14 CFR 13.15 - Civil penalties: Other than by administrative assessment.

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§ 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 §§ 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 § 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 the delegate of the Attorney General, for prosecution.
(1) The Administrator, through 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; or the Technical Center Counsel 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 receipt 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 attorney, either orally or in writing, that may explain, mitigate, or deny the violation 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 action.
(3) If the person charged with the violation offers to compromise for a specific amount, that person must send to the agency attorney a certified check or money order for that amount, payable to the Federal Aviation Administration. 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; Aeronautical Center Counsel; or the Technical Center 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 accepted by the Administrator, the agency attorney will send a letter to the person charged with the violation stating 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 submitted in compromise is returned, the Administrator may refer the civil penalty action to the United States Attorney General, or the delegate of the Attorney General, to begin proceedings in a United States district court, pursuant to the authority in 49 U.S.C. 46305, to prosecute and collect the civil penalty.
[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]

Title 14 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 14.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-10-15; vol. 79 # 199 - Wednesday, October 15, 2014
    1. 79 FR 61761 - Orders of Compliance, Cease and Desist Orders, Order of Denial, and Other Orders
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration
      Final rule; confirmation of effective date; disposition of comments.
      The immediate final rule published August 12, 2014 (79 FR 46964) will become effective on October 14, 2014.
      14 CFR Part 13

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 18 - CRIMES AND CRIMINAL PROCEDURE
U.S. Code: Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
U.S. Code: Title 49 - TRANSPORTATION

§ 106 - Federal Aviation Administration

§ 5121 - Administrative

§ 5122 - Enforcement

§ 5123 - Civil penalty

§ 5124 - Criminal penalty

§ 5125 - Preemption

§ 5126 - Relationship to other laws

§ 5127 - Judicial review

§ 5128 - Authorization of appropriations

§ 40113 - Administrative

§ 40114 - Reports and records

§ 44103 - Registration of aircraft

§ 44104 - Registration of aircraft components and dealers’ certificates of registration

§ 44105 - Suspension and revocation of aircraft certificates

§ 44106 - Revocation of aircraft certificates for controlled substance violations

§ 44702 - Issuance of certificates

§ 44703 - Airman certificates

§ 44709 - Amendments, modifications, suspensions, and revocations of certificates

§ 44710 - Revocations of airman certificates for controlled substance violations

§ 44713 - Inspection and maintenance

§ 46101 - Complaints and investigations

§ 46102 - Proceedings

§ 46103 - Service of notice, process, and actions

§ 46104 - Evidence

§ 46105 - Regulations and orders

§ 46106 - Enforcement by the Department of Transportation

§ 46107 - Enforcement by the Attorney General

§ 46108 - Enforcement of certificate requirements by interested persons

§ 46109 - Joinder and intervention

§ 46110 - Judicial review

§ 46111 - Certificate actions in response to a security threat

§ 46301 - Civil penalties

§ 46302 - False information

§ 46304 - Liens on aircraft

§ 46305 - Actions to recover civil penalties

§ 46306 - Registration violations involving aircraft not providing air transportation

§ 46307 - Violation of national defense airspace

§ 46308 - Interference with air navigation

§ 46309 - Concession and price violations

§ 46310 - Reporting and recordkeeping violations

§ 46311 - Unlawful disclosure of information

§ 46312 - Transporting hazardous material

§ 46313 - Refusing to appear or produce records

§ 46314 - Entering aircraft or airport area in violation of security requirements

§ 46315 - Lighting violations involving transporting controlled substances by aircraft not providing air transportation

§ 46316 - General criminal penalty when specific penalty not provided

§ 46318 - Interference with cabin or flight crew

§ 46501 - Definitions

§ 46502 - Aircraft piracy

§ 46504 - Interference with flight crew members and attendants

§ 46505 - Carrying a weapon or explosive on an aircraft

§ 46506 - Application of certain criminal laws to acts on aircraft

§ 46507 - False information and threats

§ 47106 - Project grant application approval conditioned on satisfaction of project requirements

§ 47107 - Project grant application approval conditioned on assurances about airport operations

§ 47111 - Payments under project grant agreements

§ 47122 - Administrative

§ 47306 - Criminal penalty

§ 47531 - Penalties

§ 47532 - Judicial review

Title 14 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 14 CFR 13 after this date.

  • 2014-10-15; vol. 79 # 199 - Wednesday, October 15, 2014
    1. 79 FR 61761 - Orders of Compliance, Cease and Desist Orders, Order of Denial, and Other Orders
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration
      Final rule; confirmation of effective date; disposition of comments.
      The immediate final rule published August 12, 2014 (79 FR 46964) will become effective on October 14, 2014.
      14 CFR Part 13