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49 C.F.R. § 1503.401 : Transportation — OTHER REGULATIONS RELATING TO TRANSPORTATION — TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF HOMELAND SECURITY — ADMINISTRATIVE AND PROCEDURAL RULES — INVESTIGATIVE AND ENFORCEMENT PROCEDURES — ASSESSMENT OF CIVIL PENALTIES BY TSA — Maximum penalty amounts
Text
(a)
General.
TSA may assess civil penalties not exceeding the following amounts against a person for the violation of a TSA requirement.
(b)
In general.
Except as provided in paragraph (c) of this section, in the case of violation of title 49 U.S.C. or 46 U.S.C. chapter 701, or a regulation prescribed or order issued under any of those provisions, TSA may impose a civil penalty in the following amounts:
(1)
For violations that occurred on or before November 2, 2015, $10,000 per violation, up to a total of $50,000 per civil penalty action, in the case of an individual or small business concern ("small business concern" as defined in section 3 of the Small Business Act (
15 U.S.C. 632
) ). For violations that occurred after November 2, 2015, $13,785 per violation, up to a total of $68,928 per civil penalty action, in the case of an individual or small business concern; and
(2)
For violations that occurred on or before November 2, 2015, $10,000 per violation, up to a total of $400,000 per civil penalty action, in the case of any other person. For violations that occurred after November 2, 2015, $13,785 per violation, up to a total of $551,417 per civil penalty action, in the case of any other person.
(c)
Certain aviation related violations.
In the case of a violation of 49 U.S.C. chapter 449 (except sections 44902, 44903(d), 44907(a)-(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 44909), or
49 U.S.C. 46302
or
46303
, or a regulation prescribed or order issued under any of those provisions, TSA may impose a civil penalty in the following amounts:
(1)
For violations that occurred on or before November 2, 2015, $10,000 per violation, up to a total of $50,000 per civil penalty action, in the case of an individual or small business concern ("small business concern" as defined in section 3 of the Small Business Act (
15 U.S.C. 632
) ). For violations that occurred after November 2, 2015, $16,108 per violation, up to a total of $80,544 per civil penalty action, in the case of an individual (except an airman serving as an airman), or a small business concern.
(2)
For violations that occurred on or before November 2, 2015, $10,000 per violation, up to a total of $400,000 per civil penalty action, in the case of any other person (except an airman serving as an airman) not operating an aircraft for the transportation of passengers or property for compensation. For violations that occurred after November 2, 2015, $16,108 per violation, up to a total of $644,343 per civil penalty action, in the case of any other person (except an airman serving as an airman) not operating an aircraft for the transportation of passengers or property for compensation.
(3)
For violations that occurred on or before November 2, 2015, $25,000 per violation, up to a total of $400,000 per civil penalty action, in the case of a person operating an aircraft for the transportation of passengers or property for compensation (except an individual serving as an airman). For violations that occurred after November 2, 2015, $40,272 per violation, up to a total of $644,343 per civil penalty action, in the case of a person (except an individual serving as an airman) operating an aircraft for the transportation of passengers or property for compensation.
49 C.F.R. § 1503.401
81 FR 8583, 1/27/2017, as amended at 83 FR 13838, 4/2/2018; 84 FR 13512, 4/5/2019; 85 FR 36482, 6/17/2020; 86 FR 57544, 10/18/2021; 87 FR 1330, 1/11/2022; 88 FR 2186, 1/13/2023
81 FR 43005, 8/1/2016; 81 FR 8583, 1/27/2017, as amended at 83 FR 13838, 4/2/2018; 84 FR 13512, 4/5/2019; 85 FR 36482, 6/17/2020; 86 FR 57544, 10/18/2021; 87 FR 1330, 1/11/2022; 88 FR 2186, 1/13/2023
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