GILBERT JERTBERG, Circuit Judge: This action was instituted by appellant in the District Court to recover from appellee civil penalties in the aggregate amount of $3,000.00, under the provisions of 49 U.S.C.A § 1471(a) of the Federal Aviation Act of 1958, as amended, [49 U.S.C.A §§ 1301 et seq.], for three flights of appellee's aircraft, Boeing B-377 PG which were asserted to have been made in violation of Civil Air Regulation 45.2 [14 C.F.R. 45.2], promulgated by the Federal Aviation Administrator, which reads in pertinent part:
