§46301. Civil penalties
(a)
(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), section 47107(b) (including any assurance made under such section), or section 47133 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 separate violation occurs under this subsection for each day the violation (other than a violation of section 41719) continues or, if applicable, for each flight involving the violation (other than a violation of section 41719).
(3)
(4)
(5)
(A) An individual (except an airman serving as an airman) or small business concern is liable to the Government for a civil penalty of not more than $10,000 for violating-
(i) 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
(ii) a regulation prescribed or order issued under any provision to which clause (i) applies.
(B) A civil penalty of not more than $10,000 may be imposed for each violation under paragraph (1) committed by an individual or small business concern related to-
(i) the transportation of hazardous material;
(ii) the registration or recordation under chapter 441 of an aircraft not used to provide air transportation;
(iii) a violation of section 44718(d), relating to the limitation on construction or establishment of landfills;
(iv) a violation of section 44725, relating to the safe disposal of life-limited aircraft parts; or
(v) a violation of section 40127 or section 41705, relating to discrimination.
(C) Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 41719 committed by an individual or small business concern shall be $5,000 instead of $1,000.
(D) Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 41712 (including a regulation prescribed or order issued under such section) or any other regulation prescribed by the Secretary by an individual or small business concern that is intended to afford consumer protection to commercial air transportation passengers shall be $2,500 for each violation.
(6)
(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 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)
(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 (for a violation relating to section 46504), 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 Secretary of Homeland 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), 46302 2 (except for a violation relating to section 46504), 46303,2 or a regulation prescribed or order issued under such chapter 449. The Secretary of Homeland Security 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 Secretary of Homeland Security 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 Secretary of Homeland Security or Administrator initiates if-
(A) the amount in controversy is more than-
(i) $50,000 if the violation was committed by any person before the date of enactment of the Vision 100-Century of Aviation Reauthorization Act;
(ii) $400,000 if the violation was committed by a person other than an individual or small business concern on or after that date; or
(iii) $50,000 if the violation was committed by an individual or small business concern on or after that date;
(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-
(A) $50,000 if the violation was committed by any person before the date of enactment of the Vision 100-Century of Aviation Reauthorization Act;
(B) $400,000 if the violation was committed by a person other than an individual or small business concern on or after that date; or
(C) $50,000 if the violation was committed by an individual or small business concern on or after that date.
(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) 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)
(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 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.
(i)
(
| 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,
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| 46301(d)(2) | 49 App.:1303 (note). | Nov. 18, 1988,
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| 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 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 (
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, §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 (
Pub. L. 104–287, §5(77)(C)
This makes a conforming amendment to 49:46301(a)(3).
Pub. L. 104–287, §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 (
References in Text
The date of enactment of this paragraph, referred to in subsec. (a)(6), is the date of enactment of
The date of enactment of the Vision 100-Century of Aviation Reauthorization Act, referred to in subsec. (d)(4)(A), (8), is the date of enactment of
Amendments
2007-Subsec. (a)(4).
Subsec. (a)(6).
2004-Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (d)(4).
Subsec. (d)(4)(A).
2003-Subsec. (a)(1).
Subsec. (a)(1)(A).
Subsec. (a)(2).
"(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."
Subsec. (a)(3).
"(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."
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(7).
Subsec. (a)(8).
Subsec. (d)(4)(A).
Subsec. (d)(8).
Subsec. (i).
2002-Subsec. (a)(8).
2001-Subsec. (d)(2).
Subsec. (d)(3), (4).
Subsec. (d)(8).
Subsec. (h)(2).
2000-Subsec. (a)(1)(A).
Subsec. (a)(3)(C).
Subsec. (a)(3)(D), (E).
Subsec. (a)(6).
Subsec. (a)(7).
Subsec. (d)(2).
Subsec. (d)(7)(A).
Subsec. (g).
1997-Subsecs. (a)(1)(A), (2)(A), (d)(2), (f)(1)(A)(i).
1996-Subsec. (a)(1)(A).
Subsec. (a)(2)(A).
Subsec. (a)(3).
Subsec. (a)(5).
Subsec. (c)(1)(A).
Subsec. (d)(2).
Subsec. (f)(1)(A)(i).
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 2003 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1996 Amendments
Amendment by
Amendment by section 502(c) of
Except as otherwise specifically provided, amendment by
Effective Date of 1994 Amendments
Amendment by
Amendment by section 207(c) of
Savings Provision
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.