicable law, rule, regulation, or
order, the amount of civil penalty that
the Administrator will accept in full
settlement of the action or an offer to
compromise the civil penalty.
(2) Not later than 30 days after re-
ceipt of the civil penalty letter, the
person charged with a violation may
present any material or information in
answer to the charges to the agency at-
torney, either orally or in writing, that
may explain, mitigate, or deny the vio-
lation or that may show extenuating
circumstances. The Administrator will
consider any material or information
submitted in accordance with this
paragraph to determine whether the
person is subject to a civil penalty or
to determine the amount for which the
Administrator will compromise the ac-
tion.
(3) If the person charged with the vio-
lation offers to compromise for a spe-
cific amount, that person must send to
the agency attorney a certified check
or money order for that amount, pay-
able to the Federal Aviation Adminis-
tration. The Chief Counsel; the Deputy
Chief Counsel for Operations; the As-
sistant Chief Counsel for Enforcement;
the Assistant Chief Counsel, Europe,
Africa, and Middle East Area Office;
the Regional Counsel; Aeronautical
Center Counsel; or the Technical Cen-
ter Counsel may accept the certified
check or money order or may refuse
and return the certified check or
money order.
(4) If the offer to compromise is ac-
cepted by the Administrator, the agen-
cy attorney will send a letter to the
person charged with the violation stat-
ing that the certified check or money
order is accepted in full settlement of
the civil penalty action.
(5) If the parties cannot agree to
compromise the civil penalty action or
the offer to compromise is rejected and
the certified check or money order sub-
mitted in compromise is returned, the
Administrator may refer the civil pen-
alty action to the United States Attor-
ney General, or the delegate of the At-
torney General, to begin proceedings in
a United States district court, pursu-
ant to the authority in 49 U.S.C. 46305,
to prosecute and collect the civil pen-
alty.
[Amdt. 13–18, 53 FR 34653, Sept. 7, 1988, as
amended by Amdt. 13–20, 55 FR 15128, Apr. 20,
1990; Amdt. 13–29, 62 FR 46865, Sept. 4, 1997;
Amdt. 13–32; 69 FR 59495, Oct. 4, 2004]
§ 13.16
Civil Penalties: Administrative
assessment against a person other
than an individual acting as a pilot,
flight engineer, mechanic, or re-
pairman. Administrative assess-
ment against all persons for haz-
ardous materials violations.
(a) The FAA uses these procedures
when it assesses a civil penalty against
a person other than an individual act-
ing as a pilot, flight engineer, me-
chanic, or repairman for a violation
cited in the first sentence of 49 U.S.C.
46301(d)(2) or in 49 U.S.C. 47531, or any
implementing rule, regulation or order.
(b)
District court jurisdiction.
Notwith-
standing the provisions of paragraph
(a) of this section, the United States
district courts have exclusive jurisdic-
tion of any civil penalty action initi-
ated by the FAA for violations de-
scribed in those paragraphs, under 49
U.S.C. 46301(d)(4), if—
(1) The amount in controversy is
more than $50,000 for a violation com-
mitted by any person before December
12, 2003;
(2) The amount in controversy is
more than $400,000 for a violation com-
mitted by a person other than an indi-
vidual or small business concern on or
after December 12, 2003;
(3) The amount in controversy is
more than $50,000 for a violation com-
mitted by an individual or a small
business concern on or after December
12, 2003;
(4) The action is in rem or another
action in rem based on the same viola-
tion has been brought;
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