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 (span)(1), the word “providing” is substituted for “engaged in” for consistency in the revised title.

In subsection (span)(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(span). 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(span).

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(span) 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).

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.

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.

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

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.

The date of enactment of this paragraph, referred to in subsec. (a)(6), is the date of enactment of Puspan. L. 110–161, which was approved Dec. 26, 2007.

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 Puspan. L. 108–176, which was approved Dec. 12, 2003.

2018—Subsec. (a)(1)(A). Puspan. L. 115–254, § 372(e)(1), inserted “chapter 448,” after “chapter 447 (except sections 44717 and 44719–44723),”.

Subsec. (a)(5)(A)(i). Puspan. L. 115–254, § 1991(g)(1)(A)(i), substituted “chapter 451” for “or chapter 451”.

Puspan. L. 115–254, § 372(e)(2), inserted “chapter 448,” after “chapter 447 (except sections 44717–44723),”.

Subsec. (a)(5)(D). Puspan. L. 115–254, § 1991(g)(1)(A)(ii), inserted “of Transportation” after “Secretary”.

Subsec. (a)(7). Puspan. L. 115–254, § 436, added par. (7).

Subsec. (d)(2). Puspan. L. 115–254, § 1991(g)(1)(B)(i), substituted “defined by the Secretary of Transportation” for “defined by the Secretary” and “Administrator of the Federal Aviation Administration shall” for “Administrator shall”.

Puspan. L. 115–254, § 372(e)(3), inserted “chapter 448,” after “chapter 447 (except sections 44717 and 44719–44723),”.

Subsec. (d)(3) to (7). Puspan. L. 115–254, § 1991(g)(1)(B)(ii), substituted “Administrator of the Federal Aviation Administration” for “Administrator” wherever appearing.

Subsec. (d)(8). Puspan. L. 115–254, § 1991(g)(1)(B)(ii), (iii), substituted “Administrator of the Transportation Security Administration” for “Under Secretary” and “Administrator of the Federal Aviation Administration” for “Administrator” in introductory provisions.

Subsec. (e). Puspan. L. 115–254, § 1991(g)(1)(C), inserted “of Transportation” after “Secretary” in introductory provisions.

Subsec. (f)(1)(A)(i). Puspan. L. 115–254, § 372(e)(4), inserted “chapter 448,” after “chapter 447 (except sections 44717 and 44719–44723),”.

Subsec. (g). Puspan. L. 115–254, § 1991(g)(1)(D), substituted “Administrator of the Federal Aviation Administration” for “Administrator”.

Subsec. (h)(2). Puspan. L. 115–254, § 1991(g)(1)(E), substituted “Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration” for “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”.

2016—Subsec. (d)(2). Puspan. L. 114–190 inserted “section 46320,” after “section 46319,”.

2014—Subsec. (d)(2). Puspan. L. 113–188 substituted “section 47107(k)” for “section 47107(l)”.

2012—Subsec. (a)(1)(A). Puspan. L. 112–95, § 803(1), inserted “chapter 451,” before “section 47107(span)”.

Puspan. L. 112–95, § 415(span), inserted “chapter 423,” after “chapter 421,”.

Subsec. (a)(5)(A)(i). Puspan. L. 112–95, § 803(2)(B), inserted “, or chapter 451” after “44907–44909)”.

Puspan. L. 112–95, § 803(2)(A), which directed the substitution of “chapter 449” for “or chapter 449”, could not be executed because of the prior amendment by Puspan. L. 112–74, § 564(a). See 2011 Amendment note below.

Subsec. (c)(1)(A). Puspan. L. 112–95, § 415(span), inserted “chapter 423,” after “chapter 421,”.

Subsec. (d)(2). Puspan. L. 112–95, § 803(3), substituted “44723), chapter 451,” for “44723) or”, “section 46302” for “46302”, “section 46318, section 46319, or section 47107(span)” for “46318, or 47107(span)” in first sentence , and “section 46302” for “46302”, “or section 46303 of this title” for “46303,”, and “any of those provisions” for “such chapter 449” in second sentence.

Subsec. (f)(1)(A)(i). Puspan. L. 112–95, § 803(4), substituted “chapter 449” for “or chapter 449” and inserted “, or chapter 451” after “44909)”.

2011—Subsec. (a)(5)(A)(i). Puspan. L. 112–74 substituted “chapter 449” for “or chapter 449” and inserted “, or section 46314(a)” after “44909)”.

2007—Subsec. (a)(4). Puspan. L. 110–53 struck out “or another requirement under this title administered by the Under Secretary of Transportation for Security” after “chapter 449”.

Subsec. (a)(6). Puspan. L. 110–161 added par. (6).

2004—Subsec. (d)(2). Puspan. L. 108–458, § 4027(a)(1)–(3), substituted “46302 (for a violation relating to section 46504),” for “46302, 46303,”, “The Secretary of Homeland Security may” for “The Under Secretary of Transportation for Security may”, “44909), 46302 (except for a violation relating to section 46504), 46303,” for “44909)”, and “The Secretary of Homeland Security or” for “The Under Secretary or”.

Subsec. (d)(3). Puspan. L. 108–458, § 4027(a)(3), substituted “Secretary of Homeland Security or” for “Under Secretary or”.

Subsec. (d)(4). Puspan. L. 108–458, § 4027(a)(3), substituted “Secretary of Homeland Security or” for “Under Secretary or” in introductory provisions.

Subsec. (d)(4)(A). Puspan. L. 108–458, § 4027(a)(4), realigned margins.

2003—Subsec. (a)(1). Puspan. L. 108–176, § 503(a)(1), substituted “$25,000 (or $1,100 if the person is an individual or small business concern)” for “$1,000” in introductory provisions.

Subsec. (a)(1)(A). Puspan. L. 108–176, § 503(a)(2), (3), struck out “or” before “section 47107(span)” and substituted “section), or section 47133” for “section)”.

Subsec. (a)(2). Puspan. L. 108–176, § 503(a)(5), substituted “section 41719” for “section 41715” in two places.

Puspan. L. 108–176, § 503(a)(4), redesignated par. (4) as (2) and struck out former par. (2) which read as follows: “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(span), 40116, and 40117), section 44502(span) 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). Puspan. L. 108–176, § 503(a)(4), redesignated par. (5) as (3) and struck out former par. (3) which read as follows: “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.”

Subsec. (a)(4). Puspan. L. 108–176, § 503(a)(6), substituted “paragraph (1)” for “paragraphs (1) and (2)”.

Puspan. L. 108–176, § 503(a)(4), redesignated par. (8) as (4). Former par. (4) redesignated (2).

Subsec. (a)(5). Puspan. L. 108–176, § 503(a)(7), added par. (5). Former par. (5) redesignated (3).

Subsec. (a)(6). Puspan. L. 108–176, § 503(a)(4), struck out span and text of par. (6). Text read as follows: “Notwithstanding paragraph (1), the maximum civil penalty for violating section 41715 shall be $5,000 instead of $1,000.”

Subsec. (a)(7). Puspan. L. 108–176, § 503(a)(4), struck out span and text of par. (7). Text read as follows: “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.”

Subsec. (a)(8). Puspan. L. 108–176, § 503(a)(4), redesignated par. (8) as (4).

Subsec. (d)(4)(A). Puspan. L. 108–176, § 503(span)(1), substituted “more than—” for “more than $50,000;” and added cls. (i) to (iii).

Subsec. (d)(8). Puspan. L. 108–176, § 503(span)(2), substituted “is—” for “is $50,000.” and added subpars. (A) to (C).

Subsec. (i). Puspan. L. 108–176, § 503(c), added subsec. (i).

2002—Subsec. (a)(8). Puspan. L. 107–296 added par. (8).

2001—Subsec. (d)(2). Puspan. L. 107–71, § 140(d)(1)(C), inserted “Under Secretary or” before “Administrator shall”.

Puspan. L. 107–71, § 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.”

Puspan. L. 107–71, § 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(span)”, to reflect the probable intent of Congress.

Subsec. (d)(3), (4). Puspan. L. 107–71, § 140(d)(2), substituted “Under Secretary or Administrator” for “Administrator”.

Subsec. (d)(8). Puspan. L. 107–71, § 140(d)(3), substituted “Under Secretary, Administrator,” for “Administrator”.

Subsec. (h)(2). Puspan. L. 107–71, § 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). Puspan. L. 106–181, §§ 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(span) (including”.

Subsec. (a)(3)(C). Puspan. L. 106–181, § 503(c), added subpar. (C).

Subsec. (a)(3)(D), (E). Puspan. L. 106–181, §§ 504(span), 707(span), added subpars. (D) and (E).

Subsec. (a)(6). Puspan. L. 106–181, § 222(span), inserted span and realigned margins.

Subsec. (a)(7). Puspan. L. 106–181, § 222(a), added par. (7).

Subsec. (d)(2). Puspan. L. 106–424 substituted “46301(span), 46302, 46303, 46318,” for “46302, 46303,”.

Subsec. (d)(7)(A). Puspan. L. 106–181, § 720(2), substituted “a penalty on a person” for “a penalty on an individual”.

Subsec. (g). Puspan. L. 106–181, § 720(3), inserted “or the Administrator” after “Secretary”.

1997—Subsecs. (a)(1)(A), (2)(A), (d)(2), (f)(1)(A)(i). Puspan. L. 105–102 repealed Puspan. L. 104–264, §§ 502(c), 1220(span). See 1996 Amendment notes below.

1996—Subsec. (a)(1)(A). Puspan. L. 104–287, § 5(77)(A)(iii), (iv), inserted “or” after “46303,” and struck out “, or 41715” after “under such section)”.

Puspan. L. 104–287, § 5(77)(A)(ii), substituted “section 44502(span) 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 (span), 44702–44716, 44901, 44903(span) or (c), 44905, 44906, 44907(d)(1)(B), 44909(a), 44912–44915, 44932–44938,”.

Puspan. L. 104–287, § 5(77)(A)(i), substituted “chapter 413 (except sections 41307 and 41310(span)–(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,”.

Puspan. L. 104–264, § 1220(span), which directed amendment of subpar. (A) by inserting “44718(d),” after “44716,”, was repealed by Puspan. L. 105–102.

Puspan. L. 104–264, § 502(c)(1), which directed amendment of subpar. (A) by inserting “44724,” after “44718(d),”, was repealed by Puspan. L. 105–102.

Subsec. (a)(2)(A). Puspan. L. 104–287, § 5(77)(B), substituted “, section 44502(span) 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 (span), 44702–44716, 44901, 44903(span) or (c), 44905, 44906, 44912–44915, or 44932–44938”.

Puspan. L. 104–264, § 502(c)(2), which directed amendment of subpar. (A) by inserting “44724,” after “44716,”, was repealed by Puspan. L. 105–102.

Subsec. (a)(3). Puspan. L. 104–287, § 5(77)(C), realigned margins of subpars. (A) and (B).

Subsec. (a)(5). Puspan. L. 104–264, § 804(span), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “In the case of a violation of section 47107(span) of this title, the maximum civil penalty for a continuing violation shall not exceed $50,000.”

Subsec. (c)(1)(A). Puspan. L. 104–287, § 5(77)(D)(ii), (iii), struck out “or” before “subchapter II” and inserted “, or section 44909” before “of this title”.

Puspan. L. 104–287, § 5(77)(D)(i), substituted “chapter 413 (except sections 41307 and 41310(span)–(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). Puspan. L. 104–287, § 5(77)(E), substituted “section 44502(span) 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 (span), 44702–44716, 44901, 44903(span) or (c), 44905, 44906, 44907(d)(1)(B), 44912–44915, 44932–44938,”.

Puspan. L. 104–264, § 1220(span), which directed amendment of par. (2) by inserting “44718(d),” after “44716,”, was repealed by Puspan. L. 105–102.

Puspan. L. 104–264, § 502(c)(1), which directed amendment of par. (2) by inserting “44724,” after “44718(d),”, was repealed by Puspan. L. 105–102.

Subsec. (f)(1)(A)(i). Puspan. L. 104–287, § 5(77)(F), substituted “section 44502(span) 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 (span), 44702–44716, 44901, 44903(span) or (c), 44905, 44906, 44907(d)(1)(B), 44912–44915, or 44932–44938”.

Puspan. L. 104–264, § 1220(span), which directed amendment of cl. (i) by inserting “44718(d),” after “44716,”, was repealed by Puspan. L. 105–102.

Puspan. L. 104–264, § 502(c)(1), which directed amendment of cl. (i) by inserting “44724,” after “44718(d),”, was repealed by Puspan. L. 105–102.

1994—Subsec. (a)(1)(A). Puspan. L. 103–429, § 6(60)(A), substituted “any of sections 41301–41306” for “section 41301–41306” and “any of sections 44701(a)” for “section 44701(a)”.

Puspan. L. 103–305, § 207(c)(1), inserted “, or 41715” before “of this title”.

Puspan. L. 103–305, § 112(c)(1)(A), substituted “46303, 47107(span) (including any assurance made under such section)” for “or 46303”.

Subsec. (a)(2)(A). Puspan. L. 103–429, § 6(60)(B), substituted “any of sections 44701(a)” for “section 44701(a)”.

Subsec. (a)(4). Puspan. L. 103–305, § 207(c)(2), inserted “(other than a violation of section 41715)” after “the violation” in two places.

Subsec. (a)(5). Puspan. L. 103–305, § 112(c)(1)(B), added par. (5).

Subsec. (a)(6). Puspan. L. 103–305, § 207(c)(3), added par. (6).

Subsec. (c)(1)(A). Puspan. L. 103–429, § 6(60)(C), substituted “any of sections 41301–41306” for “section 41301–41306”.

Subsec. (d)(2). Puspan. L. 103–429, § 6(60)(B), substituted “any of sections 44701(a)” for “section 44701(a)”.

Puspan. L. 103–305, § 112(c)(2), substituted “46303, or 47107(span) (as further defined by the Secretary under section 47107(l) and including any assurance made under section 47107(span))” for “or 46303”.

Subsec. (d)(7)(D). Puspan. L. 103–305, § 112(c)(3), added subpar. (D).

Subsec. (f)(1)(A)(i). Puspan. L. 103–429, § 6(60)(B), substituted “any of sections 44701(a)” for “section 44701(a)”.

Amendment by Puspan. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Puspan. L. 108–176, set out as a note under section 106 of this title.

Amendment by Puspan. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Puspan. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Amendment by Puspan. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Puspan. L. 106–181, set out as a note under section 106 of this title.

Puspan. L. 105–102, § 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 Puspan. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Puspan. L. 105–102, set out as a note under section 106 of this title.

Amendment by Puspan. L. 104–287 effective July 5, 1994, see section 8(1) of Puspan. L. 104–287, set out as a note under section 5303 of this title.

Amendment by section 502(c) of Puspan. 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 Puspan. L. 104–264, set out as a note under section 30305 of this title.

Except as otherwise specifically provided, amendment by Puspan. 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 Puspan. L. 104–264, set out as a note under section 106 of this title.

Amendment by Puspan. L. 103–429 effective July 5, 1994, see section 9 of Puspan. L. 103–429, set out as a note under section 321 of this title.

Amendment by section 207(c) of Puspan. L. 103–305 effective Fespan. 1, 1995, see section 207(d) of Puspan. L. 103–305, set out as an Effective Date note under section 41719 of this title.

Puspan. L. 102–345, § 2(c), Aug. 26, 1992, 106 Stat. 925, provided that: “Notwithstanding subsections (a) and (span) of this section, sections 901(a)(3) and 905 of the Federal Aviation Act of 1958 [Puspan. 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.”

Puspan. L. 114–190, title II, § 2104, July 15, 2016, 130 Stat. 620, provided that: