Sec. 13.201 - Applicability.
(a) This subpart applies to the following actions: (1) A civil penalty action in which a complaint has been issued for an amount not exceeding $50,000 for a violation arising under the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301, et seq.), or a rule, regulation, or order issued thereunder. (2) A civil penalty action in which a complaint has been issued for a violation arising under the Federal Aviation Act of 1958, as amended (49 U.S.C. 1471, et seq.) and the Hazardous Materials Transportation Act (49 U.S.C. 1801 et seq.), or a rule, regulation, or order issued thereunder. (b) This subpart applies only to proceedings initiated after September 7, 1988. All other cases, hearings, or other proceedings pending or in progress before September 7, 1988, are not affected by the rules in this subpart. (c) Notwithstanding the provisions of paragraph (a) of this section, the United States district courts shall have exclusive jurisdiction of any civil penalty action initiated by the Administrator: (1) Which involves an amount in controversy in excess of $50,000; (2) Which is an in rem action or in which an in rem action based on the same violation has been brought; (3) Regarding which an aircraft subject to lien has been seized by the United States; and (4) In which a suit for injunctive relief based on the violation giving rise to the civil penalty has also been brought. |