(b)
Whenever it is determined that there is substantial likelihood that death, serious illness, or severe personal injury, will result from the transportation by air of a particular hazardous material before an order of compliance proceeding, or other administrative hearing or formal proceeding to abate the risk of the harm can be completed, the Chief Counsel, the Assistant Chief Counsel, Enforcement, the AssistantChief Counsel, Regulations, the Assistant Chief Counsel, Europe,Africa, and Middle East Area O.ce, each Regional Counsel, and the Aeronautical Center Counsel may bring, or request the United States Attorney General to bring, an action in the appropriate United States District Court for an order suspending or restricting the transportation by air of the hazardous material or for such other order as is necessary to eliminate or ameliorate the imminent hazard, as provided by section111(b) of theHazardousMaterialsTransportationAct(49U.S.C. 1810).
FAR13.27:Final orderofHearingO.cerincerti.cateof aircraft registration proceedings.
(a)
If, in proceedings under section 501(b) of the Federal Aviation Act of 1958 (49 USC 1401), the Hearing O.cer determines that the holder of the Certi.cate of AircraftRegistrationhasrefused orfailed tosubmitACForm8050-73,asrequired by r47.51 of this chapter, or that the aircraft is ineligible for a Certi.cate of
Aircraft Registration, the Hearing O.cer shall suspend or revoke the respondent’s certi.cate, as proposed in the notice of proposed certi.cate action.
(b)
If the .nal order of the Hearing O.cer makes a decision on the merits, it shall contain a statement of the .ndings and conclusions of law on all material issues of factandlaw.If theHearingO.cer .ndsthattheallegationsof thenoticehavebeen proven,but thatno sanctionis required, theHearingO.cer shall make appropriate .ndings and issue an order terminating the notice. If the Hearing O.cer .nds that the allegations of the noticehave notbeenproven, theHearingO.cer shallissue an orderdismissing thenotice.If theHearingO.cer .ndsittobeequitableandinthe publicinterest,theHearingO.cer shallissue an orderterminating theproceeding upon payment by the respondent of a civil penalty in an amount agreed upon by the parties.
(c)
If the order is issued in writing, it shall be served upon the parties.
FAR 13.29 : Civil penalties : Streamlined enforcement procedures for certain security violations.
This section maybe used, at the agency’sdiscretion,in enforcement actionsinvolving individualspresentingdangerous ordeadlyweaponsfor screening at airports orin checked baggage where the amountoftheproposed civilpenaltyisless than $5,000.In these cases, sections13.16(a),13.16(c), and13.16(f) through(l) ofthis chapter are used, as well as paragraphs(a) through(d) of this section:
(a)
Delegation of authority. The authority of the Administrator, under 49U.S.C. 46301, to initiate the assessment of civil penalties for a violation of 49 U.S.C. Subtitle VII, or a rule, regulation, or order issued thereunder, is delegated to the regional Civil Aviation Security Division Manager and the regional Civil Aviation Security Deputy Division Manager for the purpose of issuing notices of violation in cases involving violations of 49 U.S.C. Subtitle VII and the FAA’s regulations by indivi-dualspresenting dangerousordeadly weaponsfor screening at airport checkpoints or in checked baggage. This authority may not be delegated below the level of the regional Civil Aviation Security Deputy Division Manager.
(b)
Notice of violation. A civilpenalty actionisinitiatedby sending a notice of violation to the person charged with the violation. The notice of violation contains a state-ment of the charges and the amount of the proposed civil penalty. Not later than 30days after receipt of the notice of violation,theperson charged with a violation shall :
(1)
Submit the amount of the proposed civil penalty or an agreed-upon amount, in which case either an order assessing a civil penalty or a compromise order shall be issued in that amount; or
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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(40)
