background image

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 

VerDate Sep<11>2014 

09:06 Jun 28, 2024

Jkt 262046

PO 00000

Frm 00056

Fmt 8010

Sfmt 8010

Y:\SGML\262046.XXX

262046

jspears on DSK121TN23PROD with CFR

background image

47 

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 

VerDate Sep<11>2014 

09:06 Jun 28, 2024

Jkt 262046

PO 00000

Frm 00057

Fmt 8010

Sfmt 8010

Y:\SGML\262046.XXX

262046

jspears on DSK121TN23PROD with CFR