Page:United States Statutes at Large Volume 108 Part 2.djvu/516

 108 STAT. 1232 PUBLIC LAW 103-272—JULY 5, 1994 41504, 41506, 41510, 41511, 41701, 41702, 41705-41709, 41711, 41712, or 41731-41742, chapter 419, or subchapter II of chapter 421 of this title. (B) a violation of a regulation prescribed or order issued under any provision to which clause (A) of this paragraph applies. (C) a violation of any term of a certificate or permit issued under section 41102, 41103, or 41302 of this title. (D) a violation under subsection (a)(1) of this section related to the transportation of hazardous material. (2) The Secretary shall give written notice of the finding of a violation and the civil penalty under paragraph (1) of this subsection. (d) ADMINISTRATIVE IMPOSITION OF PENALTIES.— (1) In this subsection— (A) "flight engineer" means an individual who holds a flight engineer certificate issued under part 63 of title 14, Code of Federal Regulations. (B) "mechanic" means an individual who holds a mechanic certificate issued under part 65 of title 14, Code of Federal Regulations. (C) "pilot" means an individual who holds a pilot certificate issued under part 61 of title 14, Code of Federal Regulations. (D) "repairman" means an individual who holds a repairman certificate issued under part 65 of title 14, Code of Federal Regulations. (2) The Administrator of the Federal Aviation Administration may impose a civil penalty for a violation of chapter 401 (except sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117), chapter 441 (except section 44109), or section 44701(a) or (b), 44702- 44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912- 44915, 44932-44938, 46302, or 46303 of this title or a regulation prescribed or order issued under any of those provisions. The Administrator shall give written notice of the finding of a violation and the penalty. (3) In a civil action to collect a civil penalty imposed by the Administrator under this subsection, the issues of liability and the amount of the penalty may not be reexamined. (4) Notwithstanding paragraph (2) of this subsection, the district courts of the United States have exclusive jurisdiction of a civil action involving a penalty the Administrator initiates if— (A) the amount in controversy is more than $50,000; (B) the action is in rem or another action in rem based on the same violation has been brought; (C) the action involves an aircraft subject to a lien that has been seized by the Government; or (D) another action has been brought for an injunction based on the same violation. (5)(A) The Administrator may issue an order imposing a penalty under this subsection against an individual acting as a pilot, flight engineer, mechanic, or repairman only after advising the individual of the charges or any reason the Administrator relied on for the proposed penalty and providing the individual an opportunity to answer the charges and be heard about why the order shall not be issued. (B) An individual acting as a pilot, flight engineer, mechanic, or repairman may appeal an order imposing a penalty under this

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