title-14-part-13-sec13-301

14 CFR Ch. I (1–1–24 Edition)

§ 13.236

Alternative dispute resolution.

Parties may use mediation to achieve

resolution of issues in controversy ad-
dressed by this subpart. Parties seek-
ing alternative dispute resolution serv-
ices may engage the services of a mu-
tually acceptable mediator. The medi-
ator must not participate in the adju-
dication under this subpart of any mat-
ter in which the mediator has provided
mediation services. Mediation discus-
sions and submissions will remain con-
fidential consistent with the provisions
of the Administrative Dispute Resolu-
tion Act and other applicable Federal
laws.

Subpart H—Civil Monetary Penalty

Inflation Adjustment

OURCE

: Docket No. 28762, 61 FR 67445, Dec.

20, 1996, unless otherwise noted.

§ 13.301

Inflation adjustments of civil

monetary penalties.

(a) This subpart provides the max-

imum civil monetary penalties or
range of minimum and maximum civil
monetary penalties for each statutory
civil penalty subject to FAA jurisdic-
tion, as adjusted for inflation.

(b) Each adjustment to a maximum

civil monetary penalty or to minimum
and maximum civil monetary penalties
that establish a civil monetary penalty
range applies to actions initiated under
this part for violations occurring on or
after December 28, 2023, notwith-
standing references to specific civil
penalty amounts elsewhere in this
part.

monetary penalties are as follows:

ABLE

§ 13.301(c)—M

INIMUM AND

AXIMUM

IVIL

ONETARY

ENALTY

MOUNTS FOR

ERTAIN

IOLATIONS

United States Code cita-

tion

Civil monetary penalty de-

scription

2023

minimum

penalty

amount

New ad-

justed

minimum

penalty

amount

for viola-

tions

occurring

or after

December

28, 2023

2023

maximum penalty

amount

New adjusted max-

imum

penalty amount for

violations occurring

on or after December

28, 2023

49 U.S.C. 5123(a)(1) ....

Violation of hazardous ma-

terials transportation law.

N/A N/A

$96,624 ....................

$99,756.

49 U.S.C. 5123(a)(2) ....

Violation of hazardous ma-

terials transportation law
resulting in death, seri-
ous illness, severe in-
jury, or substantial prop-
erty destruction.

N/A N/A

$225,455 ..................

$232,762.

49 U.S.C. 5123(a)(3) ....

Violation of hazardous ma-

terials transportation law
relating to training.

$582 $601

$96,624 ....................

$99,756.

49 U.S.C. 44704(d)(3) ..

Knowing presentation of a

nonconforming aircraft
for issuance of an initial
airworthiness certificate
by a production certifi-
cate holder.

N/A N/A

$1,144,488 ...............

$1,181,581.

49 U.S.C. 44704(e)(4) ..

Knowing failure by an ap-

plicant for or holder of a
type certificate to submit
safety critical informa-
tion or include certain
such information in an
airplane flight manual or
flight crew operating
manual.

N/A N/A

$1,144,488 ...............

$1,181,581.

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§ 13.301

ABLE

§ 13.301(c)—M

INIMUM AND

AXIMUM

IVIL

ONETARY

ENALTY

MOUNTS FOR

ERTAIN

IOLATIONS

—Continued

United States Code cita-

tion

Civil monetary penalty de-

scription

2023

minimum

penalty

amount

New ad-

justed

minimum

penalty

amount

for viola-

tions

occurring

or after

December

28, 2023

2023

maximum penalty

amount

New adjusted max-

imum

penalty amount for

violations occurring

on or after December

28, 2023

49 U.S.C. 44704(e)(5) ..

Knowing false statement

by an airline transport
pilot (ATP) certificate
holder with respect to
the submission of cer-
tain safety critical infor-
mation.

N/A

N/A See entries for 49

U.S.C. 46301(a)(1)
and (a)(5).

See entries for 49

U.S.C. 46301(a)(1)
and (a)(5).

49 U.S.C. 44742 ...........

Interference by a super-

visory employee of an
organization designation
authorization (ODA)
holder that manufac-
tures a transport cat-
egory airplane with an
ODA unit member’s per-
formance of authorized
functions.

N/A

N/A See entries for 49

U.S.C. 46301(a)(1).

See entries for 49

U.S.C.
46301(a)(1).

49 U.S.C. 44802 note ...

Operation of an unmanned

aircraft or unmanned
aircraft system equipped
or armed with a dan-
gerous weapon.

N/A N/A

$29,462 ....................

$30,417.

49 U.S.C. 46301(a)(1) ..

Violation by a person

other than an individual
or small business con-
cern under 49 U.S.C.
46301(a)(1)(A) or (B).

N/A N/A

$40,272 ....................

$41,577.

49 U.S.C. 46301(a)(1) ..

Violation by an airman

serving as an airman
under 49 U.S.C.
46301(a)(1)(A) or (B)
(but not covered by
46301(a)(5)(A) or (B)).

N/A N/A

$1,771 ......................

$1,828.

49 U.S.C. 46301(a)(1) ..

Violation by an individual

or small business con-
cern under 49 U.S.C.
46301(a)(1)(A) or (B)
(but not covered in 49
U.S.C. 46301(a)(5)).

N/A N/A

$1,771 ......................

$1,828.

49 U.S.C. 46301(a)(3) ..

Violation of 49 U.S.C.

47107(b) (or any assur-
ance made under such
section) or 49 U.S.C.
47133.

N/A

N/A Increase above oth-

erwise applicable
maximum amount
not to exceed 3
times the amount
of revenues used
in violation of such
section.

No change.

49 U.S.C.

46301(a)(5)(A).

Violation by an individual

or small business con-
cern (except an airman
serving as an airman)
under 49 U.S.C.
46301(a)(5)(A)(i) or (ii).

N/A N/A

$16,108 ....................

$16,630.

49 U.S.C.

46301(a)(5)(B)(i).

Violation by an individual

or small business con-
cern related to the
transportation of haz-
ardous materials.

N/A N/A

$16,108 ....................

$16,630.

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14 CFR Ch. I (1–1–24 Edition)

§ 13.301

ABLE

§ 13.301(c)—M

INIMUM AND

AXIMUM

IVIL

ONETARY

ENALTY

MOUNTS FOR

ERTAIN

IOLATIONS

—Continued

United States Code cita-

tion

Civil monetary penalty de-

scription

2023

minimum

penalty

amount

New ad-

justed

minimum

penalty

amount

for viola-

tions

occurring

or after

December

28, 2023

2023

maximum penalty

amount

New adjusted max-

imum

penalty amount for

violations occurring

on or after December

28, 2023

49 U.S.C.

46301(a)(5)(B)(ii).

Violation by an individual

or small business con-
cern related to the reg-
istration or recordation
under 49 U.S.C. chapter
441, of an aircraft not
used to provide air
transportation.

N/A N/A

$16,108 ....................

$16,630.

49 U.S.C.

46301(a)(5)(B)(iii).

Violation by an individual

or small business con-
cern of 49 U.S.C.
44718(d), relating to lim-
itation on construction or
establishment of landfills.

N/A N/A

$16,108 ....................

$16,630.

49 U.S.C.

46301(a)(5)(B)(iv).

Violation by an individual

or small business con-
cern of 49 U.S.C.
44725, relating to the
safe disposal of life-lim-
ited aircraft parts.

N/A N/A

$16,108 ....................

$16,630.

49 U.S.C. 46301 note ...

Individual who aims the

beam of a laser pointer
at an aircraft in the air-
space jurisdiction of the
United States, or at the
flight path of such an
aircraft.

N/A N/A

$30,820 ....................

$31,819.

49 U.S.C. 46301(b) .......

Tampering with a smoke

alarm device.

N/A N/A

$5,171 ......................

$5,339.

49 U.S.C. 46302 ...........

Knowingly providing false

information about al-
leged violation involving
the special aircraft juris-
diction of the United
States.

N/A N/A

$28,085 ....................

$28,995.

49 U.S.C. 46318 ...........

Physical or sexual assault

or threat to physically or
sexually assault crew-
member or other indi-
vidual on an aircraft, or
action that poses an im-
minent threat to the
safety of the aircraft or
individuals on board.

N/A N/A

$42,287 ....................

$43,658.

49 U.S.C. 46319 ...........

Permanent closure of an

airport without providing
sufficient notice.

N/A N/A

$16,108 ....................

$16,630.

49 U.S.C. 46320 ...........

Operating an unmanned

aircra ft and in so doing
knowingly or recklessly
interfering with a wildfire
suppression, law en-
forcement, or emer-
gency response effort.

N/A N/A

$24,656 ....................

$25,455.

49 U.S.C. 47531 ...........

Violation of 49 U.S.C.

47528–47530 or 47534,
relating to the prohibi-
tion of operating certain
aircraft not complying
with stage 3 noise levels.

N/A

N/A See entries for 49

U.S.C. 46301(a)(1)
and (a)(5).

See entries for 49

U.S.C. 46301(a)(1)
and (a)(5).

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Pt. 14

[84 FR 37068, July 31, 2019, as amended at 86
FR 1753, Jan. 11, 2021; 86 FR 23249, May 3,
2021; 87 FR 15863, Mar. 21, 2022; 88 FR 1122,
Jan. 6, 2023; 88 FR 6971, Feb. 2, 2023; 88 FR
89557, Dec. 28, 2023]

Subpart I—Flight Operational

Quality Assurance Programs

§ 13.401

Flight Operational Quality As-

surance Program: Prohibition
against use of data for enforcement
purposes.

(a)

Applicability. This section applies

to any operator of an aircraft who op-
erates such aircraft under an approved
Flight Operational Quality Assurance
(FOQA) program.

(b)

Definitions. For the purpose of this

section, the terms—

(1)

Flight Operational Quality Assur-

ance (FOQA) program means an FAA-
approved program for the routine col-
lection and analysis of digital flight
data gathered during aircraft oper-
ations, including data currently col-
lected pursuant to existing regulatory
provisions, when such data is included
in an approved FOQA program.

(2)

FOQA data means any digital

flight data that has been collected
from an individual aircraft pursuant to
an FAA-approved FOQA program, re-
gardless of the electronic format of
that data.

(3)

Aggregate FOQA data means the

summary statistical indices that are
associated with FOQA event cat-
egories, based on an analysis of FOQA
data from multiple aircraft operations.

(c)

Requirements. In order for para-

graph (e) of this section to apply, the
operator must submit, maintain, and
adhere to a FOQA Implementation and
Operation Plan that is approved by the
Administrator and which contains the
following elements:

(1) A description of the operator’s

plan for collecting and analyzing flight
recorded data from line operations on a
routine basis, including identification
of the data to be collected;

(2) Procedures for taking corrective

action that analysis of the data indi-
cates is necessary in the interest of
safety;

(3) Procedures for providing the FAA

with aggregate FOQA data;

(4) Procedures for informing the FAA

as to any corrective action being un-

dertaken pursuant to paragraph (c)(2)
of this section.

(d)

Submission of aggregate data. The

operator will provide the FAA with ag-
gregate FOQA data in a form and man-
ner acceptable to the Administrator.

(e)

Enforcement. Except for criminal

or deliberate acts, the Administrator
will not use an operator’s FOQA data
or aggregate FOQA data in an enforce-
ment action against that operator or
its employees when such FOQA data or
aggregate FOQA data is obtained from
a FOQA program that is approved by
the Administrator.

(f)

Disclosure. FOQA data and aggre-

gate FOQA data, if submitted in ac-
cordance with an order designating the
information as protected under part 193
of this chapter, will be afforded the
nondisclosure protections of part 193 of
this chapter.

(g)

Withdrawal of program approval.

The Administrator may withdraw ap-
proval of a previously approved FOQA
program for failure to comply with the
requirements of this chapter. Grounds
for withdrawal of approval may in-
clude, but are not limited to—

(1) Failure to implement corrective

action that analysis of available FOQA
data indicates is necessary in the inter-
est of safety; or

(2) Failure to correct a continuing

pattern of violations following notice
by the agency; or also

(3) Willful misconduct or willful vio-

lation of the FAA regulations in this
chapter.

[Doc. No. FAA–2000–7554, 66 FR 55048, Oct. 31,
2001; Amdt. 13–30, 67 FR 31401, May 9, 2002]

PART 14—RULES IMPLEMENTING

THE EQUAL ACCESS TO JUSTICE
ACT OF 1980

Subpart A—General Provisions

Sec.
14.01

Purpose of these rules.

14.02

Proceedings covered.

14.03

Eligibility of applicants.

14.04

Standards for awards.

14.05

Allowance fees and expenses.

Subpart B—Information Required From

Applicants

14.10

Contents of application.

14.11

Net worth exhibit.

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