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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations
penalty, or the amount of the penalty, is not warranted by the circumstances.
3 Submit a written request to reduce the proposed civil penalty, stating the amount of reduction and the reasons, and providing any documents supporting a reduction of the proposed civil penalty, including records indicating a financial inability to pay.
4 Submit a written request for an informal conference to discuss the matter with an agency attorney and submit relevant information or documents.
5 Request that an order of assessment be issued so that the individual charged may appeal to the National Transportation Safety Board.
e Failure to respond to notice of proposed assessment. An order of assessment may be issued if the individual charged with a violation fails to respond to the notice of proposed assessment within 15 days after receipt of that notice.
f Order of assessment. An order of assessment, which imposes a civil penalty, may be issued for a violation described in paragraph a of this section after notice and an opportunity to answer any charges and be heard as to why such order should not be issued.
g Appeal. Any individual who receives an order of assessment issued under this section may appeal the order to the National Transportation Safety Board. The appeal stays the effectiveness of the Administrators order.
h Judicial review. A party may seek judicial review only of a final decision and order of the National Transportation Safety Board under 49 U.S.C.
46301d6 and 46110. Neither an initial decision, nor an order issued by an administrative law judge that has not been appealed to the National Transportation Safety Board, nor an order compromising a civil penalty action, may be appealed under any of those sections.
i Compromise. The FAA may compromise any civil penalty imposed under this section at any time before referring the action to the United States Attorney General, or the delegate of the Attorney General, for collection.
1 When a civil penalty is compromised with a finding of violation, an agency attorney issues an order of assessment.
2 When a civil penalty is compromised without a finding of violation, the agency attorney issues a compromise order of assessment that states the following:
i The individual has paid a civil penalty or has signed a promissory note providing for installment payments;

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ii The FAA makes no finding of violation; and iii The compromise order will not be used as evidence of a prior violation in any subsequent civil penalty proceeding or certificate action proceeding.
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 assessment; 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 Safety 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 affirmed 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 The Administrator may issue an order amending, modifying, suspending, or revoking all or part of any type certificate, production certificate, airworthiness certificate, airman certificate, air carrier operating certificate, air navigation facility certificate, or air agency certificate if as a result of a reinspection, reexamination, or other investigation, the Administrator determines that the public interest and safety in air commerce requires it, if a certificate holder has violated an aircraft noise or sonic boom standard or regulation prescribed under 49 U.S.C. 44715a, or if the holder of the certificate is convicted of violating 16 U.S.C. 742j1a.
b The agency attorney will issue a notice before issuing a non-immediately effective order to amend, modify, suspend, or revoke a type certificate, production certificate, airworthiness certificate, airman certificate, air carrier operating certificate, air navigation facility certificate, air agency certificate, or to revoke an aircraft certificate of registration because 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
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simple possession of a controlled substance, by death or imprisonment 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 Administrator 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, suspended, modified, or revoked.
2 In response to a notice of proposed certificate action described in paragraph b1 of this section, the certificate holder or aircraft owner, within 15 days of the date of receipt of the notice, 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 documents and witness statements, demonstrating that a violation of the regulations did not occur or that the proposed 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 documents; or iv Request that an order be issued in accordance with the notice of proposed certificate action so that the certificate 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 operating certificate, air navigation facility certificate, or air agency certificate, a person affected by the immediate effectiveness of the Administrators order may petition the National Transportation Safety Board for a review of the Administrators determination that an emergency exists.
d A person may not petition the National Transportation Safety Board for a review of the Administrators determination that safety in air transportation or air commerce requires the immediate effectiveness of an order where the action is based on the circumstances described in paragraph d1, 2, or 3 of this section.
1 The revocation of an individuals airman certificates for the reasons stated
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