75
Federal Aviation Administration, DOT
§ 13.305
to reconsider or modify within a rea-
sonable time after receipt of the peti-
tion or receipt of the reply petition, if
any. The FAA decisionmaker may af-
firm, modify, or reverse the final deci-
sion and order on appeal, or may re-
mand the case for any proceedings that
the FAA decisionmaker determines
may be necessary.
[Amdt. 13–21, 55 FR 27575, July 3, 1990; 55 FR
29293, July 18, 1990; Amdt. 13–23, 55 FR 45983,
Oct. 31, 1990]
§ 13.235
Judicial review of a final deci-
sion and order.
(a) In cases under the Federal avia-
tion statute, a party may seek judicial
review of a final decision and order of
the Administrator, as provided in 49
U.S.C. 46110(a), and, as applicable, in 49
U.S.C. 46301(d)(7)(D)(iii), 46301(g), or
47532.
(b) In cases under the Federal haz-
ardous materials transportation stat-
ute, a party may seek judicial review
of a final decision and order of the Ad-
ministrator, as provided in 49 U.S.C.
5127.
(c) A party seeking judicial review of
a final order issued by the Adminis-
trator may file a petition for review in
the United States Court of Appeals for
the District of Columbia Circuit or in
the United States Court of Appeals for
the circuit in which the party resides
or has its principal place of business.
(d) The party must file the petition
for review no later than 60 days after
service of the Administrator’s final de-
cision and order.
[Doc. No. FAA–2006–26477, 71 FR 70465, Dec. 5,
2006]
Subpart H—Civil Monetary Penalty
Inflation Adjustment
S
OURCE
: Docket No. 28762, 61 FR 67445, Dec.
20, 1996, unless otherwise noted.
§ 13.301
Scope and purpose.
(a) This subpart provides a mecha-
nism for the regular adjustment for in-
flation of civil monetary penalties in
conformity with the Federal Civil Pen-
alties Inflation Adjustment Act of 1990,
28 U.S.C. 2461 (note), as amended by the
Debt Collection Improvement Act of
1996, Public Law 104–134, April 26, 1996,
in order to maintain the deterrent ef-
fect of civil monetary penalties and to
promote compliance with the law. This
subpart also sets out the current ad-
justed maximum civil monetary pen-
alties or range of minimum and max-
imum civil monetary penalties for each
statutory civil penalty subject to the
FAA’s jurisdiction.
(b) Each adjustment to the maximum
civil monetary penalty or the range of
minimum and maximum civil mone-
tary penalties, as applicable, made in
accordance with this subpart applies
prospectively from the date it becomes
effective to actions initiated under this
part, notwithstanding references to a
specific maximum civil monetary pen-
alty or range of minimum and max-
imum civil monetary penalties con-
tained elsewhere in this part.
§ 13.303
Definitions.
(a)
Civil Monetary Penalty means any
penalty, fine, or other sanction that:
(1) Is for a specific monetary amount
as provided by Federal law or has a
maximum amount provided by Federal
law;
(2) Is assessed or enforced by the FAA
pursuant to Federal law; and
(3) Is assessed or enforced pursuant
to an administrative proceeding or a
civil action in the Federal courts.
(b)
Consumer Price Index means the
Consumer Price Index for all urban
consumers published by the Depart-
ment of Labor.
§ 13.305
Cost of living adjustments of
civil monetary penalties.
(a) Except for the limitation to the
initial adjustment to statutory max-
imum civil monetary penalties or
range of minimum and maximum civil
monetary penalties set forth in para-
graph (c) of this section, the inflation
adjustment under this subpart is deter-
mined by increasing the maximum
civil monetary penalty or range of
minimum and maximum civil mone-
tary penalty for each civil monetary
penalty by the cost-of-living adjust-
ment. Any increase determined under
paragraph (a) of this section is rounded
to the nearest:
(1) Multiple of $10 in the case of pen-
alties less than or equal to $100;
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