The FAA published its Final Rule containing updated civil penalty assessment procedures for those individuals acting as a pilot, flight engineer, mechanic, or repairman, as well as for non-certificated individuals. The revised/new procedures are necessary “because the National Transportation Safety Board now reviews these civil penalty actions and the FAA’s existing rules for civil penalty actions are not sufficiently flexible to adequately address the procedural differences that review in a different forum entails.”
The Final Rule “adopts procedures under a new section of the FAA’s regulations, 14 CFR 13.18, for initiating civil penalty actions adjudicated by the NTSB. It amends existing 14 CFR 13.16 to exclude actions covered under new Sec. 13.18. It adds a new section, 14 CFR 13.14, that lists those provisions that, if violated, may result in a civil penalty being sought or assessed administratively. Section 13.14(c) also states that the amounts of civil penalties are periodically adjusted for inflation under the formula set by Congress in 28 U.S.C. 2461 note. [The FAA] implemented this formula in 14 CFR part 13, subpart H.” The Final Rule makes other clarifying changes to part 13 and it also cites and addresses the comments received in response to the Notice of Proposed Rulemaking (“NPRM”) that was published on August 5, 994.
For further information regarding the revised/new procedures, contact Joyce Redos, Attorney, Enforcement Division (AGC-300), Federal Aviation Administration, 800 Independence Ave., SW., Washington, DC 20591; telephone (202) 267-3137.
