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.                                              
      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.                                                        
                                                                               
      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, 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                
      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, section 41301-41306, 41308-41310(a), 41501,           
            41503, 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         
      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), 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          
      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.                                        
            (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), or section 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                            
                (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.                          
                                                                               
        Sec. 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                 
      Transportation 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.                                       
                                                                               
        Sec. 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 transportation or intrastate air transportation, has on          
      or about the individual 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                 
      Transportation 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          
            subdivision 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.                                      
        Sec. 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 Attorney 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.                                        
                                                                               
      Sec. 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 Aeronautics 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.                    
                                                                               
      Sec. 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             
      subsection (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           
            displayed on an aircraft a mark that is false or misleading        
            about the nationality or registration of the aircraft;             
                (4) obtains a certificate authorized to be issued under        
            this part by knowingly and willfully falsifying or                 
            concealing a material 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 regulations 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                 
      Prevention 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.                                                              
            (d) Seizure and Forfeiture. -- (1) The Administrator of            
      Drug Enforcement or the Commissioner of Customs may seize and            
      forfeit under the customs laws an aircraft whose use is related          
      to a violation of subsection (b) of this section, or to aid or           
      facilitate a violation, regardless of whether a person is charged        
      with the violation.                                                      
            (2) An aircraft's use is presumed to have been related to a        
      violation of, or to aid or facilitate a violation of --                  
                (A) subsection (b)(1) of this section if the aircraft          
            certificate of registration has been forged or altered;            
                (B) subsection (b)(3) of this section if there is an           
            external display of false or misleading registration               
            numbers or country of registration;                                
                (C) subsection (b)(4) of this section if --                    
                    (i) the aircraft is registered to a false or               
                fictitious person; or                                          
                    (ii) the application form used to obtain the               
                aircraft certificate of registration contains a                
                material false statement;                                      
                (D) subsection (b)(5) of this section if the aircraft          
            was operated when it was not registered under section 44103        
            of this title; or                                                  
                (E) subsection (b)(9) of this section if the aircraft          
            has a fuel tank or fuel system that was installed or               
            altered --                                                         
                    (i) in violation of a regulation or requirement of         
                the Administrator of the Federal Aviation                      
                Administration; or                                             
                    (ii) if a certificate required to be issued for the        
                installation or alteration is not carried on the               
                aircraft.                                                      
            (3) The Administrator of the Federal Aviation                      
      Administration, the Administrator of Drug Enforcement, and the           
      Commissioner shall agree to a memorandum of understanding to             
      establish procedures to carry out this subsection.                       
            (e) Relationship to State Laws. -- This part does not              
      prevent a State from establishing a criminal penalty, including          
      providing for forfeiture and seizure of aircraft, for a person           
      that --                                                                  
                (1) knowingly and willfully forges or alters an                
            aircraft certificate of registration;                              
                (2) knowingly sells, uses, attempts to use, or                 
            possesses with the intent to use, a fraudulent aircraft            
            certificate of registration;                                       
                (3) knowingly and willfully displays or causes to be           
            displayed on an aircraft a mark that is false or misleading        
            about the nationality or registration of the aircraft; or          
                (4) obtains an aircraft certificate of registration            
            from the Administrator of the Federal Aviation                     
            Administration by --                                               
                    (A) knowingly and willfully falsifying or                  
                concealing a material fact;                                    
                    (B) making a false, fictitious, or fraudulent              
                statement; or                                                  
                    (C) making or using a false document knowing it            
                contains a false, fictitious, or fraudulent statement          
                or entry.                                                      
                                                                               
      Sec. 46307. Violation of national defense airspace                       
            A person that knowingly or willfully violates section              
      40103(b)(3) of this title or a regulation prescribed or order            
      issued under section 40103(b)(3) shall be fined under title 18,          
      imprisoned for not more than one year, or both.                          
                                                                               
      Sec. 46308. Interference with air navigation                             
            A person shall be fined under title 18, imprisoned for not         
      more than 5 years, or both, if the person --                             
                (1) with intent to interfere with air navigation in the        
            United States, exhibits in the United States a light or            
            signal at a place or in a way likely to be mistaken for a          
            true light or signal established under this part or for a          
            true light or signal used at an air navigation  facility;          
                (2) after a warning from the Administrator of the              
            Federal Aviation Administration, continues to maintain a           
            misleading light or signal; or                                     
                (3) knowingly interferes with the operation of a true          
            light or signal.                                                   
                                                                               
      Sec. 46309. Concession and price violations                              
            (a) Criminal Penalty for Offering, Granting, Giving, or            
      Helping To Obtain Concessions and Lower Prices. -- An air                
      carrier, foreign air carrier, ticket agent, or officer, agent, or        
      employee of an air carrier, foreign air carrier, or ticket agent         
      shall be fined under title 18 if the air carrier, foreign air            
      carrier, ticket agent, officer, agent, or employee --                    
                (1) knowingly and willfully offers, grants, or gives,          
            or causes to be offered, granted, or given, a rebate or            
            other concession in violation of this part; or                     
                (2) by any means knowingly and willfully assists, or           
            willingly allows, a person to obtain transportation or             
            services subject to this part at less than the price               
            lawfully in effect.                                                
            (b) Criminal Penalty for Receiving Rebates, Privileges, and        
      Facilities. -- A person shall be fined under title 18 if the             
      person by any means --                                                   
                (1) knowingly and willfully solicits, accepts, or              
            receives a rebate of a part of a price lawfully in effect          
            for the foreign air transportation of property, or a               
            service related to the foreign air transportation; or              
                (2) knowingly solicits, accepts, or receives a                 
            privilege or facility related to a matter the Secretary of         
            Transportation requires be specified in a currently                
            effective tariff applicable to the foreign air                     
            transportation of property.                                        
                                                                               
      Sec. 46310. Reporting and recordkeeping violations                       
            (a) General Criminal Penalty. -- An air carrier or an              
      officer, agent, or employee of an air carrier shall be fined             
      under title 18 for intentionally --                                      
                (1) failing to make a report or keep a record under            
            this part;                                                         
                (2) falsifying, mutilating, or altering a report or            
            record under this part; or                                         
                (3) filing a false report or record under this part.           
            (b) Safety Regulation Criminal Penalty. -- An air carrier          
      or an officer, agent, or employee of an air carrier shall be             
      fined under title 18, imprisoned for not more than 5 years, or           
      both, for intentionally falsifying or concealing a material fact,        
      or inducing reliance on a false statement of material fact, in a         
      report or record under section 44701(a) or (b) or 44702-44716 of         
      this title.                                                              
                                                                               
      Sec. 46311. Unlawful disclosure of information                           
             (a) Criminal Penalty. -- The Secretary of Transportation,         
      the Administrator of the Federal Aviation Administration with            
      respect to aviation safety duties and powers designated to be            
      carried out by the Administrator, or an officer or employee of           
      the Secretary or Administrator shall be fined under title 18,            
      imprisoned for not more than 2 years, or both, if the Secretary,         
      Administrator, officer, or employee knowingly and willfully              
      discloses information that --                                            
                (1) the Secretary, Administrator, officer, or employee         
            acquires when inspecting the records of an air carrier; or         
                (2) is withheld from public disclosure under section           
            40115 of this title.                                               
            (b) Nonapplication. -- Subsection (a) of this section does         
      not apply if --                                                          
                (1) the officer or employee is directed by the                 
             Secretary or Administrator to disclose information that           
             the Secretary or Administrator had ordered withheld; or           
                (2) the Secretary, Administrator, officer, or employee         
             is directed by a court of competent jurisdiction to               
             disclose the information.                                         
            (c) Withholding Information From Congress. -- This section         
      does not authorize the Secretary or Administrator to withhold            
      information from a committee of Congress authorized to have the          
      information.                                                             
                                                                               
      Sec. 46312. Transporting hazardous material                              
            A person shall be fined under title 18, imprisoned for not         
      more than 5 years, or both, if the person, in violation of a             
      regulation or requirement related to the transportation of               
      hazardous material prescribed by the Secretary of Transportation         
      under this part --                                                       
                (1) willfully delivers, or causes to be delivered,             
            property containing hazardous material to an air carrier or        
            to an operator of a civil aircraft for transportation in           
            air commerce; or                                                   
                (2) recklessly causes the transportation in air                
            commerce of the property.                                          
                                                                               
      Sec. 46313. Refusing to appear or produce records                        
            A person not obeying a subpena or requirement 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) to         
      appear and testify or produce records shall be fined under title         
      18, imprisoned for not more than one year, or both.                      
                                                                               
      Sec. 46314. Entering aircraft or airport area in violation of            
      security requirements                                                    
            (a) Prohibition. -- A person may not knowingly and                 
      willfully enter, in violation of security requirements prescribed        
      under section 44901, 44903(b) or (c), or 44906 of this title, an         
      aircraft or an airport area that serves an air carrier or foreign        
      air carrier.                                                             
            (b) Criminal Penalty. -- (1) A person violating subsection         
      (a) of this section shall be fined under title 18, imprisoned for        
      not more than one year, or both.                                         
            (2) A person violating subsection (a) of this section with         
      intent to commit, in the aircraft or airport area, a felony under        
      a law of the United States or a State shall be fined under title         
      18, imprisoned for not more than 10 years, or both.                      
                                                                               
      Sec. 46315. Lighting violations involving transporting controlled        
      substances by aircraft not providing air transportation                  
            (a) Application. -- This section applies only to aircraft          
      not used to provide air transportation.                                  
            (b) Criminal Penalty. -- A person shall be fined under             
      title 18, imprisoned for not more than 5 years, or both, if --           
                (1) the person knowingly and willfully operates an             
            aircraft in violation of a regulation or requirement of the        
            Administrator of the Federal Aviation Administration               
            related to the display of navigation or anticollision              
            lights;                                                            
                (2) the person is knowingly transporting a controlled          
            substance by aircraft or aiding or facilitating a                  
            controlled substance offense; and                                  
                (3) the transporting, aiding, or facilitating --               
                    (A) is punishable by death or imprisonment for more        
                than one year under a law of the United States or a            
                State; or                                                      
                    (B) is provided in connection with 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).               
                                                                               
      Sec. 46316. General criminal penalty when specific penalty not           
      provided                                                                 
            (a) Criminal Penalty. -- Except as provided by subsection          
      (b) of this section, when another criminal penalty is not                
      provided under this chapter, a person that knowingly and                 
      willfully violates 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) under this part, or any term of a certificate or          
      permit issued under section 41102, 41103, or 41302 of this title         
      shall be fined under title 18.  A separate violation occurs for          
      each day the violation continues.                                        
            (b) Nonapplication. -- Subsection (a) of this section does         
      not apply to chapter 401 (except sections 40103(a) and (d),              
      40105, 40116, and 40117), chapter 441 (except section 44109),            
      chapter 445, and sections 44701(a) and (b), 44702-44716, 44901,          
      44903(b) and (c), 44905, 44906, 44912-44915, and 44932-44938 of          
      this title.