US (United States) Code. Title 49. Subtitle VII: Aviation Programs. Part A. Chapter 463: Penalties

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation

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-CITE-

49 USC CHAPTER 463 - PENALTIES 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 463 - PENALTIES

-HEAD-

CHAPTER 463 - PENALTIES

-MISC1-

Sec.

46301. Civil penalties.

46302. False information.

46303. Carrying a weapon.

46304. Liens on aircraft.

46305. Actions to recover civil penalties.

46306. Registration violations involving aircraft not

providing air transportation.

46307. Violation of national defense airspace.

46308. Interference with air navigation.

46309. Concession and price violations.

46310. Reporting and recordkeeping violations.

46311. Unlawful disclosure of information.

46312. Transporting hazardous material.

46313. Refusing to appear or produce records.

46314. Entering aircraft or airport area in violation of

security requirements.

46315. Lighting violations involving transporting controlled

substances by aircraft not providing air

transportation.

46316. General criminal penalty when specific penalty not

provided.

46317. Criminal penalty for pilots operating in air

transportation without an airman's certificate.

46318. Interference with cabin or flight crew.

AMENDMENTS

2000 - Pub. L. 106-181, title V, Secs. 509(b), 511(b), Apr. 5,

2000, 114 Stat. 141, 142, added items 46317 and 46318.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 47531 of this title.

-End-

-CITE-

49 USC Sec. 46301 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 463 - PENALTIES

-HEAD-

Sec. 46301. Civil penalties

-STATUTE-

(a) General Penalty. - (1) A person is liable to the United

States Government for a civil penalty of not more than $1,000 for

violating -

(A) chapter 401 (except sections 40103(a) and (d), 40105,

40116, and 40117), chapter 411, chapter 413 (except sections

41307 and 41310(b)-(f)), chapter 415 (except sections 41502,

41505, and 41507-41509), chapter 417 (except sections 41703,

41704, 41710, 41713, and 41714), chapter 419, subchapter II or

III of chapter 421, chapter 441 (except section 44109), section

44502(b) or (c), chapter 447 (except sections 44717 and

44719-44723), chapter 449 (except sections 44902, 44903(d),

44904, 44907(a)-(d)(1)(A) and (d)(1)(C)-(f), and 44908), or

section 47107(b) (including any assurance made under such

section) of this title;

(B) a regulation prescribed or order issued under any provision

to which clause (A) of this paragraph applies;

(C) any term of a certificate or permit issued under section

41102, 41103, or 41302 of this title; or

(D) a regulation of the United States Postal Service under this

part.

(2) A person operating an aircraft for the transportation of

passengers or property for compensation (except an airman serving

as an airman) is liable to the Government for a civil penalty of

not more than $10,000 for violating -

(A) chapter 401 (except sections 40103(a) and (d), 40105,

40106(b), 40116, and 40117), section 44502(b) or (c), chapter 447

(except sections 44717-44723), or chapter 449 (except sections

44902, 44903(d), 44904, and 44907-44909) of this title; or

(B) a regulation prescribed or order issued under any provision

to which clause (A) of this paragraph applies.

(3) A civil penalty of not more than $10,000 may be imposed for

each violation under paragraph (1) of this subsection related to -

(A) the transportation of hazardous material;

(B) the registration or recordation under chapter 441 of this

title of an aircraft not used to provide air transportation;

(C) a violation of section 44718(d), relating to the limitation

on construction or establishment of landfills;

(D) a violation of section 44725, relating to the safe disposal

of life-limited aircraft parts; or

(E) a violation of section 41705, relating to discrimination

against handicapped individuals.

(4) A separate violation occurs under this subsection for each

day the violation (other than a violation of section 41715) (!1)

continues or, if applicable, for each flight involving the

violation (other than a violation of section 41715).(!1)

(5) Penalty for diversion of aviation revenues. - The amount of a

civil penalty assessed under this section for a violation of

section 47107(b) of this title (or any assurance made under such

section) or section 47133 of this title may be increased above the

otherwise applicable maximum amount under this section to an amount

not to exceed 3 times the amount of revenues that are used in

violation of such section.

(6) Air service termination notice. - Notwithstanding paragraph

(1), the maximum civil penalty for violating section 41715 (!1)

shall be $5,000 instead of $1,000.

(7) Consumer protection. - Notwithstanding paragraphs (1) and

(4), the maximum civil penalty for violating section 40127 or 41712

(including a regulation prescribed or order issued under such

section) or any other regulation prescribed by the Secretary that

is intended to afford consumer protection to commercial air

transportation passengers, shall be $2,500 for each violation.

(8) Aviation security violations. - Notwithstanding paragraphs

(1) and (2) of this subsection, the maximum civil penalty for

violating chapter 449 or another requirement under this title

administered by the Under Secretary of Transportation for Security

shall be $10,000; except that the maximum civil penalty shall be

$25,000 in the case of a person operating an aircraft for the

transportation of passengers or property for compensation (except

an individual serving as an airman).

(b) Smoke Alarm Device Penalty. - (1) A passenger may not tamper

with, disable, or destroy a smoke alarm device located in a

lavatory on an aircraft providing air transportation or intrastate

air transportation.

(2) An individual violating this subsection is liable to the

Government for a civil penalty of not more than $2,000.

(c) Procedural Requirements. - (1) The Secretary of

Transportation may impose a civil penalty for the following

violations only after notice and an opportunity for a hearing:

(A) a violation of subsection (b) of this section or chapter

411, chapter 413 (except sections 41307 and 41310(b)-(f)),

chapter 415 (except sections 41502, 41505, and 41507-41509),

chapter 417 (except sections 41703, 41704, 41710, 41713, and

41714), chapter 419, subchapter II of chapter 421, or section

44909 of this title.

(B) a violation of a regulation prescribed or order issued

under any provision to which clause (A) of this paragraph

applies.

(C) a violation of any term of a certificate or permit issued

under section 41102, 41103, or 41302 of this title.

(D) a violation under subsection (a)(1) of this section related

to the transportation of hazardous material.

(2) The Secretary shall give written notice of the finding of a

violation and the civil penalty under paragraph (1) of this

subsection.

(d) Administrative Imposition of Penalties. - (1) In this

subsection -

(A) "flight engineer" means an individual who holds a flight

engineer certificate issued under part 63 of title 14, Code of

Federal Regulations.

(B) "mechanic" means an individual who holds a mechanic

certificate issued under part 65 of title 14, Code of Federal

Regulations.

(C) "pilot" means an individual who holds a pilot certificate

issued under part 61 of title 14, Code of Federal Regulations.

(D) "repairman" means an individual who holds a repairman

certificate issued under part 65 of title 14, Code of Federal

Regulations.

(2) The Administrator of the Federal Aviation Administration may

impose a civil penalty for a violation of chapter 401 (except

sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117),

chapter 441 (except section 44109), section 44502(b) or (c),

chapter 447 (except sections 44717 and 44719-44723) or section

46301(b), 46302, 46303, 46318, or 47107(b) (as further defined by

the Secretary under section 47107(l) and including any assurance

made under section 47107(b)) of this title or a regulation

prescribed or order issued under any of those provisions. The Under

Secretary of Transportation for Security may impose a civil penalty

for a violation of chapter 449 (except sections 44902, 44903(d),

44907(a)-(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 44909) or a

regulation prescribed or order issued under such chapter 449. The

Under Secretary or Administrator shall give written notice of the

finding of a violation and the penalty.

(3) In a civil action to collect a civil penalty imposed by the

Under Secretary or Administrator under this subsection, the issues

of liability and the amount of the penalty may not be reexamined.

(4) Notwithstanding paragraph (2) of this subsection, the

district courts of the United States have exclusive jurisdiction of

a civil action involving a penalty the Under Secretary or

Administrator initiates if -

(A) the amount in controversy is more than $50,000;

(B) the action is in rem or another action in rem based on the

same violation has been brought;

(C) the action involves an aircraft subject to a lien that has

been seized by the Government; or

(D) another action has been brought for an injunction based on

the same violation.

(5)(A) The Administrator may issue an order imposing a penalty

under this subsection against an individual acting as a pilot,

flight engineer, mechanic, or repairman only after advising the

individual of the charges or any reason the Administrator relied on

for the proposed penalty and providing the individual an

opportunity to answer the charges and be heard about why the order

shall not be issued.

(B) An individual acting as a pilot, flight engineer, mechanic,

or repairman may appeal an order imposing a penalty under this

subsection to the National Transportation Safety Board. After

notice and an opportunity for a hearing on the record, the Board

shall affirm, modify, or reverse the order. The Board may modify a

civil penalty imposed to a suspension or revocation of a

certificate.

(C) When conducting a hearing under this paragraph, the Board is

not bound by findings of fact of the Administrator but is bound by

all validly adopted interpretations of laws and regulations the

Administrator carries out and of written agency policy guidance

available to the public related to sanctions to be imposed under

this section unless the Board finds an interpretation is arbitrary,

capricious, or otherwise not according to law.

(D) When an individual files an appeal with the Board under this

paragraph, the order of the Administrator is stayed.

(6) An individual substantially affected by an order of the Board

under paragraph (5) of this subsection, or the Administrator when

the Administrator decides that an order of the Board under

paragraph (5) will have a significant adverse impact on carrying

out this part, may obtain judicial review of the order under

section 46110 of this title. The Administrator shall be made a

party to the judicial review proceedings. Findings of fact of the

Board are conclusive if supported by substantial evidence.

(7)(A) The Administrator may impose a penalty on a person (except

an individual acting as a pilot, flight engineer, mechanic, or

repairman) only after notice and an opportunity for a hearing on

the record.

(B) In an appeal from a decision of an administrative law judge

as the result of a hearing under subparagraph (A) of this

paragraph, the Administrator shall consider only whether -

(i) each finding of fact is supported by a preponderance of

reliable, probative, and substantial evidence;

(ii) each conclusion of law is made according to applicable

law, precedent, and public policy; and

(iii) the judge committed a prejudicial error that supports the

appeal.

(C) Except for good cause, a civil action involving a penalty

under this paragraph may not be initiated later than 2 years after

the violation occurs.

(D) In the case of a violation of section 47107(b) of this title

or any assurance made under such section -

(i) a civil penalty shall not be assessed against an

individual;

(ii) a civil penalty may be compromised as provided under

subsection (f); and

(iii) judicial review of any order assessing a civil penalty

may be obtained only pursuant to section 46110 of this title.

(8) The maximum civil penalty the Under Secretary, Administrator,

or Board may impose under this subsection is $50,000.

(9) This subsection applies only to a violation occurring after

August 25, 1992.

(e) Penalty Considerations. - In determining the amount of a

civil penalty under subsection (a)(3) of this section related to

transportation of hazardous material, the Secretary shall consider

-

(1) the nature, circumstances, extent, and gravity of the

violation;

(2) with respect to the violator, the degree of culpability,

any history of prior violations, the ability to pay, and any

effect on the ability to continue doing business; and

(3) other matters that justice requires.

(f) Compromise and Setoff. - (1)(A) The Secretary may compromise

the amount of a civil penalty imposed for violating -

(i) chapter 401 (except sections 40103(a) and (d), 40105,

40116, and 40117), chapter 441 (except section 44109), section

44502(b) or (c), chapter 447 (except sections 44717 and

44719-44723), or chapter 449 (except sections 44902, 44903(d),

44904, 44907(a)-(d)(1)(A) and (d)(1)(C)-(f), 44908, and 44909) of

this title; or

(ii) a regulation prescribed or order issued under any

provision to which clause (i) of this subparagraph applies.

(B) The Postal Service may compromise the amount of a civil

penalty imposed under subsection (a)(1)(D) of this section.

(2) The Government may deduct the amount of a civil penalty

imposed or compromised under this subsection from amounts it owes

the person liable for the penalty.

(g) Judicial Review. - An order of the Secretary or the

Administrator imposing a civil penalty may be reviewed judicially

only under section 46110 of this title.

(h) Nonapplication. - (1) This section does not apply to the

following when performing official duties:

(A) a member of the armed forces of the United States.

(B) a civilian employee of the Department of Defense subject to

the Uniform Code of Military Justice.

(2) The appropriate military authority is responsible for taking

necessary disciplinary action and submitting to the Secretary (or

the Under Secretary of Transportation for Security with respect to

security duties and powers designated to be carried out by the

Under Secretary or the Administrator with respect to aviation

safety duties and powers designated to be carried out by the

Administrator) a timely report on action taken.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1231; Pub. L.

103-305, title I, Sec. 112(c), title II, Sec. 207(c), Aug. 23,

1994, 108 Stat. 1575, 1588; Pub. L. 103-429, Sec. 6(60), Oct. 31,

1994, 108 Stat. 4385; Pub. L. 104-264, title V, Sec. 502(c), title

VIII, Sec. 804(b), title XII, Sec. 1220(b), Oct. 9, 1996, 110 Stat.

3263, 3271, 3286; Pub. L. 104-287, Sec. 5(77), Oct. 11, 1996, 110

Stat. 3396; Pub. L. 105-102, Sec. 3(c)(4), Nov. 20, 1997, 111 Stat.

2215; Pub. L. 106-181, title II, Sec. 222, title V, Secs. 503(c),

504(b), 519(c), title VII, Secs. 707(b), 720, Apr. 5, 2000, 114

Stat. 102, 133, 134, 149, 158, 163; Pub. L. 106-424, Sec. 15, Nov.

1, 2000, 114 Stat. 1888; Pub. L. 107-71, title I, Sec.

140(d)(1)-(4), Nov. 19, 2001, 115 Stat. 642; Pub. L. 107-296, title

XVI, Sec. 1602, Nov. 25, 2002, 116 Stat. 2312.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46301(a) 49 App.:1303 (note). Nov. 18, 1988, Pub. L.

100-690, Sec. 7214, 102

Stat. 4434.

49 App.:1405 (last Aug. 23, 1958, Pub. L.

sentence). 85-726, Sec. 505 (last

sentence), 72 Stat. 774.

49 App.:1471(a)(1) Aug. 23, 1958, Pub. L.

(1st, 2d sentences 85-726, Sec. 901(a)(1)

less subchapter (less title VII), 72 Stat.

VII). 783; restated July 10,

1962, Pub. L. 87-528, Sec.

12, 76 Stat. 149; Aug. 5,

1974, Pub. L. 93-366, Sec.

107, 88 Stat. 414; Jan. 3,

1975, Pub. L. 93-633, Sec.

113(b), 88 Stat. 2162; Oct.

24, 1978, Pub. L. 95-504,

Sec. 35(a), 92 Stat. 1740;

Aug. 8, 1985, Pub. L.

99-83, Sec. 551(b)(2), 99

Stat. 225; Dec. 30, 1987,

Pub. L. 100-223, Sec.

204(a)- (c), 101 Stat.

1519; Nov. 18, 1988, Pub.

L. 100-690, Sec. 7208(a),

102 Stat. 4429.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

46301(b) 49 App.:1374(d)(2). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

404(d)(2); added Dec. 22,

1987, Pub. L. 100-202, Sec.

328(a), 101 Stat. 1329-383.

46301(c) 49 App.:1471(a)(1)

(3d, 5th sentences

less subchapter

VII).

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct.

4, 1984, Pub. L. 98-443,

Sec. 3(e), 98 Stat. 1704.

46301(d)(1) 49 Aug. 23, 1958, Pub. L.

App.:1471(a)(3)(H). 85-726, 72 Stat. 731, Sec.

901(a)(3) (less (D)(v)

(related to Administrator

under title VII)); added

Nov. 18, 1988, Pub. L.

100-690, Sec. 7208(b), 102

Stat. 4429; restated Aug.

26, 1992, Pub. L. 102-345,

Sec. 2(a), 106 Stat. 923;

Oct. 31, 1992, Pub. L.

102-581, Sec. 208, 106

Stat. 4895.

46301(d)(2) 49 App.:1303 (note). Nov. 18, 1988, Pub. L.

100-690, Sec. 7214, 102

Stat. 4434.

49

App.:1471(a)(3)(A).

46301(d)(3) 49

App.:1471(a)(3)(B).

46301(d)(4) 49

App.:1471(a)(3)(C).

46301(d)(5) 49 App.:1471(a)

(3)(D)(i)-(iv).

46301(d)(6) 49 App.:1471(a)

(3)(D)(v) (less

Administrator under

subch. VII).

46301(d)(7) 49

App.:1471(a)(3)(E).

46301(d)(8) 49

App.:1471(a)(3)(G).

46301(d)(9) 49

App.:1471(a)(3)(F).

46301(e) 49 App.:1471(a)(1)

(4th sentence less

subchapter VII).

46301(f) 49 App.:1471(a)(2) Aug. 23, 1958, Pub. L.

(related to 85-726, Sec. 901(a)(2)

subchapter III, V, (related to title III, V,

VI, or XII, Sec. VI, or XII, Sec. 1101,

1501, 1514, or 1114, or 1115(e)(2)(B), and

1515(e)(2)(B), and Postmaster General), 72

Postal Service). Stat. 784; July 10, 1962,

Pub. L. 87-528, Sec. 12, 76

Stat. 150; restated Oct.

24, 1978, Pub. L. 95-504,

Sec. 35(b), 92 Stat. 1740;

Dec. 30, 1987, Pub. L.

100-223, Sec. 204(d), 101

Stat. 1519.

49

App.:1551(b)(1)(E).

46301(g) 49 App.:1471(a)(1)

(6th sentence less

subchapter VII).

49

App.:1551(b)(1)(E).

46301(h) 49 App.:1471(a)(1)

(last sentence less

subchapter VII).

49

App.:1551(b)(1)(E).

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In this section, the word "prescribed" is added for consistency

in the revised title and with other titles of the United States

Code. The words "United States Postal Service" and "Postal Service"

are substituted for "Postmaster General" because of section 4(a) of

the Postal Reorganization Act (Public Law 91-375, 84 Stat. 773).

In subsections (a)(1)(C) and (c), the words "condition, or

limitation" are omitted as surplus.

In subsection (a)(2), before clause (A), the words "occurring

after December 30, 1987" are omitted as obsolete.

In subsection (b)(1), the word "providing" is substituted for

"engaged in" for consistency in the revised title.

In subsection (b)(2), the words "in accordance with section 1471

of this Appendix" are omitted as surplus.

In subsection (c)(1), before clause (A), the words "or his

delegate" are omitted because of 49:322(b). The word "impose" is

substituted for "assessed" for consistency. The words "amount of

any such" are omitted as surplus.

In subsection (d), the word "impose" is substituted for "assess"

for consistency.

In subsection (d)(1), before clause (A), the words "the following

definitions apply" are omitted as surplus.

In subsection (d)(2), the text of section 7214 of the Anti-Drug

Abuse Act of 1988 (Public Law 100-690, 102 Stat 4434) is omitted as

obsolete. The words "or the delegate of the Administrator" are

omitted because of 49:322(b).

In subsection (d)(4)(C), the word "or" is substituted for "and"

for clarity.

In subsection (d)(5)(B) and (7)(A), the words "in accordance with

section 554 of title 5" are omitted for consistency in the revised

title and because 5:554 applies to a hearing on the record unless

otherwise stated.

In subsection (d)(5)(B), the words "consistent with this

subsection" are omitted as surplus.

In subsection (d)(5)(C), the word "Administrator" is substituted

for "Federal Aviation Administration" because of 49:106(b) and (g).

In subsection (d)(7)(B), before clause (i), the words "as the

result of a hearing under subparagraph (A) of this paragraph" are

added for clarity.

In subsection (e), before clause (1), the words "civil penalty

under subsection (a)(3) of this section related to transportation

of hazardous material" are substituted for "such penalty" for

clarity. In clause (1), the word "committed" is omitted as surplus.

In subsection (f)(2), the word "imposed" is substituted for "when

finally determined or fixed by order of the Board" for consistency.

The words "agreed upon" are omitted as surplus.

In subsection (g), the word "imposing" is substituted for

"assessing" for consistency.

In subsection (h)(2), the words "with respect thereto" are

omitted as surplus. The word "Administrator" in section 901(a)(1)

of the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat.

783) is retained on authority of 49:106(g).

PUB. L. 103-429

This amends 49:46301(a)(1)(A) and (2)(A), (c)(1)(A), (d)(2), and

(f)(1)(A)(i) to correct erroneous cross-references.

PUB. L. 104-287, SEC. 5(77)(A) AND (B)

These amend 49:46301(a)(1)(A) and (2)(A) to correct errors in the

codification enacted by section 1 of the Act of July 5, 1994

(Public Law 103-272, 108 Stat. 1231), to include in the

cross-reference sections enacted after the cutoff date for the

codification of title 49 as enacted by section 1 of the Act (Public

Law 103-272, 108 Stat. 745), and to make it easier to include

future sections in the cross-reference by restating it in terms of

chapters.

PUB. L. 104-287, SEC. 5(77)(C)

This makes a conforming amendment to 49:46301(a)(3).

PUB. L. 104-287, SEC. 5(77)(D)-(F)

These amend 49:46301(c)(1)(A), (d)(2), and (f)(1)(A)(i) to

correct errors in the codification enacted by section 1 of the Act

of July 5, 1994 (Public Law 103-272, 108 Stat. 1231), to include in

the cross-reference sections enacted after the cutoff date for the

codification of title 49 as enacted by section 1 of the Act (Public

Law 103-272, 108 Stat. 745), and to make it easier to include

future sections in the cross-reference by restating it in terms of

chapters.

-REFTEXT-

REFERENCES IN TEXT

Section 41715, referred to in subsec. (a)(4), (6), was renumbered

section 41719 of this title and a new section 41715 of this title

was enacted by Pub. L. 106-181, title II, Sec. 231(b), Apr. 5,

2000, 114 Stat. 108.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(8). Pub. L. 107-296 added par. (8).

2001 - Subsec. (d)(2). Pub. L. 107-71, Sec. 140(d)(1)(C),

inserted "Under Secretary or" before "Administrator shall".

Pub. L. 107-71, Sec. 140(d)(1)(B), inserted after first sentence

"The Under Secretary of Transportation for Security may impose a

civil penalty for a violation of chapter 449 (except sections

44902, 44903(d), 44907(a)-(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and

44909) or a regulation prescribed or order issued under such

chapter 449."

Pub. L. 107-71, Sec. 140(d)(1)(A), which directed amendment of

subsec. (d)(2) by striking out ", chapter 449 (except sections

44902, 44903(d), 44907(a)-(d)(1)(A) and (d)(1)(C)-(f), 44908, and

44909),", was executed by striking out ", chapter 449 (except

sections 44902, 44903(d), 44904, 44907(a)-(d)(1)(A) and

(d)(1)(C)-(f), 44908, and 44909)," before "or section 46301(b)", to

reflect the probable intent of Congress.

Subsec. (d)(3), (4). Pub. L. 107-71, Sec. 140(d)(2), substituted

"Under Secretary or Administrator" for "Administrator".

Subsec. (d)(8). Pub. L. 107-71, Sec. 140(d)(3), substituted

"Under Secretary, Administrator," for "Administrator".

Subsec. (h)(2). Pub. L. 107-71, Sec. 140(d)(4), inserted "the

Under Secretary of Transportation for Security with respect to

security duties and powers designated to be carried out by the

Under Secretary or" after "(or".

2000 - Subsec. (a)(1)(A). Pub. L. 106-181, Secs. 519(c), 720(1),

substituted "subchapter II or III of chapter 421" for "subchapter

II of chapter 421" and struck out "46302, 46303, or" before

"47107(b) (including".

Subsec. (a)(3)(C). Pub. L. 106-181, Sec. 503(c), added subpar.

(C).

Subsec. (a)(3)(D), (E). Pub. L. 106-181, Secs. 504(b), 707(b),

added subpars. (D) and (E).

Subsec. (a)(6). Pub. L. 106-181, Sec. 222(b), inserted heading

and realigned margins.

Subsec. (a)(7). Pub. L. 106-181, Sec. 222(a), added par. (7).

Subsec. (d)(2). Pub. L. 106-424 substituted "46301(b), 46302,

46303, 46318," for "46302, 46303,".

Subsec. (d)(7)(A). Pub. L. 106-181, Sec. 720(2), substituted "a

penalty on a person" for "a penalty on an individual".

Subsec. (g). Pub. L. 106-181, Sec. 720(3), inserted "or the

Administrator" after "Secretary".

1997 - Subsecs. (a)(1)(A), (2)(A), (d)(2), (f)(1)(A)(i). Pub. L.

105-102 repealed Pub. L. 104-264, Secs. 502(c), 1220(b). See 1996

Amendment notes below.

1996 - Subsec. (a)(1)(A). Pub. L. 104-287, Sec. 5(77)(A)(iii),

(iv), inserted "or" after "46303," and struck out ", or 41715"

after "under such section)".

Pub. L. 104-287, Sec. 5(77)(A)(ii), substituted "section 44502(b)

or (c), chapter 447 (except sections 44717 and 44719-44723),

chapter 449 (except sections 44902, 44903(d), 44904,

44907(a)-(d)(1)(A) and (d)(1)(C)-(f), and 44908), or section" for

"or any of sections 44701(a) or (b), 44702-44716, 44901, 44903(b)

or (c), 44905, 44906, 44907(d)(1)(B), 44909(a), 44912-44915,

44932-44938,".

Pub. L. 104-287, Sec. 5(77)(A)(i), substituted "chapter 413

(except sections 41307 and 41310(b)-(f)), chapter 415 (except

sections 41502, 41505, and 41507-41509), chapter 417 (except

sections 41703, 41704, 41710, 41713, and 41714)," for "any of

sections 41301-41306, 41308-41310(a), 41501, 41503, 41504, 41506,

41510, 41511, 41701, 41702, 41705-41709, 41711, 41712, or

41731-41742,".

Pub. L. 104-264, Sec. 1220(b), which directed amendment of

subpar. (A) by inserting "44718(d)," after "44716,", was repealed

by Pub. L. 105-102.

Pub. L. 104-264, Sec. 502(c)(1), which directed amendment of

subpar. (A) by inserting "44724," after "44718(d),", was repealed

by Pub. L. 105-102.

Subsec. (a)(2)(A). Pub. L. 104-287, Sec. 5(77)(B), substituted ",

section 44502(b) or (c), chapter 447 (except sections 44717-44723),

or chapter 449 (except sections 44902, 44903(d), 44904, and

44907-44909)" for "or any of sections 44701(a) or (b), 44702-44716,

44901, 44903(b) or (c), 44905, 44906, 44912-44915, or 44932-44938".

Pub. L. 104-264, Sec. 502(c)(2), which directed amendment of

subpar. (A) by inserting "44724," after "44716,", was repealed by

Pub. L. 105-102.

Subsec. (a)(3). Pub. L. 104-287, Sec. 5(77)(C), realigned margins

of subpars. (A) and (B).

Subsec. (a)(5). Pub. L. 104-264, Sec. 804(b), amended par. (5)

generally. Prior to amendment, par. (5) read as follows: "In the

case of a violation of section 47107(b) of this title, the maximum

civil penalty for a continuing violation shall not exceed $50,000."

Subsec. (c)(1)(A). Pub. L. 104-287, Sec. 5(77)(D)(ii), (iii),

struck out "or" before "subchapter II" and inserted ", or section

44909" before "of this title".

Pub. L. 104-287, Sec. 5(77)(D)(i), substituted "chapter 413

(except sections 41307 and 41310(b)-(f)), chapter 415 (except

sections 41502, 41505, and 41507-41509), chapter 417 (except

sections 41703, 41704, 41710, 41713, and 41714)," for "any of

sections 41301-41306, 41308-41310(a), 41501, 41503, 41504, 41506,

41510, 41511, 41701, 41702, 41705-41709, 41711, 41712, or

41731-41742,".

Subsec. (d)(2). Pub. L. 104-287, Sec. 5(77)(E), substituted

"section 44502(b) or (c), chapter 447 (except sections 44717 and

44719-44723), chapter 449 (except sections 44902, 44903(d), 44904,

44907(a)-(d)(1)(A) and (d)(1)(C)-(f), 44908, and 44909), or

section" for "or any of sections 44701(a) or (b), 44702-44716,

44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912-44915,

44932-44938,".

Pub. L. 104-264, Sec. 1220(b), which directed amendment of par.

(2) by inserting "44718(d)," after "44716,", was repealed by Pub.

L. 105-102.

Pub. L. 104-264, Sec. 502(c)(1), which directed amendment of par.

(2) by inserting "44724," after "44718(d),", was repealed by Pub.

L. 105-102.

Subsec. (f)(1)(A)(i). Pub. L. 104-287, Sec. 5(77)(F), substituted

"section 44502(b) or (c), chapter 447 (except sections 44717 and

44719-44723), or chapter 449 (except sections 44902, 44903(d),

44904, 44907(a)-(d)(1)(A) and (d)(1)(C)-(f), 44908, and 44909)" for

"or any of sections 44701(a) or (b), 44702-44716, 44901, 44903(b)

or (c), 44905, 44906, 44907(d)(1)(B), 44912-44915, or 44932-44938".

Pub. L. 104-264, Sec. 1220(b), which directed amendment of cl.

(i) by inserting "44718(d)," after "44716,", was repealed by Pub.

L. 105-102.

Pub. L. 104-264, Sec. 502(c)(1), which directed amendment of cl.

(i) by inserting "44724," after "44718(d),", was repealed by Pub.

L. 105-102.

1994 - Subsec. (a)(1)(A). Pub. L. 103-429, Sec. 6(60)(A),

substituted "any of sections 41301-41306" for "section 41301-41306"

and "any of sections 44701(a)" for "section 44701(a)".

Pub. L. 103-305, Sec. 207(c)(1), inserted ", or 41715" before "of

this title".

Pub. L. 103-305, Sec. 112(c)(1)(A), substituted "46303, 47107(b)

(including any assurance made under such section)" for "or 46303".

Subsec. (a)(2)(A). Pub. L. 103-429, Sec. 6(60)(B), substituted

"any of sections 44701(a)" for "section 44701(a)".

Subsec. (a)(4). Pub. L. 103-305, Sec. 207(c)(2), inserted "(other

than a violation of section 41715)" after "the violation" in two

places.

Subsec. (a)(5). Pub. L. 103-305, Sec. 112(c)(1)(B), added par.

(5).

Subsec. (a)(6). Pub. L. 103-305, Sec. 207(c)(3), added par. (6).

Subsec. (c)(1)(A). Pub. L. 103-429, Sec. 6(60)(C), substituted

"any of sections 41301-41306" for "section 41301-41306".

Subsec. (d)(2). Pub. L. 103-429, Sec. 6(60)(B), substituted "any

of sections 44701(a)" for "section 44701(a)".

Pub. L. 103-305, Sec. 112(c)(2), substituted "46303, or 47107(b)

(as further defined by the Secretary under section 47107(l) and

including any assurance made under section 47107(b))" for "or

46303".

Subsec. (d)(7)(D). Pub. L. 103-305, Sec. 112(c)(3), added subpar.

(D).

Subsec. (f)(1)(A)(i). Pub. L. 103-429, Sec. 6(60)(B), substituted

"any of sections 44701(a)" for "section 44701(a)".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

EFFECTIVE DATE OF 1997 AMENDMENT

Pub. L. 105-102, Sec. 3(c), Nov. 20, 1997, 111 Stat. 2215,

provided that the amendment made by section 3(c)(4) is effective

Oct. 9, 1996.

Amendment by Pub. L. 105-102 effective as if included in the

provisions of the Act to which the amendment relates, see section

3(f) of Pub. L. 105-102, set out as a note under section 106 of

this title.

EFFECTIVE DATE OF 1996 AMENDMENTS

Amendment by Pub. L. 104-287 effective July 5, 1994, see section

8(1) of Pub. L. 104-287, set out as a note under section 5303 of

this title.

Amendment by section 502(c) of Pub. L. 104-264 applicable to any

air carrier hiring an individual as a pilot whose application was

first received by the carrier on or after the 120th day following

Oct. 9, 1996, see section 502(d) of Pub. L. 104-264, set out as a

note under section 30305 of this title.

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

EFFECTIVE DATE OF 1994 AMENDMENTS

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

Amendment by section 207(c) of Pub. L. 103-305 effective Feb. 1,

1995, see section 207(d) of Pub. L. 103-305, set out as an

Effective Date note under section 41719 of this title.

SAVINGS PROVISION

Pub. L. 102-345, Sec. 2(c), Aug. 26, 1992, 106 Stat. 925,

provided that: "Notwithstanding subsections (a) and (b) of this

section, sections 901(a)(3) and 905 of the Federal Aviation Act of

1958 [Pub. L. 85-726] 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."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 1133, 1153, 40109,

41110, 41705, 46304 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

49 USC Sec. 46302 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 463 - PENALTIES

-HEAD-

Sec. 46302. False information

-STATUTE-

(a) Civil Penalty. - A person that, knowing the information to be

false, gives, or causes to be given, under circumstances in which

the information reasonably may be believed, false information about

an alleged attempt being made or to be made to do an act that would

violate section 46502(a), 46504, 46505, or 46506 of this title, is

liable to the United States Government for a civil penalty of not

more than $10,000 for each violation.

(b) Compromise and Setoff. - (1) The Secretary of Transportation

may compromise the amount of a civil penalty imposed under

subsection (a) of this section.

(2) The Government may deduct the amount of a civil penalty

imposed or compromised under this section from amounts it owes the

person liable for the penalty.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1234.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46302(a) 49 App.:1471(c). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

901(c); added Oct. 12, 1984,

Pub. L. 98-473, Sec.

2014(a)(1), 98 Stat. 2189.

46302(b) 49 App.:1471(a)(2) Aug. 23, 1958, Pub. L.

(related to 85-726, Sec. 901(a)(2)

1471(c)). (related to Sec. 901(c)), 72

Stat. 784; July 10, 1962,

Pub. L. 87-528, Sec. 12, 76

Stat. 150; restated Oct. 24,

1978, Pub. L. 95-504, Sec.

35(b), 92 Stat. 1740; Oct.

12, 1984, Pub. L. 98-473,

Sec. 2014(b), 98 Stat. 2189.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

--------------------------------------------------------------------

In subsection (a), the words "gives, or causes to be given" are

substituted for "imparts or conveys or causes to be imparted or

conveyed" to eliminate unnecessary words. The words "attempt or",

"a crime", and "which shall be recoverable in a civil action

brought in the name of the United States" are omitted as surplus.

In subsection (b)(1), the words "imposed under" are substituted

for "provided for in" for consistency.

In subsection (b)(2), the words "imposed or compromised" are

substituted for "The amount of such penalty when finally determined

or fixed by order of the Board, or the amount agreed upon in

compromise" to eliminate unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 46301 of this title.

-End-

-CITE-

49 USC Sec. 46303 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 463 - PENALTIES

-HEAD-

Sec. 46303. Carrying a weapon

-STATUTE-

(a) Civil Penalty. - An individual who, when on, or attempting to

board, an aircraft in, or intended for operation in, air

transportation or intrastate air transportation, has on or about

the individual or the property of the individual a concealed

dangerous weapon that is or would be accessible to the individual

in flight is liable to the United States Government for a civil

penalty of not more than $10,000 for each violation.

(b) Compromise and Setoff. - (1) The Secretary of Transportation

may compromise the amount of a civil penalty imposed under

subsection (a) of this section.

(2) The Government may deduct the amount of a civil penalty

imposed or compromised under this section from amounts it owes the

individual liable for the penalty.

(c) Nonapplication. - This section does not apply to -

(1) a law enforcement officer of a State or political

subdivision of a State, or an officer or employee of the

Government, authorized to carry arms in an official capacity; or

(2) another individual the Administrator of the Federal

Aviation Administration or the Under Secretary of Transportation

for Security by regulation authorizes to carry arms in an

official capacity.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1234; Pub. L.

107-71, title I, Sec. 140(d)(5), Nov. 19, 2001, 115 Stat. 642.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46303(a) 49 App.:1471(d) Aug. 23, 1958, Pub. L.

(words after 3d 85-726, 72 Stat. 731, Sec.

comma). 901(d); added Oct. 12, 1984,

Pub. L. 98-473, Sec.

2014(a)(1), 98 Stat. 2189.

46303(b) 49 App.:1471(a)(2) Aug. 23, 1958, Pub. L.

(related to 85-726, Sec. 901(a)(2)

1471(d)). (related to Sec. 901(d)), 72

Stat. 784; July 10, 1962,

Pub. L. 87-528, Sec. 12, 76

Stat. 150; restated Oct. 24,

1978, Pub. L. 95-504, Sec.

35(b), 92 Stat. 1740; Oct.

12, 1984, Pub. L. 98-473,

Sec. 2014(b), 98 Stat. 2189.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

46303(c) 49 App.:1471(d)

(words before 3d

comma).

--------------------------------------------------------------------

In subsection (a), the words "deadly or" and "which shall be

recoverable in a civil action brought in the name of the United

States" are omitted as surplus.

In subsection (b)(1), the words "imposed under" are substituted

for "provided for in" for consistency.

In subsection (b)(2), the words "imposed or compromised" are

substituted for "The amount of such penalty when finally determined

or fixed by order of the Board, or the amount agreed upon in

compromise" to eliminate unnecessary words.

In subsection (c)(1), the words "State or political subdivision

of a State" are substituted for "municipal or State government" for

consistency in the revised title and with other titles of the

United States Code. The words "or required" are omitted as surplus.

AMENDMENTS

2001 - Subsec. (c)(2). Pub. L. 107-71 inserted "or the Under

Secretary of Transportation for Security" after "Federal Aviation

Administration".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 46301 of this title.

-End-

-CITE-

49 USC Sec. 46304 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 463 - PENALTIES

-HEAD-

Sec. 46304. Liens on aircraft

-STATUTE-

(a) Aircraft Subject to Liens. - When an aircraft is involved in

a violation referred to in section 46301(a)(1)(A)-(C), (2), or (3)

of this title and the violation is by the owner of, or individual

commanding, the aircraft, the aircraft is subject to a lien for the

civil penalty.

(b) Seizure. - An aircraft subject to a lien under this section

may be seized summarily and placed in the custody of a person

authorized to take custody of it under regulations of the Secretary

of Transportation (or the Administrator of the Federal Aviation

Administration with respect to aviation safety duties and powers

designated to be carried out by the Administrator). A report on the

seizure shall be submitted to the Attorney General. The Attorney

General promptly shall bring a civil action in rem to enforce the

lien or notify the Secretary or Administrator that the action will

not be brought.

(c) Release. - An aircraft seized under subsection (b) of this

section shall be released from custody when -

(1) the civil penalty is paid;

(2) a compromise amount agreed on is paid;

(3) the aircraft is seized under a civil action in rem to

enforce the lien;

(4) the Attorney General gives notice that a civil action will

not be brought under subsection (b) of this section; or

(5) a bond (in an amount and with a surety the Secretary or

Administrator prescribes), conditioned on payment of the penalty

or compromise, is deposited with the Secretary or Administrator.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1235.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46304(a) 49 App.:1471(b). Aug. 23, 1958, Pub. L.

85-726, Secs. 901(b),

903(b)(2), (3), 72 Stat.

784, 786.

46304(b) 49 App.:1473(b)(2).

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

46304(c) 49 App.:1473(b)(3).

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

--------------------------------------------------------------------

In this section, the word "civil" is added before "penalty" for

consistency in the revised title and with other titles of the

United States Code.

In subsections (b) and (c), the word "Administrator" in section

902(b)(2) and (3) of the Federal Aviation Act of 1958 (Public Law

85-726, 72 Stat. 786) is retained on authority of 49:106(g). The

words "Attorney General" are substituted for "United States

attorney for the judicial district in which the seizure is made"

and "United States attorney" because of 28:503 and 509.

In subsection (b), the words "report on the seizure" are

substituted for "report of the cause" for clarity. The words "bring

a civil action in rem" are substituted for "institute proceedings"

for clarity and consistency in the revised title and with other

titles of the Code and the Federal Rules of Civil Procedure (28

App. U.S.C.). The words "that the action will not be brought" are

substituted for "of his failure to so act" for clarity.

In subsection (c)(3), the words "under a civil action in rem" are

substituted for "in pursuance of process of any court in

proceedings in rem" to eliminate unnecessary words and for

consistency.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

-End-

-CITE-

49 USC Sec. 46305 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 463 - PENALTIES

-HEAD-

Sec. 46305. Actions to recover civil penalties

-STATUTE-

A civil penalty under this chapter may be collected by bringing a

civil action against the person subject to the penalty, a civil

action in rem against an aircraft subject to a lien for a penalty,

or both. The action shall conform as nearly as practicable to a

civil action in admiralty, regardless of the place an aircraft in a

civil action in rem is seized. However, a party may demand a jury

trial of an issue of fact in an action involving a civil penalty

under this chapter (except a penalty imposed by the Secretary of

Transportation that formerly was imposed by the Civil Aeronautics

Board) if the value of the matter in controversy is more than $20.

Issues of fact tried by a jury may be reexamined only under common

law rules.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1235.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46305 49 App.:1473(b)(1). Aug. 23, 1958, Pub. L.

85-726, Sec. 903(b)(1), 72

Stat. 786; Oct. 24, 1978,

Pub. L. 95-504, Sec. 36, 92

Stat. 1741.

49 App.:1473(b)(4). Aug. 23, 1958, Pub. L.

85-726, Sec. 903(b)(4), 72

Stat. 787.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

--------------------------------------------------------------------

The text of 49 App.:1473(b)(4) is omitted because of 28:ch. 131.

The words "imposed or assessed" are omitted as surplus. The words

"bringing a civil action" are substituted for "proceedings in

personam", the words "civil action in rem" are substituted for

"proceedings in rem", and the words "civil action" are substituted

for "civil suits", for consistency in the revised title and with

other titles of the United States Code and the Federal Rules of

Civil Procedure (28 App. U.S.C.). The words "regardless of the

place an aircraft in a civil action in rem is seized" are

substituted for 49 App.:1473(b)(1) (last sentence) to eliminate

unnecessary words. The word "civil" is added after "involving a"

for clarity. The words "(except a penalty imposed by the Secretary

of Transportation that formerly was imposed by the Civil

Aeronautics Board)" are substituted for "other than those assessed

by the Board" because the Civil Aeronautics Board went out of

existence and its duties and powers were transferred to the

Secretary of Transportation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

-End-

-CITE-

49 USC Sec. 46306 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 463 - PENALTIES

-HEAD-

Sec. 46306. Registration violations involving aircraft not

providing air transportation

-STATUTE-

(a) Application. - This section applies only to aircraft not used

to provide air transportation.

(b) General Criminal Penalty. - Except as provided by subsection

(c) of this section, a person shall be fined under title 18,

imprisoned for not more than 3 years, or both, if the person -

(1) knowingly and willfully forges or alters a certificate

authorized to be issued under this part;

(2) knowingly sells, uses, attempts to use, or possesses with

the intent to use, such a certificate;

(3) knowingly and willfully displays or causes to be displayed

on an aircraft a mark that is false or misleading about the

nationality or registration of the aircraft;

(4) obtains a certificate authorized to be issued under this

part by knowingly and willfully falsifying or concealing a

material fact, making a false, fictitious, or fraudulent

statement, or making or using a false document knowing it

contains a false, fictitious, or fraudulent statement or entry;

(5) owns an aircraft eligible for registration under section

44102 of this title and knowingly and willfully operates,

attempts to operate, or allows another person to operate the

aircraft when -

(A) the aircraft is not registered under section 44103 of

this title or the certificate of registration is suspended or

revoked; or

(B) the owner knows or has reason to know that the other

person does not have proper authorization to operate or

navigate the aircraft without registration for a period of time

after transfer of ownership;

(6) knowingly and willfully operates or attempts to operate an

aircraft eligible for registration under section 44102 of this

title knowing that -

(A) the aircraft is not registered under section 44103 of

this title;

(B) the certificate of registration is suspended or revoked;

or

(C) the person does not have proper authorization to operate

or navigate the aircraft without registration for a period of

time after transfer of ownership;

(7) knowingly and willfully serves or attempts to serve in any

capacity as an airman without an airman's certificate authorizing

the individual to serve in that capacity;

(8) knowingly and willfully employs for service or uses in any

capacity as an airman an individual who does not have an airman's

certificate authorizing the individual to serve in that capacity;

or

(9) operates an aircraft with a fuel tank or fuel system that

has been installed or modified knowing that the tank, system,

installation, or modification does not comply with regulations

and requirements of the Administrator of the Federal Aviation

Administration.

(c) Controlled Substance Criminal Penalty. - (1) In this

subsection, "controlled substance" has the same meaning given that

term in section 102 of the Comprehensive Drug Abuse Prevention and

Control Act of 1970 (21 U.S.C. 802).

(2) A person violating subsection (b) of this section shall be

fined under title 18, imprisoned for not more than 5 years, or

both, if the violation is related to transporting a controlled

substance by aircraft or aiding or facilitating a controlled

substance violation and the transporting, aiding, or facilitating -

(A) is punishable by death or imprisonment of more than one

year under a law of the United States or a State; or

(B) that is provided is related to an act punishable by death

or imprisonment for more than one year under a law of the United

States or a State related to a controlled substance (except a law

related to simple possession of a controlled substance).

(3) A term of imprisonment imposed under paragraph (2) of this

subsection shall be served in addition to, and not concurrently

with, any other term of imprisonment imposed on the individual.

(d) Seizure and Forfeiture. - (1) The Administrator of Drug

Enforcement or the Commissioner of Customs may seize and forfeit

under the customs laws an aircraft whose use is related to a

violation of subsection (b) of this section, or to aid or

facilitate a violation, regardless of whether a person is charged

with the violation.

(2) An aircraft's use is presumed to have been related to a

violation of, or to aid or facilitate a violation of -

(A) subsection (b)(1) of this section if the aircraft

certificate of registration has been forged or altered;

(B) subsection (b)(3) of this section if there is an external

display of false or misleading registration numbers or country of

registration;

(C) subsection (b)(4) of this section if -

(i) the aircraft is registered to a false or fictitious

person; or

(ii) the application form used to obtain the aircraft

certificate of registration contains a material false

statement;

(D) subsection (b)(5) of this section if the aircraft was

operated when it was not registered under section 44103 of this

title; or

(E) subsection (b)(9) of this section if the aircraft has a

fuel tank or fuel system that was installed or altered -

(i) in violation of a regulation or requirement of the

Administrator of the Federal Aviation Administration; or

(ii) if a certificate required to be issued for the

installation or alteration is not carried on the aircraft.

(3) The Administrator of the Federal Aviation Administration, the

Administrator of Drug Enforcement, and the Commissioner shall agree

to a memorandum of understanding to establish procedures to carry

out this subsection.

(e) Relationship to State Laws. - This part does not prevent a

State from establishing a criminal penalty, including providing for

forfeiture and seizure of aircraft, for a person that -

(1) knowingly and willfully forges or alters an aircraft

certificate of registration;

(2) knowingly sells, uses, attempts to use, or possesses with

the intent to use, a fraudulent aircraft certificate of

registration;

(3) knowingly and willfully displays or causes to be displayed

on an aircraft a mark that is false or misleading about the

nationality or registration of the aircraft; or

(4) obtains an aircraft certificate of registration from the

Administrator of the Federal Aviation Administration by -

(A) knowingly and willfully falsifying or concealing a

material fact;

(B) making a false, fictitious, or fraudulent statement; or

(C) making or using a false document knowing it contains a

false, fictitious, or fraudulent statement or entry.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1235; Pub. L.

104-287, Sec. 5(78), Oct. 11, 1996, 110 Stat. 3397.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46306(a) 49 App.:1303 (note). Nov. 18, 1988, Pub. L.

100-690, Sec. 7214, 102

Stat. 4434.

46306(b) 49 App.:1472(b)(1), Aug. 23, 1958, Pub. L.

(2) (1st sentence 85-726, Sec. 902(b)(1)-(4),

cl. (A)). 72 Stat. 784; Oct. 19, 1984,

Pub. L. 98-499, Sec. 6, 98

Stat. 2316; restated Nov.

18, 1988, Pub. L. 100-690,

Sec. 7209(a), 102 Stat. 4429.

46306(c)(1) 49 App.:1472(b)(4).

46306(c)(2) 49 App.:1472(b)(2)

(1st sentence cl.

(B)).

46306(c)(3) 49 App.:1472(b)(2)

(last sentence).

46306(d) 49 App.:1472(b)(3).

46306(e) 49 App.:1472(b)(5). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

902(b)(5); added Oct. 27,

1986, Pub. L. 99-570, Sec.

3401(a)(1), 100 Stat.

3207-99; Nov. 18, 1988, Pub.

L. 100-690, Sec. 7209(a),

(b)(1), 102 Stat. 4429, 4432.

--------------------------------------------------------------------

In subsections (b)(9), (d), and (e), the word "Administrator" in

section 902(b) of the Federal Aviation Act of 1958 (Public Law

85-726, 72 Stat. 784) is retained on authority of 49:106(g).

In subsection (b), before clause (1), the words "Except as

provided by subsection (c) of this section" are added for clarity.

The words "It shall be unlawful for any person" and "upon

conviction" are omitted as surplus. The words "fined under title

18" are substituted for "a fine of not more than $15,000" for

consistency with title 18. In clause (1), the words "counterfeit"

and "falsely make" are omitted as surplus. In clause (4), the words

"covering up", "representation", and "writing" are omitted as

surplus. In clause (7), the word "valid" is omitted as surplus.

In subsection (c)(2), before clause (A), the words "fined under

title 18" are substituted for "a fine of not more than $25,000" for

consistency with title 18.

In subsection (d)(1) and (3), the words "Administrator of Drug

Enforcement" are substituted for "Drug Enforcement Administration

of the Department of Justice" and "Drug Enforcement Administration"

because of section 5(a) of Reorganization Plan No. 2 of 1973 (eff.

July 1, 1973, 87 Stat. 1092). The words "Commissioner of Customs"

and "Commissioner" are substituted for "United States Customs

Service" because of 19:2071.

In subsection (d)(2)(A), the words "aircraft certificate of

registration" are substituted for "registration" for consistency in

this section. The words "counterfeited" and "falsely made" are

omitted as surplus.

In subsections (d)(2)(C)(ii) and (e), the words "aircraft

certificate of registration" are substituted for "aircraft

registration certificate" for consistency with 49 App.:1401,

restated in chapter 441 of the revised title.

In subsection (e), before clause (1), the words "this subsection

or in any other provision of" are omitted as surplus. In clause

(1), the words "counterfeits" and "falsely makes" are omitted as

surplus. In clause (4)(A), the words "covering up" are omitted as

surplus. In clause (4)(B), the words "or representation" are

omitted as surplus. In clause (4)(C), the words "writing or" are

omitted as surplus.

PUB. L. 104-287

This makes a clarifying amendment to 49:46306(c)(2)(B).

AMENDMENTS

1996 - Subsec. (c)(2)(B). Pub. L. 104-287 inserted "that is"

before "provided".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-287 effective July 5, 1994, see section

8(1) of Pub. L. 104-287, set out as a note under section 5303 of

this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 44936, 46317 of this

title.

-End-

-CITE-

49 USC Sec. 46307 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 463 - PENALTIES

-HEAD-

Sec. 46307. Violation of national defense airspace

-STATUTE-

A person that knowingly or willfully violates section 40103(b)(3)

of this title or a regulation prescribed or order issued under

section 40103(b)(3) shall be fined under title 18, imprisoned for

not more than one year, or both.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1237.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46307 49 App.:1523. Aug. 23, 1958, Pub. L.

85-726, Sec. 1203, 72 Stat.

800.

--------------------------------------------------------------------

The words "In addition to the penalties otherwise provided for by

this chapter" are omitted as surplus. The word "prescribed" is

added for consistency in the revised title. The words "fined under

title 18" are substituted for "a fine of not exceeding $10,000",

and the words "shall be deemed guilty of a misdemeanor" are

omitted, for consistency with title 18. The words "and upon

conviction thereof" and "such fine and imprisonment" are omitted as

surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

-End-

-CITE-

49 USC Sec. 46308 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 463 - PENALTIES

-HEAD-

Sec. 46308. Interference with air navigation

-STATUTE-

A person shall be fined under title 18, imprisoned for not more

than 5 years, or both, if the person -

(1) with intent to interfere with air navigation in the United

States, exhibits in the United States a light or signal at a

place or in a way likely to be mistaken for a true light or

signal established under this part or for a true light or signal

used at an air navigation facility;

(2) after a warning from the Administrator of the Federal

Aviation Administration, continues to maintain a misleading light

or signal; or

(3) knowingly interferes with the operation of a true light or

signal.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1238.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46308 49 App.:1472(c). Aug. 23, 1958, Pub. L.

85-726, Sec. 902(c), 72

Stat. 784.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

--------------------------------------------------------------------

In this section, before clause (1), the words "fined under title

18" are substituted for "a fine of not exceeding $5,000" for

consistency with title 18. The words "such fine and imprisonment"

are omitted as surplus. In clause (1), the words "used at" are

substituted for "in connection with" for clarity. The words

"airport or other" are omitted as being included in the definition

of "air navigation facility" in section 40102(a) of the revised

title. In clause (2), the word "due" is omitted as surplus. The

word "Administrator" in section 902(c) of the Federal Aviation Act

of 1958 (Public Law 85-726, 72 Stat. 784) is retained on authority

of 49:106(g). In clause (3), the words "removes, extinguishes, or"

are omitted as surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 44936 of this title.

-End-

-CITE-

49 USC Sec. 46309 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 463 - PENALTIES

-HEAD-

Sec. 46309. Concession and price violations

-STATUTE-

(a) Criminal Penalty for Offering, Granting, Giving, or Helping

To Obtain Concessions and Lower Prices. - An air carrier, foreign

air carrier, ticket agent, or officer, agent, or employee of an air

carrier, foreign air carrier, or ticket agent shall be fined under

title 18 if the air carrier, foreign air carrier, ticket agent,

officer, agent, or employee -

(1) knowingly and willfully offers, grants, or gives, or causes

to be offered, granted, or given, a rebate or other concession in

violation of this part; or

(2) by any means knowingly and willfully assists, or willingly

allows, a person to obtain transportation or services subject to

this part at less than the price lawfully in effect.

(b) Criminal Penalty for Receiving Rebates, Privileges, and

Facilities. - A person shall be fined under title 18 if the person

by any means -

(1) knowingly and willfully solicits, accepts, or receives a

rebate of a part of a price lawfully in effect for the foreign

air transportation of property, or a service related to the

foreign air transportation; or

(2) knowingly solicits, accepts, or receives a privilege or

facility related to a matter the Secretary of Transportation

requires be specified in a currently effective tariff applicable

to the foreign air transportation of property.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1238.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46309(a) 49 App.:1472(d)(1). Aug. 23, 1958, Pub. L.

85-726, Sec. 902(d)(1), 72

Stat. 785; Jan. 3, 1975, Pub

L. 93-623, Sec. 8(b), 88

Stat. 2105.

46309(b) 49 App.:1472(d)(2). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

902(d)(2); added Jan. 3,

1975, Pub. L. 93-623, Sec.

8(b), 88 Stat. 2106.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

--------------------------------------------------------------------

In this section, the words "fined under title 18" are substituted

for "a fine of not less than $100 and not more than $5,000" and

"fined not less than $100, nor more than $5,000" for consistency

with title 18. The words "for each offense" are omitted as surplus.

The words "fares, or charges" are omitted as surplus because of the

definition of "rate" in section 40102(a) of the revised title.

In subsection (a), before clause (1), the word "representative"

is omitted as surplus. The words "shall be deemed guilty of a

misdemeanor" are omitted as superseded by 18:3559. The words "and,

upon conviction thereof" are omitted as surplus. In clause (2), the

words "device or" and "suffer or" are omitted as surplus.

In subsection (b), before clause (1), the words "by any means"

are substituted for "in any manner or by any device" for

consistency in this section and to eliminate unnecessary words. In

clauses (1) and (2), the word "foreign" is added for clarity

because only foreign air transportation has regulated prices. In

clause (1), the word "rebate" is substituted for "refund or

remittance" for consistency in this section. In clause (2), the

word "favor" is omitted as being included in "privilege".

-End-

-CITE-

49 USC Sec. 46310 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 463 - PENALTIES

-HEAD-

Sec. 46310. Reporting and recordkeeping violations

-STATUTE-

(a) General Criminal Penalty. - An air carrier or an officer,

agent, or employee of an air carrier shall be fined under title 18

for intentionally -

(1) failing to make a report or keep a record under this part;

(2) falsifying, mutilating, or altering a report or record

under this part; or

(3) filing a false report or record under this part.

(b) Safety Regulation Criminal Penalty. - An air carrier or an

officer, agent, or employee of an air carrier shall be fined under

title 18, imprisoned for not more than 5 years, or both, for

intentionally falsifying or concealing a material fact, or inducing

reliance on a false statement of material fact, in a report or

record under section 44701(a) or (b) or any of sections 44702-44716

of this title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1238; Pub. L.

103-429, Sec. 6(56), Oct. 31, 1994, 108 Stat. 4385.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46310 49 App.:1472(e). Aug. 23, 1958, Pub. L.

85-726, Sec. 902(e), 72

Stat. 785; restated Sept.

30, 1987, Pub. L. 100-121,

101 Stat. 792.

--------------------------------------------------------------------

In this section, the word "representative" is omitted as surplus.

The words "account" and "memorandum" are omitted as being included

in "record".

In subsection (a), before clause (1), the words "fined under

title 18" are substituted for "fined not more than $5,000 in the

case of an individual and not more than $10,000 in the case of a

person other than an individual" for consistency in this section

and with title 18.

In subsection (b), the words "or representation" are omitted a

surplus.

PUB. L. 103-429

This amends 49:44711(a)(2)(B), (5), and (7) and 46310(b) to

correct erroneous cross-references.

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-429 inserted "any of sections"

before "44702-44716".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

-End-

-CITE-

49 USC Sec. 46311 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 463 - PENALTIES

-HEAD-

Sec. 46311. Unlawful disclosure of information

-STATUTE-

(a) Criminal Penalty. - The Secretary of Transportation, the

Under Secretary of Transportation for Security with respect to

security duties and powers designated to be carried out by the

Under Secretary, the Administrator of the Federal Aviation

Administration with respect to aviation safety duties and powers

designated to be carried out by the Administrator, or an officer or

employee of the Secretary, Under Secretary, or Administrator shall

be fined under title 18, imprisoned for not more than 2 years, or

both, if the Secretary, Under Secretary, Administrator, officer, or

employee knowingly and willfully discloses information that -

(1) the Secretary, Under Secretary, Administrator, officer, or

employee acquires when inspecting the records of an air carrier;

or

(2) is withheld from public disclosure under section 40115 of

this title.

(b) Nonapplication. - Subsection (a) of this section does not

apply if -

(1) the officer or employee is directed by the Secretary, Under

Secretary, or Administrator to disclose information that the

Secretary, Under Secretary, or Administrator had ordered

withheld; or

(2) the Secretary, Under Secretary, Administrator, officer, or

employee is directed by a court of competent jurisdiction to

disclose the information.

(c) Withholding Information From Congress. - This section does

not authorize the Secretary, Under Secretary, or Administrator to

withhold information from a committee of Congress authorized to

have the information.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1239; Pub. L.

107-71, title I, Sec. 140(d)(6), Nov. 19, 2001, 115 Stat. 642.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46311(a), 49 App.:1472(f) Aug. 23, 1958, Pub. L.

(b) (words before 85-726, Sec. 902(f), 72

proviso). Stat. 785.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

46311(c) 49 App.:1472(f)

(proviso).

49

App.:1551(b)(1)(E).

49 App.:1655(c)(1).

--------------------------------------------------------------------

In this section, the word "Administrator" in section 902(f) of

the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 785)

is retained on authority of 49:106(g).

In subsection (a), before clause (1), the words "fined under

title 18" are substituted for "a fine of not more than $5,000" for

consistency with title 18. The words "upon conviction thereof be

subject for each offense" are omitted as surplus. The words "any

fact or" are omitted as being included in "information". In clause

(1), the words "the Secretary, Administrator, officer, or employee

acquires" are substituted for "may come to his knowledge" for

clarity and consistency.

In subsection (b)(2), the words "or a judge thereof" are omitted

as surplus.

In subsection (c), the word "duly" is omitted as surplus.

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-71, Sec. 140(d)(6), in

introductory provisions, inserted "the Under Secretary of

Transportation for Security with respect to security duties and

powers designated to be carried out by the Under Secretary," after

"Transportation," and "Under Secretary," after "Secretary," and

substituted ", Under Secretary, or Administrator" for "or

Administrator".

Subsec. (a)(1). Pub. L. 107-71, Sec. 140(d)(6)(B) inserted "Under

Secretary," after "Secretary,".

Subsec. (b)(1). Pub. L. 107-71, Sec. 140(d)(6)(C), substituted ",

Under Secretary, or Administrator" for "or Administrator" in two

places.

Subsec. (b)(2). Pub. L. 107-71, Sec. 140(d)(6)(B) inserted "Under

Secretary," after "Secretary,".

Subsec. (c). Pub. L. 107-71, Sec. 140(d)(6)(C), substituted ",

Under Secretary, or Administrator" for "or Administrator".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

-End-

-CITE-

49 USC Sec. 46312 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 463 - PENALTIES

-HEAD-

Sec. 46312. Transporting hazardous material

-STATUTE-

(a) In General. - A person shall be fined under title 18,

imprisoned for not more than 5 years, or both, if the person, in

violation of a regulation or requirement related to the

transportation of hazardous material prescribed by the Secretary of

Transportation under this part -

(1) willfully delivers, or causes to be delivered, property

containing hazardous material to an air carrier or to an operator

of a civil aircraft for transportation in air commerce; or

(2) recklessly causes the transportation in air commerce of the

property.

(b) Knowledge of Regulations. - For purposes of subsection (a),

knowledge by the person of the existence of a regulation or

requirement related to the transportation of hazardous material

prescribed by the Secretary under this part is not an element of an

offense under this section but shall be considered in mitigation of

the penalty.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1239; Pub. L.

106-181, title V, Sec. 507, Apr. 5, 2000, 114 Stat. 140.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46312 49 App.:1472(h)(2). Aug. 23, 1958, Pub. L.

85-726, Sec. 902(h)(2), 72

Stat. 785; restated Jan. 3,

1975, Pub. L. 93-633, Sec.

113(c), 88 Stat. 2162.

--------------------------------------------------------------------

In this section, before clause (1), the words "is guilty of an

offense", "Upon conviction", and "for each offense" are omitted as

surplus. The words "fined under title 18" are substituted for "a

fine of not more than $25,000" for consistency with title 18. The

word "prescribed" is substituted for "issued" for consistency in

the revised title and with other titles of the United States Code.

In clause (1), the words "shipment, baggage, or other" are omitted

as surplus.

AMENDMENTS

2000 - Pub. L. 106-181 designated existing provisions as subsec.

(a), inserted heading, and added subsec. (b).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 44936 of this title; title

18 section 3663.

-End-

-CITE-

49 USC Sec. 46313 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 463 - PENALTIES

-HEAD-

Sec. 46313. Refusing to appear or produce records

-STATUTE-

A person not obeying a subpena or requirement of the Secretary of

Transportation (or the Under Secretary of Transportation for

Security with respect to security duties and powers designated to

be carried out by the Under Secretary or the Administrator of the

Federal Aviation Administration with respect to aviation safety

duties and powers designated to be carried out by the

Administrator) to appear and testify or produce records shall be

fined under title 18, imprisoned for not more than one year, or

both.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1239; Pub. L.

107-71, title I, Sec. 140(d)(7), Nov. 19, 2001, 115 Stat. 642.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46313 49 App.:1472(g). Aug. 23, 1958, Pub. L.

85-726, Sec. 902(g), 72

Stat. 785.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

--------------------------------------------------------------------

The word "Administrator" in section 902(g) of the Federal

Aviation Act of 1958 (Public Law 85-726, 72 Stat. 785) is retained

on authority of 49:106(g). The words "not obeying" are substituted

for "who shall neglect or refuse . . . or to answer any lawful

inquiry . . . in obedience to" to eliminate surplus words. The word

"lawful" is omitted as surplus. The word "appear" is substituted

for "attend" for clarity. The word "records" is substituted for

"books, papers, or documents" for consistency in the revised title

and with other titles of the United States Code. The words "if in

his power to do so" are omitted as surplus. The words "shall be

guilty of a misdemeanor" are omitted for consistency with title 18.

The words "and, upon conviction thereof" are omitted as surplus.

The words "fined under title 18" are substituted for "a fine of not

less than $100 nor more than $5,000" for consistency with title 18.

AMENDMENTS

2001 - Pub. L. 107-71 inserted "the Under Secretary of

Transportation for Security with respect to security duties and

powers designated to be carried out by the Under Secretary or"

after "(or".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

-End-

-CITE-

49 USC Sec. 46314 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 463 - PENALTIES

-HEAD-

Sec. 46314. Entering aircraft or airport area in violation of

security requirements

-STATUTE-

(a) Prohibition. - A person may not knowingly and willfully

enter, in violation of security requirements prescribed under

section 44901, 44903(b) or (c), or 44906 of this title, an aircraft

or an airport area that serves an air carrier or foreign air

carrier.

(b) Criminal Penalty. - (1) A person violating subsection (a) of

this section shall be fined under title 18, imprisoned for not more

than one year, or both.

(2) A person violating subsection (a) of this section with intent

to commit, in the aircraft or airport area, a felony under a law of

the United States or a State shall be fined under title 18,

imprisoned for not more than 10 years, or both.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1239.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46314 49 App.:1472(r). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

902(r); added Dec. 30, 1987,

Pub. L. 100-223, Sec.

204(f)(2), 101 Stat. 1520.

--------------------------------------------------------------------

In subsection (b), the words "fined under title 18" are

substituted for "a fine not to exceed $1,000" and "a fine not to

exceed $10,000" for consistency with title 18.

In subsection (b)(1), the words "Upon conviction" are omitted as

surplus.

In subsection (b)(2), the words "airport area" are substituted

for "secured area" for consistency in this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 44936 of this title;

title 18 section 2333; title 28 section 538.

-End-

-CITE-

49 USC Sec. 46315 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 463 - PENALTIES

-HEAD-

Sec. 46315. Lighting violations involving transporting controlled

substances by aircraft not providing air transportation

-STATUTE-

(a) Application. - This section applies only to aircraft not used

to provide air transportation.

(b) Criminal Penalty. - A person shall be fined under title 18,

imprisoned for not more than 5 years, or both, if -

(1) the person knowingly and willfully operates an aircraft in

violation of a regulation or requirement of the Administrator of

the Federal Aviation Administration related to the display of

navigation or anticollision lights;

(2) the person is knowingly transporting a controlled substance

by aircraft or aiding or facilitating a controlled substance

offense; and

(3) the transporting, aiding, or facilitating -

(A) is punishable by death or imprisonment for more than one

year under a law of the United States or a State; or

(B) is provided in connection with an act punishable by death

or imprisonment for more than one year under a law of the

United States or a State related to a controlled substance

(except a law related to simple possession of a controlled

substance).

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1240.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46315(a) 49 App.:1303 (note). Nov. 18, 1988, Pub. L.

100-690, Sec. 7214, 102

Stat. 4434.

46315(b) 49 App.:1472(q). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

902(q); added Oct. 19, 1984,

Pub. L. 98-499, Sec. 5(a),

98 Stat. 2315; restated Oct.

27, 1986, Pub. L. 99-570,

Sec. 3401(b)(1), 100 Stat.

3207-100; Nov. 18, 1988,

Pub. L. 100-690, Sec.

7209(c)(1), (2)(A), 102

Stat. 4432.

--------------------------------------------------------------------

In subsection (b), before clause (1), the words "fined under

title 18" are substituted for "a fine not exceeding $25,000" for

consistency with title 18. In clause (2), the word "knowingly" is

substituted for "and with knowledge of such act" to eliminate

unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 44936 of this title.

-End-

-CITE-

49 USC Sec. 46316 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 463 - PENALTIES

-HEAD-

Sec. 46316. General criminal penalty when specific penalty not

provided

-STATUTE-

(a) Criminal Penalty. - Except as provided by subsection (b) of

this section, when another criminal penalty is not provided under

this chapter, a person that knowingly and willfully violates this

part, a regulation prescribed or order issued by the Secretary of

Transportation (or the Under Secretary of Transportation for

Security with respect to security duties and powers designated to

be carried out by the Under Secretary or the Administrator of the

Federal Aviation Administration with respect to aviation safety

duties and powers designated to be carried out by the

Administrator) under this part, or any term of a certificate or

permit issued under section 41102, 41103, or 41302 of this title

shall be fined under title 18. A separate violation occurs for each

day the violation continues.

(b) Nonapplication. - Subsection (a) of this section does not

apply to chapter 401 (except sections 40103(a) and (d), 40105,

40116, and 40117), chapter 441 (except section 44109), chapter 445,

chapter 447 (except section 44718(a)), and chapter 449 (except

sections 44902, 44903(d), 44904, and 44907-44909) of this title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1240; Pub. L.

104-287, Sec. 5(79), Oct. 11, 1996, 110 Stat. 3397; Pub. L.

105-102, Sec. 3(d)(1)(D), Nov. 20, 1997, 111 Stat. 2215; Pub. L.

107-71, title I, Sec. 140(d)(7), Nov. 19, 2001, 115 Stat. 642.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

46316 49 App.:1472(a). Aug. 23, 1958, Pub. L.

85-726, Sec. 902(a), 72

Stat. 784; restated July 10,

1962, Pub. L. 87-528, Sec.

13, 76 Stat. 150.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

--------------------------------------------------------------------

In subsection (a), the word "prescribed" is added for consistency

in the revised title. The words "condition, or limitation of" are

omitted as surplus. The word "Administrator" in section 902(a) of

the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 784)

is retained on authority of 49:106(g). The words "or in section

1474 of this Appendix" are omitted as surplus because 49 App.:1474

is not included in the revised title. The words "shall be deemed

guilty of a misdemeanor" are omitted for consistency with title 18.

The words "and upon conviction thereof" are omitted as surplus. The

words "shall be fined under title 18" are substituted for "shall be

subject for the first offense to a fine of not more than $500, and

for any subsequent offense to a fine of not more than $2,000" for

consistency with title 18.

In subsection (b), reference to 49 App.:ch. 20, subch. VII is

omitted as unnecessary because subchapter VII is not restated in

this part.

PUB. L. 104-287

This amends 49:46316(b) to make it easier to include future

sections in the cross-reference by restating it in terms of

chapters.

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-71 inserted "the Under Secretary

of Transportation for Security with respect to security duties and

powers designated to be carried out by the Under Secretary or"

after "(or".

1997 - Subsec. (b). Pub. L. 105-102 amended directory language of

Pub. L. 104-287. See 1996 Amendment note below.

1996 - Subsec. (b). Pub. L. 104-287, as amended by Pub. L.

105-102, substituted "chapter 447 (except section 44718(a)), and

chapter 449 (except sections 44902, 44903(d), 44904, and

44907-44909)" for "and sections 44701(a) and (b), 44702-44716,

44901, 44903(b) and (c), 44905, 44906, 44912-44915, and

44932-44938".

EFFECTIVE DATE OF 1997 AMENDMENT

Pub. L. 105-102, Sec. 3(d), Nov. 20, 1997, 111 Stat. 2215,

provided that the amendment made by section 3(d)(1)(D) is effective

Oct. 11, 1996.

Amendment by Pub. L. 105-102 effective as if included in the

provisions of the Act to which the amendment relates, see section

3(f) of Pub. L. 105-102, set out as a note under section 106 of

this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-287 effective July 5, 1994, see section

8(1) of Pub. L. 104-287, set out as a note under section 5303 of

this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

-End-

-CITE-

49 USC Sec. 46317 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 463 - PENALTIES

-HEAD-

Sec. 46317. Criminal penalty for pilots operating in air

transportation without an airman's certificate

-STATUTE-

(a) General Criminal Penalty. - An individual shall be fined

under title 18 or imprisoned for not more than 3 years, or both, if

that individual -

(1) knowingly and willfully serves or attempts to serve in any

capacity as an airman operating an aircraft in air transportation

without an airman's certificate authorizing the individual to

serve in that capacity; or

(2) knowingly and willfully employs for service or uses in any

capacity as an airman to operate an aircraft in air

transportation an individual who does not have an airman's

certificate authorizing the individual to serve in that capacity.

(b) Controlled Substance Criminal Penalty. -

(1) Controlled substances defined. - In this subsection, the

term "controlled substance" has the meaning given that term in

section 102 of the Comprehensive Drug Abuse Prevention and

Control Act of 1970 (21 U.S.C. 802).

(2) Criminal penalty. - An individual violating subsection (a)

shall be fined under title 18 or imprisoned for not more than 5

years, or both, if the violation is related to transporting a

controlled substance by aircraft or aiding or facilitating a

controlled substance violation and that transporting, aiding, or

facilitating -

(A) is punishable by death or imprisonment of more than 1

year under a Federal or State law; or

(B) is related to an act punishable by death or imprisonment

for more than 1 year under a Federal or State law related to a

controlled substance (except a law related to simple possession

(as that term is used in section 46306(c)) of a controlled

substance).

(3) Terms of imprisonment. - A term of imprisonment imposed

under paragraph (2) shall be served in addition to, and not

concurrently with, any other term of imprisonment imposed on the

individual subject to the imprisonment.

-SOURCE-

(Added Pub. L. 106-181, title V, Sec. 509(a), Apr. 5, 2000, 114

Stat. 141.)

-MISC1-

EFFECTIVE DATE

Section applicable only to fiscal years beginning after Sept. 30,

1999, see section 3 of Pub. L. 106-181, set out as an Effective

Date of 2000 Amendments note under section 106 of this title.

-End-

-CITE-

49 USC Sec. 46318 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iv - enforcement and penalties

CHAPTER 463 - PENALTIES

-HEAD-

Sec. 46318. Interference with cabin or flight crew

-STATUTE-

(a) General Rule. - An individual who physically assaults or

threatens to physically assault a member of the flight crew or

cabin crew of a civil aircraft or any other individual on the

aircraft, or takes any action that poses an imminent threat to the

safety of the aircraft or other individuals on the aircraft is

liable to the United States Government for a civil penalty of not

more than $25,000.

(b) Compromise and Setoff. -

(1) Compromise. - The Secretary may compromise the amount of a

civil penalty imposed under this section.

(2) Setoff. - The United States Government may deduct the

amount of a civil penalty imposed or compromised under this

section from amounts the Government owes the person liable for

the penalty.

-SOURCE-

(Added Pub. L. 106-181, title V, Sec. 511(a), Apr. 5, 2000, 114

Stat. 142.)

-MISC1-

EFFECTIVE DATE

Section applicable only to fiscal years beginning after Sept. 30,

1999, see section 3 of Pub. L. 106-181, set out as an Effective

Date of 2000 Amendments note under section 106 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 46301 of this title.

-End-