CHAPTER 463 —PENALTIES
Chapter Referred to in Other Sections
This chapter is referred to in
§46301. Civil penalties
(a)
(A)
(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
(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)
(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; or
(B) the registration or recordation under
(4) A separate violation occurs under this subsection for each day the violation (other than a violation of section 41715) continues or, if applicable, for each flight involving the violation (other than a violation of section 41715).
(5) In the case of a violation of
(6) Notwithstanding paragraph (1), the maximum civil penalty for violating section 41715 shall be $5,000 instead of $1,000.
(b)
(2) An individual violating this subsection is liable to the Government for a civil penalty of not more than $2,000.
(c)
(A) a violation of subsection (b) of this section or
(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
(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)
(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
(3) In a civil action to collect a civil penalty imposed by the 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 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
(7)(A) The Administrator may impose a penalty on an individual (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
(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
(8) The maximum civil penalty the 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)
(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)
(i)
(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)
(h)
(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 Administrator with respect to aviation safety duties and powers designated to be carried out by the Administrator) a timely report on action taken.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46301(a) | 49 App.:1303 (note). | Nov. 18, 1988, |
| 49 App.:1405 (last sentence). | Aug. 23, 1958, |
|
| 49 App.:1471(a)(1) (1st, 2d sentences less subchapter VII). | Aug. 23, 1958, |
|
| 49 App.:1655(c)(1). | Oct. 15, 1966, |
|
| 46301(b) | 49 App.:1374(d)(2). | Aug. 23, 1958, |
| 46301(c) | 49 App.:1471(a)(1) (3d, 5th sentences less subchapter VII). | |
| 49 App.:1551(b) (1)(E). | Aug. 23, 1958, |
|
| 46301(d)(1) | 49 App.:1471(a) (3)(H). | Aug. 23, 1958, |
| 46301(d)(2) | 49 App.:1303 (note). | Nov. 18, 1988, |
| 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) (related to subchapter III, V, VI, or XII, §1501, 1514, or 1515(e)(2)(B), and Postal Service). | Aug. 23, 1958, |
| 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). |
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 (
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 (
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
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 (
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.
Amendments
1994—Subsec. (a)(1)(A).
Subsec. (a)(2)(A).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (c)(1)(A).
Subsec. (d)(2).
Subsec. (d)(7)(D).
Subsec. (f)(1)(A)(i).
Effective Date of 1994 Amendments
Amendment by
Amendment by section 207(c) of
Savings Provision
Section Referred to in Other Sections
This section is referred to in
§46302. False information
(a)
(b)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46302(a) | 49 App.:1471(c). | Aug. 23, 1958, |
| 46302(b) | 49 App.:1471(a)(2) (related to 1471(c)). | Aug. 23, 1958, |
| 49 App.:1551(b) (1)(E). | Aug. 23, 1958, |
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.
Section Referred to in Other Sections
This section is referred to in
§46303. Carrying a weapon
(a)
(b)
(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)
(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 by regulation authorizes to carry arms in an official capacity.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46303(a) | 49 App.:1471(d) (words after 3d comma). | Aug. 23, 1958, |
| 46303(b) | 49 App.:1471(a)(2) (related to 1471(d)). | Aug. 23, 1958, |
| 49 App.:1551(b) (1)(E). | Aug. 23, 1958, |
|
| 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.
Section Referred to in Other Sections
This section is referred to in
§46304. Liens on aircraft
(a)
(b)
(c)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46304(a) | 49 App.:1471(b). | Aug. 23, 1958, |
| 46304(b) | 49 App.:1473(b)(2). | |
| 49 App.:1551(b) (1)(E). | Aug. 23, 1958, |
|
| 49 App.:1655(c)(1). | Oct. 15, 1966, |
|
| 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 (
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.
Section Referred to in Other Sections
This section is referred to in
§46305. Actions to recover civil penalties
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46305 | 49 App.:1473(b)(1). | Aug. 23, 1958, |
| 49 App.:1473(b)(4). | Aug. 23, 1958, |
|
| 49 App.:1551(b) (1)(E). | Aug. 23, 1958, |
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.
Section Referred to in Other Sections
This section is referred to in
§46306. Registration violations involving aircraft not providing air transportation
(a)
(b)
(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
(A) the aircraft is not registered under
(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
(A) the aircraft is not registered under
(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)
(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) provided 1 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)
(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
(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)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46306(a) | 49 App.:1303 (note). | Nov. 18, 1988, |
| 46306(b) | 49 App.:1472(b)(1), (2) (1st sentence cl. (A)). | Aug. 23, 1958, |
| 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, |
In subsections (b)(9), (d), and (e), the word "Administrator" in section 902(b) of the Federal Aviation Act of 1958 (
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,
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
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.
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be preceded by "that is".
§46307. Violation of national defense airspace
A person that knowingly or willfully violates
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46307 | 49 App.:1523. | Aug. 23, 1958, |
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.
Section Referred to in Other Sections
This section is referred to in
§46308. Interference with air navigation
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46308 | 49 App.:1472(c). | Aug. 23, 1958, |
| 49 App.:1655(c)(1). | Oct. 15, 1966, |
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 (
Section Referred to in Other Sections
This section is referred to in
§46309. Concession and price violations
(a)
(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)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46309(a) | 49 App.:1472(d)(1). | Aug. 23, 1958, |
| 46309(b) | 49 App.:1472(d)(2). | Aug. 23, 1958, |
| 49 App.:1551(b) (1)(E). | Aug. 23, 1958, |
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".
§46310. Reporting and recordkeeping violations
(a)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46310 | 49 App.:1472(e). | Aug. 23, 1958, |
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).
Effective Date of 1994 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§46311. Unlawful disclosure of information
(a)
(1) the Secretary, Administrator, officer, or employee acquires when inspecting the records of an air carrier; or
(2) is withheld from public disclosure under
(b)
(1) the officer or employee is directed by the Secretary or Administrator to disclose information that the Secretary or Administrator had ordered withheld; or
(2) the Secretary, Administrator, officer, or employee is directed by a court of competent jurisdiction to disclose the information.
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46311(a), (b) | 49 App.:1472(f) (words before proviso). | Aug. 23, 1958, |
| 49 App.:1551(b) (1)(E). | Aug. 23, 1958, |
|
| 49 App.:1655(c)(1). | Oct. 15, 1966, |
|
| 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 (
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.
Section Referred to in Other Sections
This section is referred to in
§46312. Transporting hazardous material
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46312 | 49 App.:1472(h)(2). | Aug. 23, 1958, |
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.
Section Referred to in Other Sections
This section is referred to in
§46313. Refusing to appear or produce records
A person not obeying a subpena or requirement 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) to appear and testify or produce records shall be fined under title 18, imprisoned for not more than one year, or both.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46313 | 49 App.:1472(g). | Aug. 23, 1958, |
| 49 App.:1551(b) (1)(E). | Aug. 23, 1958, |
|
| 49 App.:1655(c)(1). | Oct. 15, 1966, |
The word "Administrator" in section 902(g) of the Federal Aviation Act of 1958 (
Section Referred to in Other Sections
This section is referred to in
§46314. Entering aircraft or airport area in violation of security requirements
(a)
(b)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46314 | 49 App.:1472(r). | Aug. 23, 1958, |
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.
Section Referred to in Other Sections
This section is referred to in
§46315. Lighting violations involving transporting controlled substances by aircraft not providing air transportation
(a)
(b)
(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).
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46315(a) | 49 App.:1303 (note). | Nov. 18, 1988, |
| 46315(b) | 49 App.:1472(q). | Aug. 23, 1958, |
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.
Section Referred to in Other Sections
This section is referred to in
§46316. General criminal penalty when specific penalty not provided
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46316 | 49 App.:1472(a). | Aug. 23, 1958, |
| 49 App.:1551(b) (1)(E). | Aug. 23, 1958, |
|
| 49 App.:1655(c)(1). | Oct. 15, 1966, |
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 (
In subsection (b), reference to 49 App.:ch. 20, subch. VII is omitted as unnecessary because subchapter VII is not restated in this part.
Section Referred to in Other Sections
This section is referred to in