Page:United States Statutes at Large Volume 102 Part 5.djvu/423

 PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4429

(2) AIRCRAFT.—The term "aircraft" has the meaning such term has under section 101 of the Federal Aviation Act of 1958. SEC. 7208. CIVIL PENALTIES. (a) RELATING TO OWNERSHIP AND REGISTRATION.—Section 901(a)(1)

of the Federal Aviation Act of 1958 (49 U.S.C. App. 1471(a)(l)) is amended by inserting before the period at the end of the first sentence the following: "and for each such violation which relates to registration or recordation of an aircraft under title V". (b) ADMINISTRATIVE ASSESSMENT.—Section 901(a) of such Act (49 U.S.C. App. 1471(a)) is amended by adding at the end thereof the following new paragraph: "(3) ADMINISTRATIVE ASSESSMENT OF CERTAIN REGISTRATION AND RECORDATION VIOLATIONS.— "(A) GENERAL AUTHORITY.—The Administrator, or his

delegate, may assess a civil penalty for a violation of title V, or a rule, regulation, or order issued thereunder, which relates to registration or recordation of an aircraft upon written notice and finding of violation by the Administrator. "(B) N o REXAMINATION OF LIABILITY OR AMOUNT.—In the

case of a civil penalty assessed by the Administrator under this paragraph, the issue of liability or amount of civil penalty shall not be reexamined in any subsequent suit for collection of such civil penalty. "(C) CONTINUING JURISDICTION OF DISTRICT COURTS.—Not-

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withstanding subparagraph (A), the United States district courts shall have exclusive jurisdiction of any civil penalty action initiated by the Administrator— "(i) which involves an amount in controversy in excess of $50,000; "(ii) which is an in rem action or in which an in rem action based on the same violation has been brought; "(iii) regarding which an aircraft subject to lien has been seized by the United States; and "(iv) in which a suit for injunctive relief based on the violation giving rise to the civil penalty has also been brought. "(D) LIMITATIONS.—

"(i) HEARING.—A civil penalty may be assessed by the Administrator under this paragraph only after notice and opportunity for a hearing on the record in accordance with section 554 of title 5, United States Code. "(ii) VIOLATIONS.—This paragraph only applies to civil penalties initiated by the Administrator after the date of the enactment of this paragraph. "(iii) MAXIMUM AMOUNT.—The maximum amount of a civil penalty which may be assessed by the Administrator under this paragraph in any case may not exceed $50,000.". SEC. 7209. CRIMINAL PENALTIES.

(a) IN GENERAL.—Subsection (b) of section 902 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1472) is amended by redesignating paragraph (3) as paragraph (5) and by striking out the subsection

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