43
Federal Aviation Administration, DOT
§ 13.17
proposed civil penalty contained in a
notice of proposed civil penalty.
(1) A final notice of proposed civil
penalty may be issued—
(i) If the person charged with a viola-
tion fails to respond to the notice of
proposed civil penalty within 30 days
after receipt of that notice; or
(ii) If the parties participated in any
procedures under paragraph (f)(2) of
this section and the parties have not
agreed to compromise the action or the
agency attorney has not agreed to
withdraw the notice of proposed civil
penalty.
(2) Not later than 15 days after re-
ceipt of the final notice of proposed
civil penalty, the person charged with
a violation may do one of the fol-
lowing:
(i) Submit the amount of the pro-
posed civil penalty or an agreed-upon
amount, in which case either an order
assessing civil penalty or a com-
promise order under paragraph (n) of
this section may be issued in that
amount; or
(ii) Request a hearing conducted in
accordance with subpart G of this part.
(h)
Request for a hearing. Any person
requesting a hearing, under paragraph
(f)(3) or (g)(2)(ii) of this section must
file the request with the FAA Hearing
Docket Clerk and serve the request on
the agency attorney in accordance
with the requirements in subpart G of
this part.
(i)
Hearing. The procedural rules in
subpart G of this part apply to the
hearing.
(j)
Appeal. Either party may appeal
the administrative law judge’s initial
decision to the FAA decisionmaker
under the procedures in subpart G of
this part. The procedural rules in sub-
part G of this part apply to the appeal.
(k)
Judicial review. A person may seek
judicial review only of a final decision
and order of the FAA decisionmaker in
accordance with § 13.235.
(l)
Payment. (1) A person must pay a
civil penalty by:
(i) Sending a certified check or
money order, payable to the Federal
Aviation Administration, to the FAA
office identified in the notice of pro-
posed civil penalty, the final notice of
proposed civil penalty, or the order as-
sessing civil penalty; or
(ii) Making an electronic payment
according to the directions specified in
the notice of proposed civil penalty,
the final notice of proposed civil pen-
alty, or the order assessing civil pen-
alty.
(2) The civil penalty must be paid
within 30 days after service of the order
assessing civil penalty, unless other-
wise agreed to by the parties. In cases
where a hearing is requested, an appeal
to the FAA decisionmaker is filed, or a
petition for review of the FAA deci-
sionmaker’s decision is filed in a U.S.
court of appeals, the civil penalty must
be paid within 30 days after all litiga-
tion in the matter is completed and the
civil penalty is affirmed in whole or in
part.
(m)
Collection of civil penalties. If an
individual does not pay a civil penalty
imposed by an order assessing civil
penalty or other final order, the Ad-
ministrator may take action to collect
the penalty.
(n)
Compromise. The FAA may com-
promise the amount of any civil pen-
alty imposed under this section under
49 U.S.C. 5123(e), 46301(f), or 46318 at any
time before referring the action to the
United States Attorney General, or the
delegate of the Attorney General, for
collection.
(1) When a civil penalty is com-
promised with a finding of violation, an
agency attorney issues an order assess-
ing civil penalty.
(2) When a civil penalty is com-
promised without a finding of viola-
tion, the agency attorney issues a com-
promise order that states the fol-
lowing:
(i) The person has paid a civil penalty
or has signed a promissory note pro-
viding for installment payments.
(ii) The FAA makes no finding of a
violation.
(iii) The compromise order will not
be used as evidence of a prior violation
in any subsequent civil penalty pro-
ceeding or certificate action pro-
ceeding.
§ 13.17
Seizure of aircraft.
(a) The Chief Counsel, or a Regional
Administrator for an aircraft within
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14 CFR Ch. I (1–1–24 Edition)
§ 13.18
the region, may issue an order author-
izing a State or Federal law enforce-
ment officer or a Federal Aviation Ad-
ministration safety inspector to seize
an aircraft that is involved in a viola-
tion for which a civil penalty may be
imposed on its owner or the individual
commanding the aircraft.
(b) Each person seizing an aircraft
under this section places it in the near-
est available and adequate public stor-
age facility in the judicial district in
which it was seized.
(c) The Regional Administrator or
Chief Counsel, without delay, sends a
written notice and a copy of this sec-
tion to the registered owner of the
seized aircraft and to each other person
shown by FAA records to have an in-
terest in it, stating the—
(1) Time, date, and place of seizure;
(2) Name and address of the custodian
of the aircraft;
(3) Reasons for the seizure, including
the violations alleged or proven to
have been committed; and
(4) Amount that may be tendered
as—
(i) A compromise of a civil penalty
for the alleged violation; or
(ii) Payment for a civil penalty im-
posed for a proven violation.
(d) The Chief Counsel or Assistant
Chief Counsel for Enforcement imme-
diately sends a report to the United
States Attorney for the judicial dis-
trict in which it was seized, requesting
the United States Attorney to insti-
tute proceedings to enforce a lien
against the aircraft.
(e) The Regional Administrator or
Chief Counsel directs the release of a
seized aircraft when—
(1) The alleged violator pays a civil
penalty or an amount agreed upon in
compromise, and the costs of seizing,
storing, and maintaining the aircraft;
(2) The aircraft is seized under an
order of a court of the United States in
proceedings in rem initiated under 49
U.S.C. 46305 to enforce a lien against
the aircraft;
(3) The United States Attorney Gen-
eral, or the delegate of the Attorney
General, notifies the FAA that the
United States Attorney General, or the
delegate of the Attorney General, re-
fuses to institute proceedings in rem
under 49 U.S.C. 46305 to enforce a lien
against the aircraft; or
(4) A bond in the amount and with
the sureties prescribed by the Chief
Counsel or the Assistant Chief Counsel
for Enforcement is deposited, condi-
tioned on payment of the penalty or
the compromise amount, and the costs
of seizing, storing, and maintaining the
aircraft.
§ 13.18
Civil penalties: Administrative
assessment against an individual
acting as a pilot, flight engineer,
mechanic, or repairman.
(a)
General. (1) This section applies to
each action in which the FAA seeks to
assess a civil penalty by administrative
procedures against an individual acting
as a pilot, flight engineer, mechanic, or
repairman under 49 U.S.C. 46301(d)(5)
for a violation listed in 49 U.S.C.
46301(d)(2). This section does not apply
to a civil penalty assessed for a viola-
tion of 49 U.S.C. chapter 51, or a rule,
regulation, or order issued thereunder.
(2) Notwithstanding the provisions of
paragraph (a)(1) of this section, the
U.S. district courts have exclusive ju-
risdiction of any civil penalty action
involving an individual acting as a
pilot, flight engineer, mechanic, or re-
pairman for violations described in
paragraph (a)(1), or under 49 U.S.C.
46301(d)(4), if:
(i) The amount in controversy is
more than $50,000;
(ii) The action involves an aircraft
subject to a lien that has been seized
by the government; or
(iii) Another action has been brought
for an injunction based on the same
violation.
(b)
Definitions. As used in this part,
the following definitions apply:
(1)
Flight engineer means an indi-
vidual who holds a flight engineer cer-
tificate issued under part 63 of this
chapter.
(2)
Individual acting as a pilot, flight
engineer, mechanic, or repairman means
an individual acting in such capacity,
whether or not that individual holds
the respective airman certificate
issued by the FAA.
(3)
Mechanic means an individual who
holds a mechanic certificate issued
under part 65 of this chapter.
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