spaschal on DSK3GDR082PROD with CFR

Federal Aviation Administration, DOT

Section 13.16

(5) The action involves an aircraft
subject to a lien that has been seized
by the Government; or
(6) Another action has been brought
for an injunction based on the same
violation.
(c) Hazardous materials violations. The
FAA may assess a civil penalty against
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, under 49
U.S.C. 5123 and 49 CFR 1.47(k). An order
assessing a civil penalty for a violation
under 49 U.S.C. chapter 51, or a rule,
regulation, or order issued thereunder,
is issued only after the following factors have been considered:
(1) The nature, circumstances, extent, and gravity of the violation;
(2) With respect to the violator, the
degree of culpability, any history of
prior violations, the ability to pay, and
any effect on the ability to continue to
do business; and
(3) Such other matters as justice may
require.
(d) Order assessing civil penalty. An
order assessing civil penalty may be
issued for a violation described in paragraphs (a) or (c) of this section, or as
otherwise provided by statute, after
notice and opportunity for a hearing. A
person charged with a violation may be
subject to an order assessing civil penalty in the following circumstances:
(1) An order assessing civil penalty
may be issued if a person charged with
a violation submits or agrees to submit
a civil penalty for a violation.
(2) An order assessing civil penalty
may be issued if a person charged with
a violation does not request a hearing
under paragraph (g)(2)(ii) of this section within 15 days after receipt of a
final notice of proposed civil penalty.
(3) Unless an appeal is filed with the
FAA decisionmaker in a timely manner, an initial decision or order of an
administrative law judge shall be considered an order assessing civil penalty
if an administrative law judge finds
that an alleged violation occurred and
determines that a civil penalty, in an
amount found appropriate by the administrative law judge, is warranted.
(4) Unless a petition for review is
filed with a U.S. Court of Appeals in a
timely manner, a final decision and

order of the Administrator shall be
considered an order assessing civil penalty if the FAA decisionmaker finds
that an alleged violation occurred and
a civil penalty is warranted.
(e) Delegation of authority. (1) The authority of the Administrator under 49
U.S.C. 46301(d), 47531, and 5123, and 49
CFR 1.47(k) to initiate and assess civil
penalties for a violation of those statutes or a rule, regulation, or order
issued thereunder, is delegated to 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.
(2) The authority of the Administrator under 49 U.S.C. 5123, 49 CFR
1.47(k), 49 U.S.C. 46301(d), and 49 U.S.C.
46305 to refer cases to the Attorney
General of the United States, or the
delegate of the Attorney General, for
collection of civil penalties is delegated to the Deputy Chief Counsel for
Operations; the Assistant Chief Counsel for Enforcement; Assistant Chief
Counsel, Europe, Africa, and Middle
East Area Office; the Regional Counsel;
the Aeronautical Center Counsel; and
the Technical Center Counsel.
(3) The authority of the Administrator under 49 U.S.C. 46301(f) to compromise the amount of a civil penalty
imposed is delegated to the Deputy
Chief Counsel for Operations; the Assistant Chief Counsel for Enforcement;
Assistant Chief Counsel, Europe, Africa, and Middle East Area Office; the
Regional Counsel; the Aeronautical
Center Counsel; and the Technical Center Counsel.
(4) The authority of the Administrator under 49 U.S.C. 5123 (e) and (f)
and 49 CFR 1.47(k) to compromise the
amount of a civil penalty imposed is
delegated to the Deputy Chief Counsel
for Operations; the Assistant Chief
Counsel for Enforcement; Assistant
Chief Counsel, Europe, Africa, and Middle East Area Office; the Regional
Counsel; the Aeronautical Center
Counsel; and the Technical Center
Counsel.
(f) Notice of proposed civil penalty. A
civil penalty action is initiated by

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