Title 49 — TransportationRelease 119-73
§46106 Enforcement by the Department of Transportation
Title 49 › Subtitle SUBTITLE VII— - AVIATION PROGRAMS › Part PART A— - AIR COMMERCE AND SAFETY › Subpart subpart iv— - enforcement and penalties › Chapter CHAPTER 461— - INVESTIGATIONS AND PROCEEDINGS › § 46106
Summary
The Secretary of Transportation, or the TSA or FAA Administrator for their assigned duties, can sue a person in U.S. district court to enforce rules, orders, or permit and certificate terms. The case can be filed where the person does business or where the violation happened.
Full Legal Text
Title 49, §46106
Transportation — Source: USLM XML via OLRC
The Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation 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) may bring a civil action against a person in a district court of the United States to enforce this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this part. The action may be brought in the judicial district in which the person does business or the violation occurred.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large) 4610649 App.:1487(a) (related to Secretary and CAB).Aug. 23, 1958, Pub. L. 85–726, § 1007(a) (related to Administrator and CAB), 72 Stat. 796. 49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. 49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. The words “their duly authorized agents” are omitted as surplus. The words “may bring a civil action” are substituted for “may apply” for consistency in the revised title and with other titles of the United States Code and rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The word “prescribed” is added for consistency in the revised title and with other titles of the Code. The words “condition, or limitation” are omitted as being included in “term”. The text of 49 App.:1487(a) (words after semicolon related to Secretary and CAB) is omitted as surplus because of 28:1651 and rule 81(b) of the Federal Rules of Civil Procedure (28 App. U.S.C.).
Editorial Notes
Amendments
2018—Pub. L. 115–254, § 1991(f)(3), substituted “by the Administrator of the Federal Aviation Administration)” for “by the Administrator)”. Pub. L. 115–254, § 1991(f)(1), substituted “Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary”. 2001—Pub. L. 107–71, § 140(b)(7), substituted “Department of Transportation” for “Secretary of Transportation and Administrator of the Federal Aviation Administration” in section catchline. Pub. L. 107–71, § 140(b)(1), inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” after “(or”.
Reference
Citations & Metadata
Citation
49 U.S.C. § 46106
Title 49 — Transportation
Last Updated
Apr 6, 2026
Release point: 119-73