Page:United States Statutes at Large Volume 106 Part 2.djvu/45

 PUBLIC LAW 102-345—AUG. 26, 1992 106 STAT. 925 "(II) Whether each conclusion of law is made in accordance with applicable law, precedent, and public poHcy. "(Ill) Whether the administrative law judge committed any prejudicial errors that support the appeal, "(iii) TIME FOR COMMENCING PROCEEDING.— Except where good cause exists, a civil penalty action shall not be initiated under this subparagraph after 2 years from the date the violation occurred. "(F) LIMITATION ON APPLICABILITY.— This paragraph only applies to violations occurring on or after the date of the enactment of the FAA Civil Penalty Administrative Assessment Act of 1992. "(G) MAXIMUM AMOUNT.— The maximum amount of a civil penalty which may be assessed by the Administrator or the National Transportation Safety Board under this paragraph may not exceed $50,000. "(H) DEFINITIONS. —In this paragraph, the following definitions apply: "(i) FLIGHT ENGINEER. —The term flight engineer* means a person who holds a flight engineer certificate issued under part 63 of title 14 of the Code of Federal Regulations. " (ii) MECHANIC.— The term 'mechanic' means a person who holds a mechanic certificate issued under part 65 of title 14 of the Code of Federal Regulations. "(iii) PILOT.—The term 'pilot' means a person who holds a pilot certificate issued under part 61 of title 14 of the Code of Federal Regulations. "(iv) REPAIRMAN.—The term 'repairman' means a person who holds a repairman certificate issued under part 65 of title 14 of the Code of Federal Regulations.". (b) REPEAL OF DEMONSTRATION PROGRAM. — Section 905 of such Act (49 U.S.C. App. 1475) is repealed. (c) CONTINUATION OF FORMER PROGRAMS WITH RESPECT TO 49 USC app. PREENACTMENT VIOLATIONS. —Notwithstanding subsections (a) and ^^'^'^ "°*«- (b) of this section, sections 901(a)(3) and 905 of the Federal Aviation Act of 1958 as in effect on July 31, 1992, shall continue in effect on and after such date of enactment with respect to violations of the Federal Aviation Act of 1958 occurring before such date of enactment. SEC. 3. CONFORMING AMENDMENTS TO REVOCATION OF CERTIFI- CATES PROCEDURE. (a) GENERAL AUTHORITY.— Section 609(a) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1429(a)) is amended— (1) by striking the fifth sentence and inserting the following: "In the conduct of its hearings under this subsection, the Board shall not be bound by any fmdings of fact of the Administrator but shall be bound by all validly adopted interpretations of laws and regulations administered by the Federal Aviation Administration and of written agency policy guidance available to the public relating to sanctions to be imposed under this subsection unless the Board finds that any such interpretation is arbitrary, capricious, or otherwise not in accordance with law. The Board may, consistent with this subsection, modify

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