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Winant, John H., president, National Business Aircraft Association, Inc.:

Statement...
Supplemental response to Mr. Fary
Supplemental response to Mr. Snyder

166 208 212

ADDITIONS TO THE RECORD

286

289

Aerospace Industries Association of America, Inc., statement.
Aviation Consumer Action Project (ACAP), Cornish F. Hitchcock, associate

director, letter...
Corbett, J. J., vice president-Federal affairs, Airport Operators Council Inter-

national, statement... Reiber, Paul, attorney, International Air Leases, Inc., statement

295 305

PROVIDING ADDITIONAL CIVIL AND CRIMINAL PENALTIES FOR AVIATION SAFETY VIOLATIONS

TUESDAY, JULY 1, 1980

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON AVIATION,
COMMITTEE ON PUBLIC WORKS AND TRANSPORTATION,

Washington, D.C. The subcommittee met, pursuant to notice, at 10:15 a.m., in roor 2167, Rayburn House Office Building, Hon. Glenn M. Anderson (chairman of the subcommittee) presiding.

Mr. ANDERSON. The meeting of the Subcommittee on Aviation will come to order.

Today we begin hearings on H.R. 7488, an administration bill to establish increased civil and criminal penalties for violations of aviation statutes and regulations. Although the bill covers statutes and regulations of the Federal Aviation Administration, the Civil Aeronautics Board, the National Transportation Safety Board, and the Postal Service, we have been advised that only the FAA and CAB are asking for increased civil and criminal penalties at this time.

[The bill follows:)

(1)

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To amend title 49, United States Code, to provide additional criminal penalties

for safety violations; to increase civil penalty limits, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 4, 1980 Mr. Johnson of California (by request) introduced the following bill; which was

referred to the Committee on Public Works and Transportation

A BILL

To amend title 49, United States Code, to provide additional

criminal penalties for safety violations; to increase civil penalty limits, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That section 901(a)(1) of the Federal Aviation Act of 1958

4 (49 U.S.C. 1471(a)(1)) is amended:

5 (a) By amending the first sentence to read as follows: 6 “Any person who violates (A) any provision of title III, IV, 7 V, VI, VII, or XII or of section 1101 or 1114, of this Act,

8 or any rule, regulation, or order issued thereunder, or under

1 section 1002(i), or any term, condition, or limitation of any 2 permit or certificate issued under title IV, or (B) any rule or

3 regulation issued by the Postmaster General under this Act,

4 shall be subject to a civil penalty of not to exceed $25,000 5 for each such violation; except that the amount of such civil

6 penalty shall not exceed $10,000 for each such violation

7 which relates to the transportation of hazardous materials.".

8

(b) By adding a new fifth sentence which reads: “The

9 Secretary, or his delegate, may assess a civil penalty for a

10 violation, other than one relating to the transportation of haz

11 ardous materials or one in which the United States district

12 courts have exclusive jurisdiction pursuant to section 13 903(b)(2) of this Act, only after advising the person, against 14 whom the civil penalty is to be assessed, of any charges or 15 other reasons relied upon by the Secretary for the proposed 16 action and after providing such person an opportunity in writ17 ing or through an informal conference to answer any charges 18 and be heard as to why such civil penalty action should not 19 be taken, and such person may appeal such an assessment to 20 the Board as provided in section 609 of this Act.".

21

SEC. 2. Section 901(a)(2) of the Federal Aviation Act of

22 1958 (49 U.S.C. 1471(a)(2)) is amended by inserting “or of 23 section 1101 of title XI," into the first sentence so that it 24 reads in part: “Any such civil penalty may be compromised

1 by the Secretary of Transportation in the case of violations of

2 titles III, V, VI, or XII or of section 1101 of title XI,".

3

SEC. 3. Section 902(a) of the Federal Aviation Act of

4 1958 (49 U.S.C. 1472(a)) is amended by deleting present

5 section 902(a) and by adding the following in lieu thereof:

6 "SEC. 902(a) Any person who knowingly and willfully 7 violates any provisions of this Act (except titles III, V, VII,

8 and XII and section 1101 of title XI), or any order, rule, or

9 regulation issued by the Administrator or by the Board under 10 any such provision of any term, condition, or limitation of any

11 certificate or permit issued under title IV, for which no pen

12 alty is otherwise provided in this section or in section 904,

13 shall be deemed guilty of a misdemeanor and upon conviction 14 thereof shall be subject to a fine of not more than $25,000 or 15 to imprisonment for not more than one year, or both. If such 16 violation is a continuing one, each day of such violation shall 17 constitute a separate offense.".

18

SEC. 4. Section 902(e) of the Federal Aviation Act of

19 1958 (49 U.S.C. 1472(e)) is amended to read as follows:

20 "(e) Any person who shall knowingly and willfully fail 21 or refuse to make a report to the Board or Secretary of 22 Transportation as required by this Act, or to keep or pre

23 serve accounts, records, and memoranda in the form and

24 manner prescribed or approved by the Board or Secretary of 25 Transportation, or shall knowingly and willfully falsify, muti

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