Page:United States Statutes at Large Volume 108 Part 2.djvu/515

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1231 46307. Violation of national defense airspace. 46308. Interference with air navigation. 46309. Concession and price ^/iolations. 46310. Reporting and recordkeeping violations. 46311. Umawfiil disclosure of information. 46312. Transporting hazardous material. 46313. Refusing to appear or produce records. 46314. Entering aircraft or airport area in violation of seciirity requirements. 46315. Lighting violations involving transporting controlled substances by aircraft not providing air transportation. 46316. General criminm 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 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) 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 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 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- j 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 violations 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,

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