---
kind: "range"
citation: "49 U.S.C. §§ 46313–46320"
title: "49"
from: "46313"
to: "46320"
count: 8
release: "119-102"
url: "https://uscodex.org/usc/49/46313..46320"
---

# §46313. Refusing to appear or produce records


A person not obeying a subpoena or requirement of the Secretary of [Transportation](/usc/49/13907.md?p=e-2) (or the Administrator of the [Transportation](/usc/49/13907.md?p=e-2) Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the [Transportation](/usc/49/13907.md?p=e-2) 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) to appear and testify or produce records shall be fined under [title 18](/usc/18.md), imprisoned for not more than one year, or both.


# §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](/usc/49/44901.md), [44903(b)](/usc/49/44903.md?p=b) or [(c)](/usc/49/44903.md?p=c), or [44906](/usc/49/44906.md) of this title, an [aircraft](/usc/49/40102.md?p=a-6) or an [airport](/usc/49/40102.md?p=a-9) area that serves an [air carrier](/usc/49/40102.md?p=a-2) or [foreign air carrier](/usc/49/40102.md?p=a-21).
- (b) **Criminal Penalty.—**
  - (1) A person violating [subsection (a)](#a) of this section shall be fined under [title 18](/usc/18.md), imprisoned for not more than one year, or both.
  - (2) A person violating [subsection (a)](#a) of this section with intent to evade security procedures or restrictions or with intent to commit, in the [aircraft](/usc/49/40102.md?p=a-6) or [airport](/usc/49/40102.md?p=a-9) area, a felony under a law of the [United States](/usc/49/40102.md?p=a-46) or a [State](/usc/49/31132.md?p=8) shall be fined under [title 18](/usc/18.md), imprisoned for not more than 10 years, or both.
- (c) **Notice of Penalties.—**
  - (1) **In general.—** Each [operator](/usc/49/30501.md?p=6) of an [airport](/usc/49/40102.md?p=a-9) in the [United States](/usc/49/40102.md?p=a-46) that is required to establish an [air transportation](/usc/49/40102.md?p=a-5) security program pursuant to [section 44903(c)](/usc/49/44903.md?p=c) shall ensure that signs that meet such requirements as the Secretary of Homeland Security may prescribe providing notice of the penalties imposed under [section 46301(a)(5)(A)(i)](/usc/49/46301.md?p=a-5-A-i) and [subsection (b)](#b) of this section are displayed near all screening locations, all locations where passengers exit the sterile area, and such other locations at the [airport](/usc/49/40102.md?p=a-9) as the Secretary of Homeland Security determines appropriate.
  - (2) **Effect of signs on penalties.—** An individual shall be subject to a penalty imposed under [section 46301(a)(5)(A)(i)](/usc/49/46301.md?p=a-5-A-i) or [subsection (b)](#b) of this section without regard to whether signs are displayed at an [airport](/usc/49/40102.md?p=a-9) as required by [paragraph (1)](#c-1).

# §46315. Lighting violations involving transporting controlled substances by aircraft not providing air transportation

- (a) **Application.—** This section applies only to [aircraft](/usc/49/40102.md?p=a-6) not used to provide [air transportation](/usc/49/40102.md?p=a-5).
- (b) **Criminal Penalty.—** A person shall be fined under [title 18](/usc/18.md), imprisoned for not more than 5 years, or both, if—
  - (1) the person knowingly and willfully operates an [aircraft](/usc/49/40102.md?p=a-6) 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](/usc/49/40102.md?p=a-6) 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](/usc/49/40102.md?p=a-46) or a [State](/usc/49/31132.md?p=8); 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](/usc/49/40102.md?p=a-46) or a [State](/usc/49/31132.md?p=8) related to a controlled substance (except a law related to simple possession of a controlled substance).

# §46316. General criminal penalty when specific penalty not provided

- (a) **Criminal Penalty.—** Except as provided by [subsection (b)](#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](/usc/49/13907.md?p=e-2) (or the Administrator of the [Transportation](/usc/49/13907.md?p=e-2) Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the [Transportation](/usc/49/13907.md?p=e-2) 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) under this part, or any term of a certificate or permit issued under section [41102](/usc/49/41102.md), [41103](/usc/49/41103.md), or [41302](/usc/49/41302.md) of this title shall be fined under [title 18](/usc/18.md). A separate violation occurs for each day the violation continues.
- (b) **Nonapplication.—** [Subsection (a)](#a) of this section does not apply to [chapter 401](/usc/49/chstVII-ptA-spti-ch401.md) (except sections [40103(a)](/usc/49/40103.md?p=a) and [(d)](/usc/49/40103.md?p=d), [40105](/usc/49/40105.md), [40116](/usc/49/40116.md), and [40117](/usc/49/40117.md)), [chapter 441](/usc/49/chstVII-ptA-sptiii-ch441.md) (except [section 44109](/usc/49/44109.md)), [chapter 445](/usc/49/chstVII-ptA-sptiii-ch445.md), [chapter 447](/usc/49/chstVII-ptA-sptiii-ch447.md) (except [section 44718(a)](/usc/49/44718.md?p=a)), and [chapter 449](/usc/49/chstVII-ptA-sptiii-ch449.md) (except sections [44902](/usc/49/44902.md), [44903(d)](/usc/49/44903.md?p=d), [44904](/usc/49/44904.md), and 44907–44909) of this title.

# §46317. Criminal penalty for pilots operating in air transportation without an airman’s certificate

- (a) **General Criminal Penalty.—** An individual shall be fined under [title 18](/usc/18.md) or imprisoned for not more than 3 years, or both, if that individual—
  - (1) knowingly and willfully serves or attempts to serve in any capacity as an [airman](/usc/49/40102.md?p=a-8) operating an [aircraft](/usc/49/40102.md?p=a-6) in [air transportation](/usc/49/40102.md?p=a-5) without an [airman](/usc/49/40102.md?p=a-8)’s certificate authorizing the individual to serve in that capacity; or
  - (2) knowingly and willfully employs for service or uses in any capacity as an [airman](/usc/49/40102.md?p=a-8) to operate an [aircraft](/usc/49/40102.md?p=a-6) in [air transportation](/usc/49/40102.md?p=a-5) an individual who does not have an [airman](/usc/49/40102.md?p=a-8)’s certificate authorizing the individual to serve in that capacity.
- (b) **Controlled Substance Criminal Penalty.—**
  - (1) **Controlled substances defined.—** In this subsection, the term “controlled substance” has the meaning given that term in [section 102](/usc/49/102.md) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ([21 U.S.C. 802](/usc/21/802.md)).
  - (2) **Criminal penalty.—** An individual violating [subsection (a)](#a) shall be fined under [title 18](/usc/18.md) or imprisoned for not more than 5 years, or both, if the violation is related to transporting a [controlled substance](#b-1) by [aircraft](/usc/49/40102.md?p=a-6) or aiding or facilitating a [controlled substance](#b-1) violation and that transporting, aiding, or facilitating—
    - (A) is punishable by death or imprisonment of more than 1 year under a Federal or [State](/usc/49/31132.md?p=8) law; or
    - (B) is related to an act punishable by death or imprisonment for more than 1 year under a Federal or [State](/usc/49/31132.md?p=8) law related to a [controlled substance](#b-1) (except a law related to simple possession (as that term is used in [section 46306(c)](/usc/49/46306.md?p=c)) of a [controlled substance](#b-1)).
  - (3) **Terms of imprisonment.—** A term of imprisonment imposed under [paragraph (2)](#b-2) shall be served in addition to, and not concurrently with, any other term of imprisonment imposed on the individual subject to the imprisonment.

# §46318. Interference with cabin or flight crew

- (a) **General Rule.—** An individual who physically or sexually assaults or threatens to physically or sexually assault a member of the flight crew or cabin crew of a [civil aircraft](/usc/49/40102.md?p=a-16) or any other individual on the [aircraft](/usc/49/40102.md?p=a-6), or takes any action that poses an imminent threat to the safety of the [aircraft](/usc/49/40102.md?p=a-6) or other individuals on the [aircraft](/usc/49/40102.md?p=a-6) is liable to the [United States](/usc/49/40102.md?p=a-46) Government for a civil penalty of not more than $35,000.
- (b) **Compromise and Setoff.—**
  - (1) **Compromise.—** The Secretary may compromise the amount of a civil penalty imposed under this section.
  - (2) **Setoff.—** The [United States](/usc/49/40102.md?p=a-46) Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts the Government owes the person liable for the penalty.

# §46319. Permanent closure of an airport without providing sufficient notice

- (a) **Prohibition.—** A public [agency](/usc/49/114.md?p=n-2-A-i) (as defined in [section 47102](/usc/49/47102.md)) may not permanently close an [airport](/usc/49/40102.md?p=a-9) listed in the national plan of integrated [airport](/usc/49/40102.md?p=a-9) systems under [section 47103](/usc/49/47103.md) without providing written notice to the Administrator of the Federal Aviation Administration at least 30 days before the date of the closure.
- (b) **Publication of Notice.—** The Administrator shall publish each notice received under [subsection (a)](#a) in the Federal Register.
- (c) **Civil Penalty.—** A public [agency](/usc/49/114.md?p=n-2-A-i) violating [subsection (a)](#a) shall be liable for a civil penalty of $10,000 for each day that the [airport](/usc/49/40102.md?p=a-9) remains closed without having given the notice required by this section.

# §46320. Interference with wildfire suppression, law enforcement, or emergency response effort by operation of unmanned aircraft

- (a) **In General.—** Except as provided in [subsection (b)](#b), an individual who operates an unmanned [aircraft](/usc/49/40102.md?p=a-6) and in so doing knowingly or recklessly interferes with a [wildfire suppression](#d-2), law enforcement, or emergency response effort is liable to the [United States](/usc/49/40102.md?p=a-46) Government for a civil penalty of not more than $20,000.
- (b) **Exceptions.—** This section does not apply to the operation of an unmanned [aircraft](/usc/49/40102.md?p=a-6) conducted by a unit or [agency](/usc/49/114.md?p=n-2-A-i) of the [United States](/usc/49/40102.md?p=a-46) Government or of a [State](/usc/49/31132.md?p=8), tribal, or local government (including any individual conducting such operation pursuant to a contract or other agreement entered into with the unit or [agency](/usc/49/114.md?p=n-2-A-i)) for the purpose of protecting the public safety and welfare, including firefighting, law enforcement, or emergency response.
- (c) **Compromise and Setoff.—**
  - (1) **Compromise.—** The [United States](/usc/49/40102.md?p=a-46) Government may compromise the amount of a civil penalty imposed under this section.
  - (2) **Setoff.—** The [United States](/usc/49/40102.md?p=a-46) Government may deduct the amount of a civil penalty imposed or compromised under this section from the amounts the Government owes the person liable for the penalty.
- (d) **Definitions.—** In this section, the following definitions apply:
  - (1) **Wildfire.—** The term “wildfire” has the meaning given that term in section 2 of the Emergency Wildfire Suppression Act ([42 U.S.C. 1856m](/usc/42/1856m.md)).
  - (2) **Wildfire suppression.—** The term “wildfire suppression” means an effort to contain, extinguish, or suppress a [wildfire](#d-1).