T7 B12 Flight 93 Calls- General Fdr- Draft Memo Re Reduction Of Penalties In Airline Security Cases

On January 27, 2004, former FAA Administrator Jane Garvey testified before the National Commission on Terrorist Attacks upon the United States. Commissioner Slade Gorton asked Ms. Garvey why civil penalties against the airlines for violations of the FAA's regulations governing civil aviation security were reduced to 10 cents on the dollar from what was originally proposed. When Ms. Garvey questioned whether that figure was correct, Mr. Gorton stated that he would appreciate a written response to the question later. Civil penalties in security cases against airlines were not reduced to 10% of what was initially sought. For enforcement cases closed during the period from October 1, 1995 through September 30, 2001, the FAA initially sought $58,568,336, and finally imposed $30,713,027 or 52.44%.1 This information was obtained from the FAA's Enforcement Information System. Enforcement cases were resolved for penalties lower than originally sought for a variety of reasons. Some cases were litigated and the penalties were lowered during the appeals process. In other cases, the air carriers presented exonerating or mitigating evidence to the FAA that resulted in penalty reductions.