Page:United States Statutes at Large Volume 76.djvu/197

This page needs to be proofread.
[76 Stat. 149]
PUBLIC LAW 87-000—MMMM. DD, 1962
[76 Stat. 149]

76 STAT. ]

PUBLIC LAW 87-528-JULY 10, 1962

beginning January 1, 1959, and ending December 31, 1961, inclusive, as determined by the Board. SEC. 10. The provisions of this Act shall in no way affect the authority of the Board— (1) to maintain any enforcement or compliance proceeding or action against the holder of a certificate of public convenience and necessity issued pursuant to Board order E-13436 of January 28, 1959, or Board order E-14196 of July 8, 1959, or against the holder of any interim operating authority conferred by the Board under paragraph (2) of the first section of Public Law 86-661 or under Board order E-9744 of November 15, 1955, which proceeding or action is pending before the Board on the date of enactment of this Act; or (2) to institute, on or after the date of enactment of this Act, any enforcement or compliance proceeding or action against the holder of any certificate or interim operating authority referred to in paragraph (1) of this section with respect to any violation of— (A) the Federal Aviation Act of 1958, (B) the provisions of such certificate, (C) the terms of such operating authority, or (D) the regulations of the Board, without regard to when such violation occurred. Any sanction which the Board lawfully could have imposed on the operating authority of the holder of any certificate or interim operating authority referred to in paragraph (1) of this section for any violation referred to in paragraph (2) of this section, which violation occurred prior to the issuance to such holder of a new interim certificate or new interim authority under section 7 of this Act or the issuance to such holder of a certificate of public convenience and necessity to engage in supplemental air transportation under paragraph (3) of section 401(d) of the Federal Aviation Act of 1958, may be imposed on the certificate or other operating authority issued to such holder under section 7 of this Act or under paragraph (3) of section 40r(d) of the Federal Aviation Act of 1958. SEC. 11. Any application of an air carrier heretofore consolidated into the Board proceeding known as the Large Iregular Air Carrier Investigation, Docket Numbered 5132 and others, shall be deemed to have been finally disposed of upon the date of enactment of this Act. SEC. 12. Section 901(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1471 (a)) is amended to read as follows:

149

74 Stat. 527.

49 USC 1301

Ante, p. 143.

72 Stat. 783.

"SAFETY, ECONOMIC, AND POSTAL OFFENSES

"SEC. 901. (a)(1) Any person who violates (A) any provision of title III, IV, V, VI, VII, or X II of this Act, or any rule, regulation, 49 USC 1341, or order issued thereunder, or under section 1002(i), or any term, con- J37i, i4oi, 1421, dition, or limitation of any permit or certificate issued under title IV, ' • ^ 82. or (B) any rule or regulation issued by the Postmaster General under this Act, shall be subject to a civil penalty of not to exceed $1,000 for each such violation. If such violation is a continuing one, each day of such violation shall constitute a separate offense: Provided, That this subsection shall not apply to members of the Armed Forces of the United States, or those civilian employees of the Department of Defense who are subject to the provisions of the Uniform Code of Military Justice, while e n g a ^ d in the performance of their official duties; 10 USC so 1-940. and the appropriate military authorities shall be responsible for taking any necessary disciplinary action with respect thereto and for making to the Administrator or Board, as appropriate, a timely report of any such action taken.