(l)
Compromise. The FAA may compromise any civil penalty action initiated in accor-dance with section 901 and section 905 of the Federal Aviation Act of 1958, as amended, involving an amount in controversy not exceeding $50,000, or any civil penalty action initiated in accordance with section 901 of the Federal Aviation Act of 1958, as amended, and section 110 of the Hazardous Materials Transportation Act, at any time before referring the action to the United States Attorney for collection.
(1)
An agency attorney may compromise any civil penalty action where a person charged with a violation agrees to pay a civil penalty and the FAA agrees to makeno .nding of violation.Pursuanttosuch agreement,acompromiseorder shall be issued, stating :
(i)
The person agrees to pay a civil penalty.
(ii)
The FAA makes no .nding of a violation.
(iii) The compromise order shallnotbe used as evidence of aprior violationin any subsequent civil penalty proceeding or certi.cate action proceeding.
(2)
An agencyattorney may compromise the amount of any civilpenaltyproposed in a notice, assessed in an order, or imposed in a compromise order.
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Elodie Roux. Septembre 2003
Subpart C : Legal Enforcement Actions
FAR 13.17 : Seizure of aircraft.
(a)
Under section 903 of the Federal Aviation Act of 1958 (49 U.S.C. 1473), a State or Federal law enforcement o.cer, or a Federal Aviation Administration safety inspector, authorized in an order of seizure issued by the Regional Administrator of the region, or by the Chief Counsel, may summarily seize an aircraft that is involved in a violation for which a civil penalty may be imposed on its owner or operator.
(b)
Each person seizing an aircraft under this section shall place it in the nearest avai-lable and adequate public storage 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 section, to the registered owner of the seized aircraft, and to each other persons shown by FAA records to have an interest in it, stating the –
(1)
Time, date, and place of seizure;
(2)
Name and address of the custodian of the aircraft;
(3)
Reasonsfor the seizure,including the violationsbelieved, orjudiciallydeter-mined,tohavebeen 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 imposed by a Federal court for a proven violation.
(d)
The Chief Counsel, or the Regional Counsel or Assistant Chief Counsel for the region or area in which an aircraft is seized under this section, immediately sends a reporttotheUnitedStatesDistrictAttorney forthejudicialdistrictin whichit was seized, requesting the District Attorney to institute proceedings to enforce a lien against the aircraft.
(e)
The Regional Administrator or Chief Counsel directs the release of a seized aircraft whenever –
(1)
The alleged violator pays a civil penalty or an amount agreed upon in com-promise, and the costs of seizing, storing, and maintaining the aircraft;
(2)
The aircraft is seized under an order of a Federal Court in proceedings in rem to enforce a lien against the aircraft, or the United States District Attorney forthejudicialdistrict concerned noti.estheFAA thattheDistrictAttorney refuses to institute those proceedings; or
(3)
A bond in the amount and with the sureties prescribed by the Chief Counsel, theRegionalCounsel, or theAssistantChiefCounselisdeposited, conditioned onpayment ofthepenalty, orthe compromise amount, andthe costs of seizing, storing, and maintaining the aircraft.
FAR 13.19 : Certi.cate action.
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本文链接地址：FAA规章 美国联邦航空规章 Federal Aviation Regulations 1(36)
