(1)
Anypersonwhoviolatesanyprovisionof titleIII,V,VI, orXII of theFederal Aviation Act of 1958, as amended, or any rule, regulation, or order issued thereunder,is subject to a civilpenalty of not more than the amount speci.ed in the Act for each violation in accordance with section 901 of the Federal AviationAct, of1958, as amended(49U.S.C.1471, et seq.).
(2)
Anyperson who violates section404(d) of the FederalAviationAct of1958, as amended, or any rule, regulation, or order issued thereunder, is subject to a civilpenalty of not morethanthe amount speci.edintheActfor each violation in accordance with section 404(d) or section 901 of the Federal Aviation Act of1958, as amended(49U.S.C.1374,1471, et seq.).
(3)
Any person who operates aircraft for the carriage of persons or property for compensation or hire (other than an airman serving in the capacity of an airman)is subject to a civilpenalty of not morethan $10,000for eachviolation of title III, VI, or XII of the Federal Aviation Act of 1958, as amended, or any rule, regulation, or order issued thereunder, occurring after December 30, 1987, in accordance with section 901 of the Federal Aviation Act of 1958, as amended(49U.S.C.1471, et seq.).
(4)
Any person who knowingly commits an act in violation of the Hazardous Ma-terialsTransportationAct, or any rule, regulation, or orderissued thereunder, is subjectto a civilpenalty of not morethan $10,000for each violationin ac-cordance with section 901 of the Federal Aviation Act of 1958, as amended, and section 110 of the Hazardous Materials Transportation Act (49 U.S.C. 1471 and 1809, et seq.). An order assessing civil penalty for a violation under the Hazardous Materials Transportation Act, or a rule, regulation, or order issued thereunder, will be issued only after consideration of –
(i)
The nature and circumstances of the violation;
(ii)
The extent and gravity of the violation;
(iii) Theperson’sdegree of culpability;
(iv)
The person’s history of prior violations;
(v)
Theperson’s ability topay the civilpenalty;
(vi)
The e.ect ontheperson’s ability to continueinbusiness; and
(vii) Such other matters asjustice may require.
(b)
Order assessing civil penalty. An order assessing civil penalty may be issued for a violation described in paragraph (a) of this section, or as otherwise provided by statute, after notice and opportunity for a hearing. A person charged with a violation may be subject to an order assessing civil penalty in the following circumstances :
(1)
An order assessing civil penalty may be issued if a person charged with a violation submits or agrees to submit a civil penalty for a violation.
(2)
An order assessing civil penalty may be issued if a person charged with a violationdoes not request ahearing underparagraph(e)(2)(ii) of this section within 15 days after receipt of a .nal notice of proposed civil penalty.
(3)
Unless an appeal is .led with the FAA decisionmaker in a timely manner, an initial decision or order of an administrative law judge shall be considered anorderassessing civilpenaltyifanadministrativelawjudge .ndsthatan alleged violation occurred and determines that a civil penalty, in an amount found appropriateby the administrativelawjudge,is warranted.
(4)
Unless a petition for review is .led with a U.S. Court of Appeals in a timely manner, a .nal decision and order of the Administrator shall be considered anorderassessing civilpenaltyif theFAAdecisionmaker .ndsthat analleged violation occurred and a civil penalty is warranted.
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