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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 222]
[Document affected by Public Law 106-181 Section 503(c)]
[Document affected by Public Law 106-181 Section 504(b)]
[Document affected by Public Law 106-181 Section 519(c)]
[Document affected by Public Law 106-181 Section 707(b)]
[Document affected by Public Law 106-181 Section 720]
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[Document affected by Public Law 106-181 Section 509(b)]
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[CITE: 49USC46301]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                  subpart iv--enforcement and penalties
 
                         CHAPTER 463--PENALTIES
 
Sec. 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, 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, chapter 441 
    (except section 44109), section 44502(b) or (c), chapter 447 (except 
    sections 44717 and 44719-44723), chapter 449 (except sections 44902, 
    44903(d), 44904, 44907(a)-(d)(1)(A) and (d)(1)(C)-(f), and 44908), 
    or section 46302, 46303, or 47107(b) (including any assurance made 
    under such section) of this title;
        (B) a regulation prescribed or order issued under any provision 
    to which clause (A) of this paragraph applies;
        (C) any term of a certificate or permit issued under section 
    41102, 41103, or 41302 of this title; or
        (D) a regulation of the United States Postal Service under this 
    part.

    (2) A person operating an aircraft for the transportation of 
passengers or property for compensation (except an airman serving as an 
airman) is liable to the Government for a civil penalty of not more than 
$10,000 for violating--
        (A) chapter 401 (except sections 40103(a) and (d), 40105, 
    40106(b), 40116, and 40117), section 44502(b) or (c), chapter 447 
    (except sections 44717-44723), or chapter 449 (except sections 
    44902, 44903(d), 44904, and 44907-44909) of this title; or
        (B) a regulation prescribed or order issued under any provision 
    to which clause (A) of this paragraph applies.

    (3) A civil penalty of not more than $10,000 may be imposed for each 
violation under paragraph (1) of this subsection related to--
        (A) the transportation of hazardous material; 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 (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) Penalty for diversion of aviation revenues.--The amount of a 
civil penalty assessed under this section for a violation of section 
47107(b) of this title (or any assurance made under such section) or 
section 47133 of this title may be increased above the otherwise 
applicable maximum amount under this section to an amount not to exceed 
3 times the amount of revenues that are used in violation of such 
section.
    (6) Notwithstanding paragraph (1), the maximum civil penalty for 
violating section 41715 shall be $5,000 instead of $1,000.
    (b) Smoke Alarm Device Penalty.--(1) A passenger may not tamper 
with, disable, or destroy a smoke alarm device located in a lavatory on 
an aircraft providing air transportation or intrastate air 
transportation.
    (2) An individual violating this subsection is liable to the 
Government for a civil penalty of not more than $2,000.
    (c) Procedural Requirements.--(1) The Secretary of Transportation 
may impose a civil penalty for the following violations only after 
notice and an opportunity for a hearing:
        (A) a violation of subsection (b) of this section or chapter 
    411, chapter 413 (except sections 41307 and 41310(b)-(f)), chapter 
    415 (except sections 41502, 41505, and 41507-41509), chapter 417 
    (except sections 41703, 41704, 41710, 41713, and 41714), chapter 
    419, subchapter II of chapter 421, or section 44909 of this title.
        (B) a violation of a regulation prescribed or order issued under 
    any provision to which clause (A) of this paragraph applies.
        (C) a violation of any term of a certificate or permit issued 
    under section 41102, 41103, or 41302 of this title.
        (D) a violation under subsection (a)(1) of this section related 
    to the transportation of hazardous material.

    (2) The Secretary shall give written notice of the finding of a 
violation and the civil penalty under paragraph (1) of this subsection.
    (d) Administrative Imposition of Penalties.--(1) In this 
subsection--
        (A) ``flight engineer'' means an individual who holds a flight 
    engineer certificate issued under part 63 of title 14, Code of 
    Federal Regulations.
        (B) ``mechanic'' means an individual who holds a mechanic 
    certificate issued under part 65 of title 14, Code of Federal 
    Regulations.
        (C) ``pilot'' means an individual who holds a pilot certificate 
    issued under part 61 of title 14, Code of Federal Regulations.
        (D) ``repairman'' means an individual who holds a repairman 
    certificate issued under part 65 of title 14, Code of Federal 
    Regulations.

    (2) The Administrator of the Federal Aviation Administration may 
impose a civil penalty for a violation of chapter 401 (except sections 
40103(a) and (d), 40105, 40106(b), 40116, and 40117), chapter 441 
(except section 44109), section 44502(b) or (c), chapter 447 (except 
sections 44717 and 44719-44723), chapter 449 (except sections 44902, 
44903(d), 44904, 44907(a)-(d)(1)(A) and (d)(1)(C)-(f), 44908, and 
44909), or section 46302, 46303, 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 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 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 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.
    (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 Administrator or Board may impose 
under this subsection is $50,000.
    (9) This subsection applies only to a violation occurring after 
August 25, 1992.
    (e) Penalty Considerations.--In determining the amount of a civil 
penalty under subsection (a)(3) of this section related to 
transportation of hazardous material, the Secretary shall consider--
        (1) the nature, circumstances, extent, and gravity of the 
    violation;
        (2) with respect to the violator, the degree of culpability, any 
    history of prior violations, the ability to pay, and any effect on 
    the ability to continue doing business; and
        (3) other matters that justice requires.

    (f) Compromise and Setoff.--(1)(A) The Secretary may compromise the 
amount of a civil penalty imposed for violating--
        (i) chapter 401 (except sections 40103(a) and (d), 40105, 40116, 
    and 40117), chapter 441 (except section 44109), section 44502(b) or 
    (c), chapter 447 (except sections 44717 and 44719-44723), or chapter 
    449 (except sections 44902, 44903(d), 44904, 44907(a)-(d)(1)(A) and 
    (d)(1)(C)-(f), 44908, and 44909) of this title; or
        (ii) a regulation prescribed or order issued under any provision 
    to which clause (i) of this subparagraph applies.

    (B) The Postal Service may compromise the amount of a civil penalty 
imposed under subsection (a)(1)(D) of this section.
    (2) The Government may deduct the amount of a civil penalty imposed 
or compromised under this subsection from amounts it owes the person 
liable for the penalty.
    (g) Judicial Review.--An order of the Secretary imposing a civil 
penalty may be reviewed judicially only under section 46110 of this 
title.
    (h) Nonapplication.--(1) This section does not apply to the 
following when performing official duties:
        (A) a member of the armed forces of the United States.
        (B) a civilian employee of the Department of Defense subject to 
    the Uniform Code of Military Justice.

    (2) The appropriate military authority is responsible for taking 
necessary disciplinary action and submitting to the Secretary (or the 
Administrator with respect to aviation safety duties and powers 
designated to be carried out by the Administrator) a timely report on 
action taken.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1231; Pub. L. 103-
305, title I, Sec. 112(c), title II, Sec. 207(c), Aug. 23, 1994, 108 
Stat. 1575, 1588; Pub. L. 103-429, Sec. 6(60), Oct. 31, 1994, 108 Stat. 
4385; Pub. L. 104-264, title V, Sec. 502(c), title VIII, Sec. 804(b), 
title XII, Sec. 1220(b), Oct. 9, 1996, 110 Stat. 3263, 3271, 3286; Pub. 
L. 104-287, Sec. 5(77), Oct. 11, 1996, 110 Stat. 3396; Pub. L. 105-102, 
Sec. 3(c)(4), Nov. 20, 1997, 111 Stat. 2215.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
46301(a)..............................  49 App.:1303 (note).             Nov. 1
8, 1988, Pub. L. 100-690, Sec.
                                                                          7214,
 102 Stat. 4434.
                                        49 App.:1405 (last sentence).    Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          505 (
last sentence), 72 Stat. 774.
                                        49 App.:1471(a)(1) (1st, 2d      Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         sentences less subchapter        901(a
)(1) (less title VII), 72 Stat.
                                         VII).                            783; 
restated July 10, 1962, Pub. L.
                                                                          87-52
8, Sec.  12, 76 Stat. 149; Aug.
                                                                          5, 19
74, Pub. L. 93-366, Sec.  107, 88
                                                                          Stat.
 414; Jan. 3, 1975, Pub. L. 93-
                                                                          633, 
Sec.  113(b), 88 Stat. 2162; Oct.
                                                                          24, 1
978, Pub. L. 95-504, Sec.  35(a),
                                                                          92 St
at. 1740; Aug. 8, 1985, Pub. L.
                                                                          99-83
, Sec.  551(b)(2), 99 Stat. 225;
                                                                          Dec. 
30, 1987, Pub. L. 100-223, Sec.
                                                                          204(a
)- (c), 101 Stat. 1519; Nov. 18,
                                                                          1988,
 Pub. L. 100-690, Sec.  7208(a),
                                                                          102 S
tat. 4429.
                                        49 App.:1655(c)(1).              Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(c)(
1), 80 Stat. 938; Jan. 12, 1983,
                                                                          Pub. 
L. 97-449, Sec.  7(b), 96 Stat.
                                                                          2444.
46301(b)..............................  49 App.:1374(d)(2).              Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  404(d)(2); added Dec. 22,
                                                                          1987,
 Pub. L. 100-202, Sec.  328(a),
                                                                          101 S
tat. 1329-383.
46301(c)..............................  49 App.:1471(a)(1) (3d, 5th
                                         sentences less subchapter
                                         VII).
                                        49 App.:1551(b)(1)(E).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  1601(b)(1)(E); added Oct.
                                                                          4, 19
84, Pub. L. 98-443, Sec.  3(e),
                                                                          98 St
at. 1704.
46301(d)(1)...........................  49 App.:1471(a)(3)(H).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  901(a)(3) (less (D)(v)
                                                                          (rela
ted to Administrator under title
                                                                          VII))
; added Nov. 18, 1988, Pub. L.
                                                                          100-6
90, Sec.  7208(b), 102 Stat.
                                                                          4429;
 restated Aug. 26, 1992, Pub. L.
                                                                          102-3
45, Sec.  2(a), 106 Stat. 923;
                                                                          Oct. 
31, 1992, Pub. L. 102-581, Sec.
                                                                          208, 
106 Stat. 4895.
46301(d)(2)...........................  49 App.:1303 (note).             Nov. 1
8, 1988, Pub. L. 100-690, Sec.
                                                                          7214,
 102 Stat. 4434.
                                        49 App.:1471(a)(3)(A).
46301(d)(3)...........................  49 App.:1471(a)(3)(B).
46301(d)(4)...........................  49 App.:1471(a)(3)(C).
46301(d)(5)...........................  49 App.:1471(a) (3)(D)(i)-(iv).
46301(d)(6)...........................  49 App.:1471(a) (3)(D)(v) (less
                                         Administrator under subch.
                                         VII).
46301(d)(7)...........................  49 App.:1471(a)(3)(E).
46301(d)(8)...........................  49 App.:1471(a)(3)(G).
46301(d)(9)...........................  49 App.:1471(a)(3)(F).
46301(e)..............................  49 App.:1471(a)(1) (4th
                                         sentence less subchapter VII).
46301(f)..............................  49 App.:1471(a)(2) (related to   Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         subchapter III, V, VI, or XII,   901(a
)(2) (related to title III, V,
                                         Sec.  1501, 1514, or             VI, o
r XII, Sec.  1101, 1114, or
                                         1515(e)(2)(B), and Postal        1115(
e)(2)(B), and Postmaster
                                         Service).                        Gener
al), 72 Stat. 784; July 10, 1962,
                                                                          Pub. 
L. 87-528, Sec.  12, 76 Stat.
                                                                          150; 
restated Oct. 24, 1978, Pub. L.
                                                                          95-50
4, Sec.  35(b), 92 Stat. 1740;
                                                                          Dec. 
30, 1987, Pub. L. 100-223, Sec.
                                                                          204(d
), 101 Stat. 1519.
                                        49 App.:1551(b)(1)(E).
46301(g)..............................  49 App.:1471(a)(1) (6th
                                         sentence less subchapter VII).
                                        49 App.:1551(b)(1)(E).
46301(h)..............................  49 App.:1471(a)(1) (last
                                         sentence less subchapter VII).
                                        49 App.:1551(b)(1)(E).
-------------------------------------------------------------------------------
---------------------------------

    In this section, the word ``prescribed'' is added for consistency in 
the revised title and with other titles of the United States Code. The 
words ``United States Postal Service'' and ``Postal Service'' are 
substituted for ``Postmaster General'' because of section 4(a) of the 
Postal Reorganization Act (Public Law 91-375, 84 Stat. 773).
    In subsections (a)(1)(C) and (c), the words ``condition, or 
limitation'' are omitted as surplus.
    In subsection (a)(2), before clause (A), the words ``occurring after 
December 30, 1987'' are omitted as obsolete.
    In subsection (b)(1), the word ``providing'' is substituted for 
``engaged in'' for consistency in the revised title.
    In subsection (b)(2), the words ``in accordance with section 1471 of 
this Appendix'' are omitted as surplus.
    In subsection (c)(1), before clause (A), the words ``or his 
delegate'' are omitted because of 49:322(b). The word ``impose'' is 
substituted for ``assessed'' for consistency. The words ``amount of any 
such'' are omitted as surplus.
    In subsection (d), the word ``impose'' is substituted for ``assess'' 
for consistency.
    In subsection (d)(1), before clause (A), the words ``the following 
definitions apply'' are omitted as surplus.
    In subsection (d)(2), the text of section 7214 of the Anti-Drug 
Abuse Act of 1988 (Public Law 100-690, 102 Stat 4434) is omitted as 
obsolete. The words ``or the delegate of the Administrator'' are omitted 
because of 49:322(b).
    In subsection (d)(4)(C), the word ``or'' is substituted for ``and'' 
for clarity.
    In subsection (d)(5)(B) and (7)(A), the words ``in accordance with 
section 554 of title 5'' are omitted for consistency in the revised 
title and because 5:554 applies to a hearing on the record unless 
otherwise stated.
    In subsection (d)(5)(B), the words ``consistent with this 
subsection'' are omitted as surplus.
    In subsection (d)(5)(C), the word ``Administrator'' is substituted 
for ``Federal Aviation Administration'' because of 49:106(b) and (g).
    In subsection (d)(7)(B), before clause (i), the words ``as the 
result of a hearing under subparagraph (A) of this paragraph'' are added 
for clarity.
    In subsection (e), before clause (1), the words ``civil penalty 
under subsection (a)(3) of this section related to transportation of 
hazardous material'' are substituted for ``such penalty'' for clarity. 
In clause (1), the word ``committed'' is omitted as surplus.
    In subsection (f)(2), the word ``imposed'' is substituted for ``when 
finally determined or fixed by order of the Board'' for consistency. The 
words ``agreed upon'' are omitted as surplus.
    In subsection (g), the word ``imposing'' is substituted for 
``assessing'' for consistency.
    In subsection (h)(2), the words ``with respect thereto'' are omitted 
as surplus. The word ``Administrator'' in section 901(a)(1) of the 
Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 783) is 
retained on authority of 49:106(g).


                             Pub. L. 103-429

    This amends 49:46301(a)(1)(A) and (2)(A), (c)(1)(A), (d)(2), and 
(f)(1)(A)(i) to correct erroneous cross-references.


                 Pub. L. 104-287, Sec. 5(77)(A) and (B)

    These amend 49:46301(a)(1)(A) and (2)(A) to correct errors in the 
codification enacted by section 1 of the Act of July 5, 1994 (Public Law 
103-272, 108 Stat. 1231), to include in the cross-reference sections 
enacted after the cutoff date for the codification of title 49 as 
enacted by section 1 of the Act (Public Law 103-272, 108 Stat. 745), and 
to make it easier to include future sections in the cross-reference by 
restating it in terms of chapters.


                     Pub. L. 104-287, Sec. 5(77)(C)

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


                   Pub. L. 104-287, Sec. 5(77)(D)-(F)

    These amend 49:46301(c)(1)(A), (d)(2), and (f)(1)(A)(i) to correct 
errors in the codification enacted by section 1 of the Act of July 5, 
1994 (Public Law 103-272, 108 Stat. 1231), to include in the cross-
reference sections enacted after the cutoff date for the codification of 
title 49 as enacted by section 1 of the Act (Public Law 103-272, 108 
Stat. 745), and to make it easier to include future sections in the 
cross-reference by restating it in terms of chapters.


                               Amendments

    1997--Subsecs. (a)(1)(A), (2)(A), (d)(2), (f)(1)(A)(i). Pub. L. 105-
102 repealed Pub. L. 104-264, Secs. 502(c), 1220(b). See 1996 Amendment 
notes below.
    1996--Subsec. (a)(1)(A). Pub. L. 104-287, Sec. 5(77)(A)(iii), (iv), 
inserted ``or'' after ``46303,'' and struck out ``, or 41715'' after 
``under such section)''.
    Pub. L. 104-287, Sec. 5(77)(A)(ii), substituted ``section 44502(b) 
or (c), chapter 447 (except sections 44717 and 44719-44723), chapter 449 
(except sections 44902, 44903(d), 44904, 44907(a)-(d)(1)(A) and 
(d)(1)(C)-(f), and 44908), or section'' for ``or any of sections 
44701(a) or (b), 44702-44716, 44901, 44903(b) or (c), 44905, 44906, 
44907(d)(1)(B), 44909(a), 44912-44915, 44932-44938,''.
    Pub. L. 104-287, Sec. 5(77)(A)(i), substituted ``chapter 413 (except 
sections 41307 and 41310(b)-(f)), chapter 415 (except sections 41502, 
41505, and 41507-41509), chapter 417 (except sections 41703, 41704, 
41710, 41713, and 41714),'' for ``any of sections 41301-41306, 41308-
41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705-
41709, 41711, 41712, or 41731-41742,''.
    Pub. L. 104-264, Sec. 1220(b), which directed amendment of subpar. 
(A) by inserting ``44718(d),'' after ``44716,'', was repealed by Pub. L. 
105-102.
    Pub. L. 104-264, Sec. 502(c)(1), which directed amendment of subpar. 
(A) by inserting ``44724,'' after ``44718(d),'', was repealed by Pub. L. 
105-102.
    Subsec. (a)(2)(A). Pub. L. 104-287, Sec. 5(77)(B), substituted ``, 
section 44502(b) or (c), chapter 447 (except sections 44717-44723), or 
chapter 449 (except sections 44902, 44903(d), 44904, and 44907-44909)'' 
for ``or any of sections 44701(a) or (b), 44702-44716, 44901, 44903(b) 
or (c), 44905, 44906, 44912-44915, or 44932-44938''.
    Pub. L. 104-264, Sec. 502(c)(2), which directed amendment of subpar. 
(A) by inserting ``44724,'' after ``44716,'', was repealed by Pub. L. 
105-102.
    Subsec. (a)(3). Pub. L. 104-287, Sec. 5(77)(C), realigned margins of 
subpars. (A) and (B).
    Subsec. (a)(5). Pub. L. 104-264, Sec. 804(b), amended par. (5) 
generally. Prior to amendment, par. (5) read as follows: ``In the case 
of a violation of section 47107(b) of this title, the maximum civil 
penalty for a continuing violation shall not exceed $50,000.''
    Subsec. (c)(1)(A). Pub. L. 104-287, Sec. 5(77)(D)(ii), (iii), struck 
out ``or'' before ``subchapter II'' and inserted ``, or section 44909'' 
before ``of this title''.
    Pub. L. 104-287, Sec. 5(77)(D)(i), substituted ``chapter 413 (except 
sections 41307 and 41310(b)-(f)), chapter 415 (except sections 41502, 
41505, and 41507-41509), chapter 417 (except sections 41703, 41704, 
41710, 41713, and 41714),'' for ``any of sections 41301-41306, 41308-
41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705-
41709, 41711, 41712, or 41731-41742,''.
    Subsec. (d)(2). Pub. L. 104-287, Sec. 5(77)(E), substituted 
``section 44502(b) or (c), chapter 447 (except sections 44717 and 44719-
44723), chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)-
(d)(1)(A) and (d)(1)(C)-(f), 44908, and 44909), or section'' for ``or 
any of sections 44701(a) or (b), 44702-44716, 44901, 44903(b) or (c), 
44905, 44906, 44907(d)(1)(B), 44912-44915, 44932-44938,''.
    Pub. L. 104-264, Sec. 1220(b), which directed amendment of par. (2) 
by inserting ``44718(d),'' after ``44716,'', was repealed by Pub. L. 
105-102.
    Pub. L. 104-264, Sec. 502(c)(1), which directed amendment of par. 
(2) by inserting ``44724,'' after ``44718(d),'', was repealed by Pub. L. 
105-102.
    Subsec. (f)(1)(A)(i). Pub. L. 104-287, Sec. 5(77)(F), substituted 
``section 44502(b) or (c), chapter 447 (except sections 44717 and 44719-
44723), or chapter 449 (except sections 44902, 44903(d), 44904, 
44907(a)-(d)(1)(A) and (d)(1)(C)-(f), 44908, and 44909)'' for ``or any 
of sections 44701(a) or (b), 44702-44716, 44901, 44903(b) or (c), 44905, 
44906, 44907(d)(1)(B), 44912-44915, or 44932-44938''.
    Pub. L. 104-264, Sec. 1220(b), which directed amendment of cl. (i) 
by inserting ``44718(d),'' after ``44716,'', was repealed by Pub. L. 
105-102.
    Pub. L. 104-264, Sec. 502(c)(1), which directed amendment of cl. (i) 
by inserting ``44724,'' after ``44718(d),'', was repealed by Pub. L. 
105-102.
    1994--Subsec. (a)(1)(A). Pub. L. 103-429, Sec. 6(60)(A), substituted 
``any of sections 41301-41306'' for ``section 41301-41306'' and ``any of 
sections 44701(a)'' for ``section 44701(a)''.
    Pub. L. 103-305, Sec. 207(c)(1), inserted ``, or 41715'' before ``of 
this title''.
    Pub. L. 103-305, Sec. 112(c)(1)(A), substituted ``46303, 47107(b) 
(including any assurance made under such section)'' for ``or 46303''.
    Subsec. (a)(2)(A). Pub. L. 103-429, Sec. 6(60)(B), substituted ``any 
of sections 44701(a)'' for ``section 44701(a)''.
    Subsec. (a)(4). Pub. L. 103-305, Sec. 207(c)(2), inserted ``(other 
than a violation of section 41715)'' after ``the violation'' in two 
places.
    Subsec. (a)(5). Pub. L. 103-305, Sec. 112(c)(1)(B), added par. (5).
    Subsec. (a)(6). Pub. L. 103-305, Sec. 207(c)(3), added par. (6).
    Subsec. (c)(1)(A). Pub. L. 103-429, Sec. 6(60)(C), substituted ``any 
of sections 41301-41306'' for ``section 41301-41306''.
    Subsec. (d)(2). Pub. L. 103-429, Sec. 6(60)(B), substituted ``any of 
sections 44701(a)'' for ``section 44701(a)''.
    Pub. L. 103-305, Sec. 112(c)(2), substituted ``46303, or 47107(b) 
(as further defined by the Secretary under section 47107(l) and 
including any assurance made under section 47107(b))'' for ``or 46303''.
    Subsec. (d)(7)(D). Pub. L. 103-305, Sec. 112(c)(3), added subpar. 
(D).
    Subsec. (f)(1)(A)(i). Pub. L. 103-429, Sec. 6(60)(B), substituted 
``any of sections 44701(a)'' for ``section 44701(a)''.


                    Effective Date of 1997 Amendment

    Pub. L. 105-102, Sec. 3(c), Nov. 20, 1997, 111 Stat. 2215, provided 
that the amendment made by section 3(c)(4) is effective Oct. 9, 1996.
    Amendment by Pub. L. 105-102 effective as if included in the 
provisions of the Act to which the amendment relates, see section 3(f) 
of Pub. L. 105-102, set out as a note under section 106 of this title.


                    Effective Date of 1996 Amendments

    Amendment by Pub. L. 104-287 effective July 5, 1994, see section 
8(1) of Pub. L. 104-287, set out as a note under section 5303 of this 
title.
    Amendment by section 502(c) of Pub. L. 104-264 applicable to any air 
carrier hiring an individual as a pilot whose application was first 
received by the carrier on or after the 120th day following Oct. 9, 
1996, see section 502(d) of Pub. L. 104-264, set out as a note under 
section 30305 of this title.
    Except as otherwise specifically provided, amendment by Pub. L. 104-
264 applicable only to fiscal years beginning after Sept. 30, 1996, and 
not to be construed as affecting funds made available for a fiscal year 
ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set out as 
a note under section 106 of this title.


                    Effective Date of 1994 Amendments

    Amendment by Pub. L. 103-429 effective July 5, 1994, see section 9 
of Pub. L. 103-429, set out as a note under section 321 of this title.
    Amendment by section 207(c) of Pub. L. 103-305 effective Feb. 1, 
1995, see section 207(d) of Pub. L. 103-305, set out as an Effective 
Date note under section 41715 of this title.


                            Savings Provision

    Pub. L. 102-345, Sec. 2(c), Aug. 26, 1992, 106 Stat. 925, provided 
that: ``Notwithstanding subsections (a) and (b) of this section, 
sections 901(a)(3) and 905 of the Federal Aviation Act of 1958 [Pub. L. 
85-726] as in effect on July 31, 1992, shall continue in effect on and 
after such date of enactment with respect to violations of the Federal 
Aviation Act of 1958 occurring before such date of enactment.''

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 1133, 1153, 40109, 
41110, 46304 of this title.
