FAA Civil Penalty Administrative Assessment Act of 1992
PL 102-345 (H.R.5481), enacted 08/26/1992

1471. 
PUBLIC LAW 102-345—AUG. 26, 1992 
106 STAT. 923 
Public Law 102-345 
102d Congress 
An Act 
To amend the Federal Aviation Act of 1958 relating to administrative assessment 
Aug. 26, 1992 
of civil penalties. 
[H.R. 5481] 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
E^^P^^^ 
Penalty 
SECTION 1. SHORT TITLE. 
Ai^ssmeS^Act 
This Act may be cited as the "FAA Civil Penalty Administrative of 1992. 
Assessment Act of 1992". 
f 
LV^.^PP 
1301 note. 
SEC. 2. ADMINISTRATIVE ASSESSMENT. 
(a) IN GENERAL.—Section 901(a)(3) of the Federal Aviation Act 
of 1958 (49 U.S.C. 1471(aX3)) is amended to read as follows: 
49 use app. 
"(3) ADMINISTRATIVE ASSESSMENT.— 
"(A) GENERAL AUTHORITY.—^Upon written notice and find-
ing of a violation by the Administrator, the Administrator, 
or the delegate of the Administrator, may assess a civil 
penalty for a violation of title III, V, VI, or XII or section 
1101 or 1115(eX2XB) or any rule, regulation, or order 
issued thereunder. 
"(B) No REEXAMINATION OF LIABIUTY 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 shsdl not be reexamined in any subsequent 
suit for collection of such civil penally. 
"(C) CONTINUING JURISDICTION OF DISTRICT COURTS.— 
Notwithstanding subparagraph (A), the United States dis-
trict courts shall have exclusive jurisdiction of any civil 
penalty 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) PROCEDURES WITH RESPECT TO VIOLATIONS BY PILOTS, 
FLIGHT ENGINEERS, MECHANICS, AND REPAIRMEN.— 
"(i) NOTICE OF CHARGES.—Before issuing an order 
assessing a civil penalty imder this paragraph against 
a person acting in the capacity of a pilot, flight engi-
neer, mechanic, or repairman, the Administrator shall 
advise such person of the charges or any reasons relied 
upon by the Administrator for the proposed action 
and shall provide such person an opportunity to answer 
106 STAT. 924 
PUBLIC LAW 102-345—AUG. 26, 1992 
any charges £ind be heard as to why such order should 
not be issued. 
**(ii) APPEAL TO NTSB.—Any person acting in the 
capacity of a pilot, flight engineer, mechanic, or repair-
man against whom an order assessing a civil penalty 
is issued by the Administrator under this paragrapn 
may appe£U the order to the National Treuisportation 
Safety Board, and the Board shall, after notice and 
a hearing on the record in accordance with section 
554 of title 5, United States Code, affirm, modify, 
or reverse the order of the Administrator. 
"(iii) 
WEIGHT 
AFFORDED 
TO 
FINDINGS 
AND 
INTERPRETATIONS OF FAA.—In the conduct of its hear-
ings under this subparagraph, the National Transpor-
tation Safety Board shall not be bound by any findings 
of fact of the Administrator but shall be bound by 
all validly adopted interpretations of laws and regula-
tions administered by the Federal Aviation Administra-
tion 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 the type of sanctions to 
be imposed from assessment of a civil penalty to 
suspension or revocation of a certificate. 
"(iv) EFFECT OF FILING OF APPEAL.—The filing of 
an appeal of an order of the Administrator with the 
National Transportation Safety Board under this 
subparagraph shall stay the efiTectiveness of the order. 
"(v) 
JUDICIAL 
REVIEW.—^A person 
substantially 
affected by an order of the National Transportation 
Safety Board under this subparagraph or the Adminis-
trator, in any case in which the Administrator deter-
mines that such an order will have a significant 
adverse impact on the implementetion of this Act, may 
obtain judicial review of such order under the provi-
sions of section 1006 of this Act. The Administrator 
shall be a party to all proceedings for judicial review 
under this clause. In any such proceeding, the findings 
of fact of the Board shall be conclusive if supported 
by substantial evidence. 
"(E) PROCEDURES WITH RESPECT TO VIOLATIONS BY OTHER 
PERSONS.— 
"(i) GENERAL PROCEDURES.—^A civil penalty may be 
assessed agsdnst any person (other than a person act-
ing in the capacity of a pilot, flight engineer, mechanic, 
or repairman) by the Administrator under this para-
graph only after notice and an opportunity for a hear-
ing on the record in accordance with section 554 of 
title 5, United Stetes Code. 
"(ii) STANDARD OF REVIEW.—^In any appeal from a 
decision of an administrative law judge, me Adminis-
trator shall consider only the following issues: 
"(I) Whether each finding of fact is supported 
by a preponderance of reliable, probative, and 
substantial evidence. 
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 Assess-
ment Act of 1992. 
"(G) MAXIMUM AMOUNT.—The maximum amoimt 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 per-
son who holds a mechanic certificate issued imder 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 use 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 pubUc 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 
106 STAT. 926 
PUBLIC LAW 102-345—AUG. 26, 1992 
the type of sanction to be imposed from suspension or revocation 
of a certificate to assessment of a civil penalty."; and 
(2) by striking the last sentence and inserting the following: 
"A person substantially affected by an order of the Board under 
this subsection, or the Administrator in any case in which 
the Administrator determines that such an order will have 
a significant adverse impact on the implementation of this 
Act, may obtain judicial review of such order under the provi-
sions of section 1006 of this Act. The Administrator shall be 
a party to all proceedings for judicial review under this sub-
section. In any such proceeding, the findings of fact of the 
Board shall be conclusive if supported by substantial evidence.", 
(b) CONTROLLED SUBSTANCE ACTIVITIES.—Section 609(cX3) of such 
49 use app. 
Act is amended— 
^^^^- 
(1) by striking the third sentence and inserting the following: 
"In the conduct of its hearings under this paragraph, the Board 
shall not be bound by any findings 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."; and 
(2) by striking the last sentence and inserting the following: 
"A person substantially affected by an order of the Board under 
this paragraph, or the Administrator in any case in which 
the Administrator determines that such an order will have 
a significant adverse impact on the implementation of this 
Act, may obtain judicial review of such order under the provi-
sions of section 1006 of this Act. The Administrator shall be 
a party to all proceedings for judicial review under this para-
graph. In any such proceeding, the findings of fact of the 
Board shall be conclusive if supported by substantial evidence.". 
SEC. 4. CONFORMING AMENDMENT TO ISSUANCE OF CERTIFICATE 
PROCEDURE. 
Section 602(b)(1) of the Federal Aviation Act of 1958 (49 U.S.C. 
49 use app. 
1422(bXl)) is amended by inserting "but shall be bound by all 
1422. 
PUBLIC LAW 102-345—AUG. 26, 1992 
106 STAT. 927 
validly adopted interpretations of laws and regulations administered 
by the Federal Aviation Administration unless the Board finds 
that £uiy such interpretation is arbitrary, capricious, or otherwise 
not in accordance with law" after "findings of fact of the Adminis-
trator". 
Approved August 26, 1992. 
LEGISLATIVE HISTORY—H.R. 5481: 
HOUSE REPORTS: No. 102-671 (Comm. on Public Works and Transportation). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Aug. 3, considered and passed House. 
Aug. 12, considered and passed Senate.