section of the Act is, of course, the situation in which the construction of structures around an airport is proposed. With respect to the merits of the proposal to remove the possibility of criminal penalties and provide for civil penalties in connection with violations of Section 1101, it appears that civil penalties rather than criminal penalties would in fact be sufficient to effect the purposes of Section 1101, especially since the violations in question merely relate to notices required concerning the construction of structures and not to the FAA's authority to actually prevent the construction of structures which would actually interfere with air navigation. Consequently, NBAA has no objection to this provision of the proposed bill. IV. SECTION 1(b)--GRANT OF AUTHORITY TO FAA TO ASSESS CIVIL PENALTIES Section 1(b) of the proposed bill would amend Section 901(a)(1) of the Act, 49 U.S.C. $1471(a)(1), to grant authority to the FAA to assess the civil penalties provided for in Section 901(a)(1). The FAA's analysis of the bill indicates that this section is intended to merely "presèribe a procedure for the assessment of civil penalties This description of the impact of Section 1(b) of the proposed bill is misleading. It is important that it be made clear that the FAA presently has no power to assess civil penalties. As it presently exists Section 901(a)(1) renders a violator subject to ċivil penalties. Section 901(a)(2) also gives the FAA the authority to compromise a civil penalty. If the civil penalty cannot be compromised, the FAA presently has no authority to actually levy the civil penalty or render findings of fact in connection with the underlying violation. It is presently necessary for the FAA to invoke the procedures set out in Section 903(b) of the Act, 49 U.S.C. §1473(b), in order to have a civil penalty actually levied. Under those pro cedures, the FAA forwards the alleged violation to the appropriate Assistant United States Attorney with a request that a complaint be filed in United States District Court. At that point, the Assistant United States Attorney exercises his discretion and decides whether or not to file the complaint. In the District Court, a de novo trial is held and either party has a right to demand a trial by jury on any issue of fact, if the value in controversy exceeds $20.00. At the conclusion of the trial, factual findings are made by either the judge or the jury and a penalty is assessed by the judge. If, as proposed in Section 1(b) of the bill, the FAA is given the power to actually assess civil penalties, the FAA's authority will be greatly expanded at the expense of the members of the public who are charged with violations. Any consideration of the ramifications of the expanded authority granted by Section 1(b) must be accompanied by a reference to the amendment proposed by Section 6(b) of the bill. The amendment proposed by that section provides that the FAA's findings with respect to liability and the appropriate amount of civil penalty are not reviewable in the subsequent suit for collection of the civil penalty. Consequently, if the violator does not avail himself of the newly established right to review by the National Transportation Safety Board (hereinafter "NTSB"), then the FAA's findings of fact are never subject to judicial review. Even if the violator does avail himself of the newly established right to review by the NTSB, the judicial review which can eventually result in the United States Court of Appeals is a quite limited form of review. In a proceeding in the United States Court of Appeals for a review of an order issued by the NTSB, the administrative order will be upheld if it is supported by substantial evidence. In that context, substantial evidence is defined as any evidence which would have allowed a reasonable person to decide the case in the way in which the NTSB decided the case. Consequently, caution should be exercised by the Subcommittee in order to avoid being misled by the FAA on this point. It should be noted that since a trial in District Court would no longer be provided for civil penalties involving amounts under $10,000, the alleged violator's right to a jury trial on issues of fact has been eliminated. This ramification of the bill will be discussed further below under the discussion in reference to Section 5 of the bill. In addition to granting the FAA authority to assess civil penalties, Section 1(b) of the bill also provides for procedures to be followed by the FAA prior to assessing a civil penalty. The proċedures impose a requirement that the FAA give the violator notice and an opportunity to be heard prior to assessment of the penalty. The procedures specify that the opportunity can be satisfied through a written response or through an informal conference. A reading of the analysis of the bill would lead one to believe that these are new and expanded rights which would be afforded to the alleged violator. In fact, this is not the case. Under existing Section 901(a) of the Act, there is no provision requiring that an alleged violator be afforded notice of the charges against him and the right to be heard. The practice of the FAA, however, has always been to issue the alleged violator notice advising him of the charges. The alleged violator is then afforded an opportunity to provide information in answer to the charges. Request for informal conferences are routinely granted by the FAA in accordance with the FAA's present policy. In fact, Section 13.15 of the FAA's Investigative and Enforcement Procedures, 14 C.F.R. $13.15, provides that if a civil penalty is contemplated and it is considered advisable to compromise it, the FAA will send a letter to the person charged with the violation, advising him of the charges, and offering him an opportunity to be heard. Consequently, this provision of the proposed bill requiring notice and a right to be heard adds nothing to the rights already afforded to the alleged violator. Because this provision of the bill unnecessarily expands the FAA's authority and abrogates certain rights previously possessed by the alleged violator, NBAA objects to this provision of the proposed bill. V. SECTION 1(b)--GRANT OF REVIEW AUTHORITY TO NTSB OVER CIVIL PENALTY ACTIONS INVOLVING LESS THAN $10,000. Section 1(b) of the proposed bill would also amend Section 901(a)(1) of the Act, 49 U.S.C. §1471(a)(1), to include language confirming the fact that an alleged violator would be able to appeal the FAA's assessment of a civil penalty to the NTSB as provided in Section 609 of the Act, 49 U.S.C. $1429. The inclusion of this language in Section 901(a) is in the nature of a conforming amendment which parallels Section 5 of the Bill which amends Section 609 of the Act, 49 U.S.C. $1429. review by the NTSB. Section 5 affirmatively provides for Consequently, comment on this provision will be reserved for the discussion which appears below in reference to Section 5 of the bill. VI. SECTION 2--GRANT OF AUTHORITY TO FAA TO COMPROMISE CIVIL PENALTIES Section 2 of the proposed bill would amend Section 901(a)(2) of the Act, 49 U.S.C. $1471(a)(2), to provide that the FAA has authority to compromise civil penalties assessed for the violations of Section 1101 of the Act. As discussed above, in Part III of this statement, the bill would render an individual who violates Section 1101 of the Act or any rule, regulation, or order issued thereunder, subject to a civil penalty. As pointed out by the analysis of the bill, the compromise authority parallels the FAA's existing authority to compromise civil penalties for violations of other provisions of the Act. Since violations of Section 1101 would now give rise to liability for civil penalties, it is only logical to provide the FAA with authority to compromise these civil penalties. Consequently, NBAA has no objection to this section of the proposed bill. VII. SECTION 3--ESTABLISHMENT OF CRIMINAL PENALTIES FOR VIOLATIONS Section 3 of the proposed bill would amend Section 902(a) of the Act, 49 U.S.C. $1472(a), to provide for the imposition of criminal penalties for knowing and willful violations of the provisions of Title VI of the Act, or any order, rule or regulation issued under Title VI. Title VI of the Act is the title which provides for the |