46
14 CFR Ch. I (1–1–24 Edition)
§ 13.19
in any subsequent civil penalty pro-
ceeding or certificate action pro-
ceeding.
(j)
Payment. (1) An individual 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 order of assess-
ment; or
(ii) Making an electronic payment
according to the directions specified in
the order of assessment.
(2) The civil penalty must be paid
within 30 days after service of the order
of assessment, unless an appeal is filed
with the National Transportation Safe-
ty Board. In cases where an appeal is
filed with the National Transportation
Safety Board, or a petition for review
is filed with a U.S. court of appeals, the
civil penalty must be paid within 30
days after all litigation in the matter
is completed and the civil penalty is af-
firmed in whole or in part.
(k)
Collection of civil penalties. If an
individual does not pay a civil penalty
imposed by an order of assessment or
other final order, the Administrator
may take action provided under the
law to collect the penalty.
§ 13.19
Certificate actions appealable
to the National Transportation
Safety Board.
(a) This section applies to certificate
actions by the Administrator that are
appealable to the National Transpor-
tation Safety Board.
(1) Under 49 U.S.C. 44709(b) the Ad-
ministrator may issue an order amend-
ing, modifying, suspending, or revoking
all or part of any type certificate, pro-
duction certificate, airworthiness cer-
tificate, airman certificate, air carrier
operating certificate, air navigation fa-
cility certificate, or air agency certifi-
cate if as a result of a reinspection, re-
examination, or other investigation,
the Administrator determines that the
public interest and safety in air com-
merce requires it, if a certificate hold-
er has violated an aircraft noise or
sonic boom standard or regulation pre-
scribed under 49 U.S.C. 44715(a), or if
the holder of the certificate is con-
victed of violating 16 U.S.C. 742j–1(a).
(2) The authority of the Adminis-
trator to issue orders under 49 U.S.C.
44709(b)(1)(A) and (b)(2) is delegated to
the Chief Counsel, each Deputy Chief
Counsel, and the Assistant Chief Coun-
sel for Enforcement.
(b) The agency attorney will issue a
notice before issuing a non-imme-
diately effective order to amend, mod-
ify, suspend, or revoke a type certifi-
cate, production certificate, airworthi-
ness certificate, airman certificate, air
carrier operating certificate, air navi-
gation facility certificate, air agency
certificate, or to revoke an aircraft
certificate of registration because the
aircraft was used to carry out or facili-
tate an activity punishable under a law
of the United States or a State related
to a controlled substance (except a law
related to simple possession of a con-
trolled substance), by death or impris-
onment for more than one year, and
the owner of the aircraft permitted the
use of the aircraft knowing that the
aircraft was to be used for the activity.
(1) A notice of proposed certificate
action will advise the certificate holder
or aircraft owner of the charges or
other reasons upon which the Adminis-
trator bases the proposed action, and
allows the holder to answer any
charges and to be heard as to why the
certificate should not be amended, sus-
pended, modified, or revoked.
(2) In response to a notice of proposed
certificate action described in para-
graph (b)(1) of this section, the certifi-
cate holder or aircraft owner, within 15
days of the date of receipt of the no-
tice, may—
(i) Surrender the certificate and
waive any right to contest or appeal
the charged violations and sanction, in
which case the Administrator will
issue an order;
(ii) Answer the charges in writing by
submitting information, including doc-
uments and witness statements, dem-
onstrating that a violation of the regu-
lations did not occur or that the pro-
posed sanction is not warranted by the
circumstances;
(iii) Submit a written request for an
informal conference to discuss the
matter with an agency attorney and
submit relevant information or docu-
ments; or
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Federal Aviation Administration, DOT
§ 13.20
(iv) Request that an order be issued
in accordance with the notice of pro-
posed certificate action so that the cer-
tificate holder or aircraft owner may
appeal to the National Transportation
Safety Board.
(c) In the case of an emergency order
amending, modifying, suspending, or
revoking a type certificate, production
certificate, airworthiness certificate,
airman certificate, air carrier oper-
ating certificate, air navigation facil-
ity certificate, or air agency certifi-
cate, a person affected by the imme-
diate effectiveness of the Administra-
tor’s order may petition the National
Transportation Safety Board for a re-
view of the Administrator’s determina-
tion that an emergency exists.
(d) A person may not petition the Na-
tional Transportation Safety Board for
a review of the Administrator’s deter-
mination that safety in air transpor-
tation or air commerce requires the
immediate effectiveness of an order
where the action is based on the cir-
cumstances described in paragraph
(d)(1), (2), or (3) of this section.
(1) The revocation of an individual’s
airman certificates for the reasons
stated in paragraph (d)(1)(i) or (ii) of
this section:
(i) A conviction under a law of the
United States or a State related to a
controlled substance (except a law re-
lated to simple possession of a con-
trolled substance), of an offense pun-
ishable by death or imprisonment for
more than one year if the Adminis-
trator finds that—
(A) An aircraft was used to commit,
or facilitate the commission of the of-
fense; and
(B) The individual served as an air-
man, or was on the aircraft, in connec-
tion with committing, or facilitating
the commission of, the offense.
(ii) Knowingly carrying out an activ-
ity punishable, under a law of the
United States or a State related to a
controlled substance (except a law re-
lated to simple possession of a con-
trolled substance), by death or impris-
onment for more than one year; and—
(A) An aircraft was used to carry out
or facilitate the activity; and
(B) The individual served as an air-
man, or was on the aircraft, in connec-
tion with carrying out, or facilitating
the carrying out of, the activity.
(2) The revocation of a certificate of
registration for an aircraft, and any
other aircraft the owner of that air-
craft holds, if the Administrator finds
that—
(i) The aircraft was used to carry out
or facilitate an activity punishable,
under a law of the United States or a
State related to a controlled substance
(except a law related to simple posses-
sion of a controlled substance), by
death or imprisonment for more than
one year; and
(ii) The owner of the aircraft per-
mitted the use of the aircraft knowing
that the aircraft was to be used for the
activity described in paragraph (d)(2)(i)
of this section.
(3) The revocation of an airman cer-
tificate, design organization certifi-
cate, type certificate, production cer-
tificate, airworthiness certificate, air
carrier operating certificate, airport
operating certificate, air agency cer-
tificate, or air navigation facility cer-
tificate if the Administrator finds that
the holder of the certificate or an indi-
vidual who has a controlling or owner-
ship interest in the holder—
(i) Was convicted in a court of law of
a violation of a law of the United
States relating to the installation, pro-
duction, repair, or sale of a counterfeit
or fraudulently-represented aviation
part or material; or
(ii) Knowingly, and with the intent
to defraud, carried out or facilitated an
activity described in paragraph (d)(3)(i)
of this section.
[Docket FAA–2018–1051, Amdt. 13–40, 86 FR
54527, Oct. 1, 2021, as amended by Docket
FAA–2018–1051, Amdt. 13–40A, 87 FR 61233,
Oct. 11, 2022]
§ 13.20
Orders of compliance, cease
and desist orders, orders of denial,
and other orders.
(a)
General. This section applies to all
of the following:
(1) Orders of compliance;
(2) Cease and desist orders;
(3) Orders of denial;
(4) Orders suspending or revoking a
certificate of registration (but not rev-
ocation of a certificate of registration
because the aircraft was used to carry
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