H. R. 1758—484
by deposition and to produce records. If a person fails to be deposed
or to produce records, the order may be enforced in the same
way a subpena may be enforced under subsection (b) of this section.
(2) A deposition may be taken before an individual designated
by the Secretary or Administrator and having the power to admin-
ister oaths.
(3) Before taking a deposition, the party or the attorney of
the party proposing to take the deposition must give reasonable
notice in writing to the opposing party or the attorney of record
of that party. The notice shall state the name of the witness
and the time and place of taking the deposition.
(4) The testimony of a person deposed under this subsection
shall be under oath. The person taking the deposition shall prepare,
or cause to be prepared, a transcript of the testimony taken. The
transcript shall be subscribed by the deponent. Each deposition
shall be filed promptly with the Secretary or Administrator.
(5) If the laws of a foreign country allow, the testimony of
a witness in that country may be taken by deposition—
(A) by a consular officer or an individual commissioned
by the Secretary or Administrator or agreed on by the parties
by written stipulation filed with the Secretary or Administrator;
or
(B) under letters rogatory issued by a court of competent
jurisdiction at the request of the Secretary or Administrator.
(d) WITNESS FEES AND MILEAGE AND CERTAIN FOREIGN COUN-
TRY EXPENSES.—A witness summoned before the Secretary or
Administrator or whose deposition is taken under this section and
the individual taking the deposition are each entitled to the same
fee and mileage that the witness and individual would have been
paid for those services in a court of the United States. Under
regulations of the Secretary or Administrator, the Secretary or
Administrator shall pay the necessary expenses incident to execut-
ing, in another country, a commission or letter rogatory issued
at the initiative of the Secretary or Administrator.
(e) DESIGNATING EMPLOYEES TO CONDUCT HEARINGS.—When
designated by the Secretary or Administrator, an employee
appointed under section 3105 of title 5 may conduct a hearing,
subpena witnesses, administer oaths, examine witnesses, and
receive evidence at a place in the United States the Secretary
or Administrator designates. On request of a party, the Secretary
or Administrator shall hear or receive argument.
§ 46105. Regulations and orders
(a) EFFECTIVENESS
OF ORDERS.—Except as provided in this
part, a regulation prescribed or order issued by 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) takes effect
within a reasonable time prescribed by the Secretary or Adminis-
trator. The regulation or order remains in effect under its own
terms or until superseded. Except as provided in this part, the
Secretary or Administrator may amend, modify, or suspend an
order in the way, and by giving the notice, the Secretary or Adminis-
trator decides.
(b) CONTENTS AND SERVICE OF ORDERS.—An order of the Sec-
retary or Administrator shall include the findings of fact on which
H. R. 1758—485
the order is based and shall be served on the parties to the proceed-
ing and the persons affected by the order.
(c) EMERGENCIES.—When the Administrator is of the opinion
that an emergency exists related to safety in air commerce and
requires immediate action, the Administrator, on the initiative of
the Administrator or on complaint, may prescribe regulations and
issue orders immediately to meet the emergency, with or without
notice and without regard to this part and subchapter II of chapter
5 of title 5. The Administrator shall begin a proceeding immediately
about an emergency under this subsection and give preference,
when practicable, to the proceeding.
§ 46106. Enforcement by the Secretary of Transportation and
Administrator of the Federal Aviation Adminis-
tration
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 Adminis-
trator) may bring a civil action against a person in a district
court of the United States to enforce this part or a requirement
or regulation prescribed, or an order or any term of a certificate
or permit issued, under this part. The action may be brought
in the judicial district in which the person does business or the
violation occurred.
§ 46107. Enforcement by the Attorney General
(a) CIVIL ACTIONS TO ENFORCE SECTION 40106(b).—The Attor-
ney General may bring a civil action in a district court of the
United States against a person to enforce section 40106(b) of this
title. The action may be brought in the judicial district in which
the person does business or the violation occurred.
(b) CIVIL ACTIONS TO ENFORCE THIS PART.—(1) On request
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 Adminis-
trator), the Attorney General may bring a civil action in an appro-
priate court—
(A) to enforce this part or a requirement or regulation
prescribed, or an order or any term of a certificate or permit
issued, under this part; and
(B) to prosecute a person violating this part or a require-
ment or regulation prescribed, or an order or any term of
a certificate or permit issued, under this part.
(2) The costs and expenses of a civil action shall be paid
out of the appropriations for the expenses of the courts of the
United States.
(c) PARTICIPATION
OF
SECRETARY
OR
ADMINISTRATOR.—On
request of the Attorney General, the Secretary or Administrator,
as appropriate, may participate in a civil action under this part.
§ 46108. Enforcement 
of 
certificate 
requirements 
by
interested persons
An interested person may bring a civil action in a district
court of the United States against a person to enforce section
41101(a)(1) of this title. The action may be brought in the judicial
district in which the defendant does business or the violation
occurred.
H. R. 1758—486
§ 46109. Joinder and intervention
A person interested in or affected by a matter under consider-
ation in a proceeding before the Secretary of Transportation or
civil action to enforce this part or a requirement or regulation
prescribed, or an order or any term of a certificate or permit
issued, under this part may be joined as a party or permitted
to intervene in the proceeding or civil action.
§ 46110. Judicial review
(a) FILING AND VENUE.—Except for an order related to a foreign
air carrier subject to disapproval by the President under section
41307 or 41509(f) of this title, a person disclosing a substantial
interest in an order issued by 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) under this part may apply for review
of the order by filing a petition for review in the United States
Court of Appeals for the District of Columbia Circuit or in the
court of appeals of the United States for the circuit in which
the person resides or has its principal place of business. The petition
must be filed not later than 60 days after the order is issued.
The court may allow the petition to be filed after the 60th day
only if there are reasonable grounds for not filing by the 60th
day.
(b) JUDICIAL PROCEDURES.—When a petition is filed under sub-
section (a) of this section, the clerk of the court immediately shall
send a copy of the petition to the Secretary or Administrator,
as appropriate. The Secretary or Administrator shall file with the
court a record of any proceeding in which the order was issued,
as provided in section 2112 of title 28.
(c) AUTHORITY OF COURT.—When the petition is sent to the
Secretary or Administrator, the court has exclusive jurisdiction
to affirm, amend, modify, or set aside any part of the order and
may order the Secretary or Administrator to conduct further
proceedings. After reasonable notice to the Secretary or Adminis-
trator, the court may grant interim relief by staying the order
or taking other appropriate action when good cause for its action
exists. Findings of fact by the Secretary or Administrator, if sup-
ported by substantial evidence, are conclusive.
(d) REQUIREMENT FOR PRIOR OBJECTION.—In reviewing an order
under this section, the court may consider an objection to an order
of the Secretary or Administrator only if the objection was made
in the proceeding conducted by the Secretary or Administrator
or if there was a reasonable ground for not making the objection
in the proceeding.
(e) SUPREME COURT REVIEW.—A decision by a court under
this section may be reviewed only by the Supreme Court under
section 1254 of title 28.
CHAPTER 463—PENALTIES
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.
H. R. 1758—487
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.
§ 46301. Civil penalties
(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, section 41301–41306, 41308–
41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701,
41702, 41705–41709, 41711, 41712, or 41731–41742, chapter
419, subchapter II of chapter 421, chapter 441 (except section
44109), or section 44701(a) or (b), 44702–44716, 44901, 44903(b)
or (c), 44905, 44906, 44907(d)(1)(B), 44909(a), 44912–44915,
44932–44938, 46302, or 46303 of this title;
(B) a regulation prescribed or order issued under any provi-
sion 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) or section 44701(a) or (b), 44702–
44716, 44901, 44903(b) or (c), 44905, 44906, 44912–44915, or
44932–44938 of this title; or
(B) a regulation prescribed or order issued under any provi-
sion 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 chapter 441 of this
title of an aircraft not used to provide air transportation.
(4) A separate violation occurs under this subsection for each
day the violation continues or, if applicable, for each flight involving
the violation.
(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 intra-
state 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 viola-
tions only after notice and an opportunity for a hearing:
(A) a violation of subsection (b) of this section or chapter
411, section 41301–41306, 41308–41310(a), 41501, 41503,
H. R. 1758—488
41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711,
41712, or 41731–41742, chapter 419, or subchapter II of chapter
421 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 sub-
section.
(d) ADMINISTRATIVE IMPOSITION OF PENALTIES.—(1) In this sub-
section—
(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 repair-
man 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), chap-
ter 441 (except section 44109), or section 44701(a) or (b), 44702–
44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912–
44915, 44932–44938, 46302, or 46303 of this title or a regulation
prescribed or order issued under any of those provisions. The
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
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 dis-
trict 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
H. R. 1758—489
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 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.
(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) 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 com-
promise 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), or sec-
tion 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905,
44906, 44907(d)(1)(B), 44912–44915, or 44932–44938 of this
title; or
H. R. 1758—490
(ii) a regulation prescribed or order issued under any provi-
sion 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 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 sub-
ject 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.
§ 46302. False information
(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 Transpor-
tation 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.
§ 46303. Carrying a weapon
(a) CIVIL PENALTY.—An individual who, when on, or attempting
to board, an aircraft in, or intended for operation in, air transpor-
tation or intrastate air transportation, has on or about the individ-
ual 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 Transpor-
tation 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 subdivi-
sion 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.
H. R. 1758—491
§ 46304. Liens on aircraft
(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 Attor-
ney 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.
§ 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 Aero-
nautics 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.
§ 46306. Registration 
violations 
involving 
aircraft 
not
providing air transportation
(a) APPLICATION.—This section applies only to aircraft not used
to provide air transportation.
(b) GENERAL CRIMINAL PENALTY.—Except as provided by sub-
section (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 dis-
played on an aircraft a mark that is false or misleading about
the nationality or registration of the aircraft;
H. R. 1758—492
(4) obtains a certificate authorized to be issued under this
part by knowingly and willfully falsifying or concealing a mate-
rial 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 regu-
lations 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 Preven-
tion 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) 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.