40
14 CFR Ch. I (1–1–24 Edition)
§ 13.7
law, and may obtain a copy upon pay-
ing the cost of the copy.
§ 13.7
Records, documents, and re-
ports.
Each record, document, and report
that FAA regulations require to be
maintained, exhibited, or submitted to
the Administrator may be used in any
investigation conducted by the Admin-
istrator; and, except to the extent the
use may be specifically limited or pro-
hibited by the section which imposes
the requirement, the records, docu-
ments, and reports may be used in any
civil penalty action, certificate action,
or other legal proceeding.
Subpart B—Administrative Actions
S
OURCE
: Docket No. FAA-2018-1051; Amdt.
No. 13-40, 86 FR 54527, Oct. 1, 2021, unless oth-
erwise noted.
§ 13.11
Administrative disposition of
certain violations.
(a) If, after an investigation, FAA
personnel determine that an apparent
violation of 49 U.S.C. subtitle VII, 49
U.S.C. chapter 51, or any rule, regula-
tion, or order issued under those stat-
utes, does not require legal enforce-
ment action, an appropriate FAA offi-
cial may take administrative action to
address the apparent violation.
(b) An administrative action under
this section does not constitute a for-
mal adjudication of the matter, and
may take the form of—
(1) A Warning Notice that recites
available facts and information about
the incident or condition and indicates
that it may have been a violation; or
(2) A Letter of Correction that states
the corrective action the apparent vio-
lator has taken or agrees to take. If
the apparent violator does not com-
plete the agreed corrective action, the
FAA may take legal enforcement ac-
tion.
Subpart C—Legal Enforcement
Actions
S
OURCE
: Docket No. FAA-2018-1051; Amdt.
No. 13-40, 86 FR 54527, Oct. 1, 2021, unless oth-
erwise noted.
§ 13.13
Consent orders.
(a) The Chief Counsel, each Deputy
Chief Counsel, and the Assistant Chief
Counsel for Enforcement may issue a
consent order to resolve any matter
with a person that may be subject to
legal enforcement action.
(b) A person that may be subject to
legal enforcement action may propose
a consent order. The proposed consent
order must include—
(1) An admission of all jurisdictional
facts;
(2) An express waiver of the right to
further procedural steps and of all
rights to legal review in any forum;
(3) An express waiver of attorney’s
fees and costs;
(4) If a notice or order has been
issued prior to the proposed consent
order, an incorporation by reference of
the notice or order and an acknowledg-
ment that the notice or order may be
used to construe the terms of the con-
sent order; and
(5) If a request for hearing or appeal
is pending in any forum, a provision
that the person will withdraw the re-
quest for hearing or notice of appeal.
§ 13.14
[Reserved]
§ 13.15
Civil penalties: Other than by
administrative assessment.
(a) The FAA uses the procedures in
this section when it seeks a civil pen-
alty other than by the administrative
assessment procedures in § 13.16 or
§ 13.18.
(b) The authority of the Adminis-
trator to seek a civil penalty, and the
ability to refer cases to the United
States Attorney General, or the dele-
gate of the Attorney General, for pros-
ecution of civil penalty actions sought
by the Administrator is delegated to
the Chief Counsel, each Deputy Chief
Counsel, and the Assistant Chief Coun-
sel for Enforcement. This delegation
applies to cases involving one or more
of the following:
(1) An amount in controversy in ex-
cess of:
(i) $400,000, if the violation was com-
mitted by a person other than an indi-
vidual or small business concern; or
(ii) $50,000, if the violation was com-
mitted by an individual or small busi-
ness concern.
VerDate Sep<11>2014
09:06 Jun 28, 2024
Jkt 262046
PO 00000
Frm 00050
Fmt 8010
Sfmt 8010
Y:\SGML\262046.XXX
262046
jspears on DSK121TN23PROD with CFR