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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations ii Making an electronic payment according to the directions specified in the notice of proposed civil penalty, the final notice of proposed civil penalty, or the order assessing civil penalty.
2 The civil penalty must be paid within 30 days after service of the order assessing civil penalty, unless otherwise agreed to by the parties. In cases where a hearing is requested, an appeal to the FAA decisionmaker is filed, or a petition for review of the FAA
decisionmakers decision is filed in 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.
m Collection of civil penalties. If an individual does not pay a civil penalty imposed by an order assessing civil penalty or other final order, the Administrator may take action to collect the penalty.
n Compromise. The FAA may compromise the amount of any civil penalty imposed under this section under 49 U.S.C. 5123e, 46301f, or 46318 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 assessing civil penalty.
2 When a civil penalty is compromised without a finding of violation, the agency attorney issues a compromise order that states the following:
i The person has paid a civil penalty or has signed a promissory note providing for installment payments.
ii The FAA makes no finding of a violation.
iii The compromise order will not be used as evidence of a prior violation in any subsequent civil penalty proceeding or certificate action proceeding.
13.17

Seizure of aircraft.

a The Chief Counsel, or a Regional Administrator for an aircraft within the region, may issue an order authorizing a State or Federal law enforcement officer or a Federal Aviation Administration safety inspector to seize an aircraft that is involved in a violation for which a civil penalty may be imposed on its owner or the individual commanding the aircraft.
b Each person seizing an aircraft under this section places it in the nearest available 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
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written notice and a copy of this section to the registered owner of the seized aircraft and to each other person 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 Reasons for the seizure, including the violations alleged or proven to have been 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 for a proven violation.
d The Chief Counsel or Assistant Chief Counsel for Enforcement immediately sends a report to the United States Attorney for the judicial district in which it was seized, requesting the United States 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 when 1 The alleged violator pays a civil penalty or an amount agreed upon in compromise, and the costs of seizing, storing, and maintaining the aircraft;
2 The aircraft is seized under an order of a court of the United States in proceedings in rem initiated under 49
U.S.C. 46305 to enforce a lien against the aircraft;
3 The United States Attorney General, or the delegate of the Attorney General, notifies the FAA that the United States Attorney General, or the delegate of the Attorney General, refuses to institute proceedings in rem under 49
U.S.C. 46305 to enforce a lien against the aircraft; or 4 A bond in the amount and with the sureties prescribed by the Chief Counsel or the Assistant Chief Counsel for Enforcement is deposited, conditioned on payment of the penalty or the compromise amount, and the costs of seizing, storing, and maintaining the aircraft.
13.18 Civil penalties: Administrative assessment against an individual acting as a pilot, flight engineer, mechanic, or repairman.

a General. 1 This section applies to each action in which the FAA seeks to assess a civil penalty by administrative procedures against an individual acting as a pilot, flight engineer, mechanic, or repairman under 49 U.S.C. 46301d5
for a violation listed in 49 U.S.C.
46301d2. This section does not apply to a civil penalty assessed for a violation of 49 U.S.C. chapter 51, or a rule, regulation, or order issued thereunder.
2 Notwithstanding the provisions of paragraph a1 of this section, the U.S.

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district courts have exclusive jurisdiction of any civil penalty action involving an individual acting as a pilot, flight engineer, mechanic, or repairman for violations described in paragraph a1, or under 49 U.S.C. 46301d4, if:
i The amount in controversy is more than $50,000;
ii The action involves an aircraft subject to a lien that has been seized by the government; or iii Another action has been brought for an injunction based on the same violation.
b Definitions. As used in this part, the following definitions apply:
1 Flight engineer means an individual who holds a flight engineer certificate issued under part 63 of this chapter.
2 Individual acting as a pilot, flight engineer, mechanic, or repairman means an individual acting in such capacity, whether or not that individual holds the respective airman certificate issued by the FAA.
3 Mechanic means an individual who holds a mechanic certificate issued under part 65 of this chapter.
4 Pilot means an individual who holds a pilot certificate issued under part 61 of this chapter.
5 Repairman means an individual who holds a repairman certificate issued under part 65 of this chapter.
c Delegation of authority. The authority of the Administrator is delegated to the Chief Counsel and each Deputy Chief Counsel, and the Assistant Chief Counsel for Enforcement, as follows:
1 To initiate and assess civil penalties under 49 U.S.C. 46301d5;
2 To refer cases to the Attorney General of the United States, or the delegate of the Attorney General, for collection of civil penalties; and 3 To compromise the amount of a civil penalty under 49 U.S.C. 46301f.
d Notice of proposed assessment. A
civil penalty action is initiated by sending a notice of proposed assessment to the individual charged with a violation specified in paragraph a of this section. The notice of proposed assessment contains a statement of the charges and the amount of the proposed civil penalty. The individual charged with a violation may do the following:
1 Submit the amount of the proposed civil penalty or an agreedupon amount, in which case either an order of assessment or a compromise order will be issued in that amount.
2 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 a
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