USCODE-2011-title49-subtitleVII-partA-subpartiii

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Page 919

§ 44709

TITLE 49—TRANSPORTATION

ity of 49:106(g). In clauses (1) and (2), the word ‘‘overhaul’’ is omitted as surplus. In clause (1), the words
‘‘course of’’ are omitted as surplus. In clause (3), the
words ‘‘in his opinion’’ are omitted as surplus.
AIRCRAFT REPAIR AND MAINTENANCE ADVISORY PANEL
Pub. L. 106–181, title VII, § 734, Apr. 5, 2000, 114 Stat.
170, provided that:
‘‘(a) ESTABLISHMENT OF PANEL.—The Administrator
[of the Federal Aviation Administration]—
‘‘(1) shall establish an aircraft repair and maintenance advisory panel to review issues related to the
use and oversight of aircraft and aviation component
repair and maintenance facilities (in this section referred to as ‘aircraft repair facilities’) located within,
or outside of, the United States; and
‘‘(2) may seek the advice of the panel on any issue
related to methods to increase safety by improving
the oversight of aircraft repair facilities.
‘‘(b) MEMBERSHIP.—The panel shall consist of—
‘‘(1) nine members appointed by the Administrator
as follows:
‘‘(A) three representatives of labor organizations
representing aviation mechanics;
‘‘(B) one representative of cargo air carriers;
‘‘(C) one representative of passenger air carriers;
‘‘(D) one representative of aircraft repair facilities;
‘‘(E) one representative of aircraft manufacturers;
‘‘(F) one representative of on-demand passenger
air carriers and corporate aircraft operations; and
‘‘(G) one representative of regional passenger air
carriers;
‘‘(2) one representative from the Department of
Commerce, designated by the Secretary of Commerce;
‘‘(3) one representative from the Department of
State, designated by the Secretary of State; and
‘‘(4) one representative from the Federal Aviation
Administration, designated by the Administrator.
‘‘(c) RESPONSIBILITIES.—The panel shall—
‘‘(1) determine the amount and type of work that is
being performed by aircraft repair facilities located
within, and outside of, the United States; and
‘‘(2) provide advice and counsel to the Secretary [of
Transportation] with respect to the aircraft and aviation component repair work performed by aircraft repair facilities and air carriers, staffing needs, and any
balance of trade or safety issues associated with that
work.
‘‘(d) DOT TO REQUEST INFORMATION FROM AIR CARRIERS AND REPAIR FACILITIES.—
‘‘(1) COLLECTION OF INFORMATION.—The Secretary,
by regulation, shall require air carriers, foreign air
carriers, domestic repair facilities, and foreign repair
facilities to submit such information as the Secretary may require in order to assess balance of trade
and safety issues with respect to work performed on
aircraft used by air carriers, foreign air carriers,
United States corporate operators, and foreign corporate operators.
‘‘(2) DRUG AND ALCOHOL TESTING INFORMATION.—Included in the information the Secretary requires
under paragraph (1) shall be information on the existence and administration of employee drug and alcohol testing programs in place at the foreign repair facilities, if applicable. The Secretary, if necessary,
shall work with the International Civil Aviation Organization to increase the number and improve the
administration of employee drug and alcohol testing
programs at the foreign repair facilities.
‘‘(3) DESCRIPTION OF WORK DONE.—Included in the information the Secretary requires under paragraph (1)
shall be information on the amount and type of work
performed on aircraft registered in and outside of the
United States.
‘‘(e) DOT TO FACILITATE COLLECTION OF INFORMATION
ABOUT AIRCRAFT MAINTENANCE.—The Secretary shall
facilitate the collection of information from the National Transportation Safety Board, the Federal Avia-

tion Administration, and other appropriate agencies regarding maintenance performed by aircraft repair facilities.
‘‘(f) DOT TO MAKE INFORMATION AVAILABLE TO PUBLIC.—The Secretary shall make any relevant information received under subsection (d) available to the public, consistent with the authority to withhold trade secrets or commercial, financial, and other proprietary
information under section 552 of title 5, United States
Code.
‘‘(g) TERMINATION.—The panel established under subsection (a) shall terminate on the earlier of—
‘‘(1) the date that is 2 years after the date of the enactment of this Act [Apr. 5, 2000]; or
‘‘(2) December 31, 2001.
‘‘(h) DEFINITIONS.—The definitions contained in section 40102 of title 49, United States Code, shall apply to
this section.’’

§ 44708. Inspecting and rating air navigation facilities
The Administrator of the Federal Aviation
Administration may inspect, classify, and rate
an air navigation facility available for the use of
civil aircraft on the suitability of the facility
for that use.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1190.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

44708 ..........

49 App.:1426 (1st sentence).

Aug. 23, 1958, Pub. L. 85–726,
§ 606 (1st sentence), 72
Stat. 779.
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.

49 App.:1655(c)(1).

The word ‘‘Administrator’’ in section 606 (1st sentence) of the Federal Aviation Act of 1958 (Public Law
85–726, 72 Stat. 779) is retained on authority of 49:106(g).

§ 44709. Amendments, modifications, suspensions,
and revocations of certificates
(a) REINSPECTION AND REEXAMINATION.—The
Administrator of the Federal Aviation Administration may reinspect at any time a civil aircraft, aircraft engine, propeller, appliance, design organization, production certificate holder,
air navigation facility, or air agency, or reexamine an airman holding a certificate issued under
section 44703 of this title.
(b) ACTIONS OF THE ADMINISTRATOR.—The Administrator may issue an order amending, modifying, suspending, or revoking—
(1) any part of a certificate issued under this
chapter if—
(A) the Administrator decides after conducting a reinspection, reexamination, or
other investigation that safety in air commerce or air transportation and the public
interest require that action; or
(B) the holder of the certificate has violated an aircraft noise or sonic boom standard or regulation prescribed under section
44715(a) of this title; and
(2) an airman certificate when the holder of
the certificate is convicted of violating section 13(a) of the Fish and Wildlife Act of 1956
(16 U.S.C. 742j–1(a)).
(c) ADVICE TO CERTIFICATE HOLDERS AND OPPORTUNITY TO ANSWER.—Before acting under

§ 44709

TITLE 49—TRANSPORTATION

subsection (b) of this section, the Administrator
shall advise the holder of the certificate of the
charges or other reasons on which the Administrator relies for the proposed action. Except in
an emergency, the Administrator shall provide
the holder an opportunity to answer the charges
and be heard why the certificate should not be
amended, modified, suspended, or revoked.
(d) APPEALS.—(1) A person adversely affected
by an order of the Administrator under this section may appeal the order to the National
Transportation Safety Board. After notice and
an opportunity for a hearing, the Board may
amend, modify, or reverse the order when the
Board finds—
(A) if the order was issued under subsection
(b)(1)(A) of this section, that safety in air commerce or air transportation and the public interest do not require affirmation of the order;
or
(B) if the order was issued under subsection
(b)(1)(B) of this section—
(i) that control or abatement of aircraft
noise or sonic boom and the public health
and welfare do not require affirmation of the
order; or
(ii) the order, as it is related to a violation
of aircraft noise or sonic boom standards and
regulations, is not consistent with safety in
air commerce or air transportation.
(2) The Board may modify a suspension or revocation of a certificate to imposition of a civil
penalty.
(3) When conducting a hearing under this subsection, the Board is not bound by findings of
fact of the Administrator but is bound by all
validly adopted interpretations of laws and regulations the Administrator carries out and of
written agency policy guidance available to the
public related to sanctions to be imposed under
this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not
according to law.
(e) EFFECTIVENESS OF ORDERS PENDING APPEAL.—
(1) IN GENERAL.—When a person files an appeal with the Board under subsection (d), the
order of the Administrator is stayed.
(2) EXCEPTION.—Notwithstanding paragraph
(1), the order of the Administrator is effective
immediately if the Administrator advises the
Board that an emergency exists and safety in
air commerce or air transportation requires
the order to be effective immediately.
(3) REVIEW OF EMERGENCY ORDER.—A person
affected by the immediate effectiveness of the
Administrator’s order under paragraph (2) may
petition for a review by the Board, under procedures promulgated by the Board, of the Administrator’s determination that an emergency exists. Any such review shall be requested not later than 48 hours after the order
is received by the person. If the Board finds
that an emergency does not exist that requires
the immediate application of the order in the
interest of safety in air commerce or air transportation, the order shall be stayed, notwithstanding paragraph (2). The Board shall dispose of a review request under this paragraph
not later than 5 days after the date on which
the request is filed.

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(4) FINAL DISPOSITION.—The Board shall
make a final disposition of an appeal under
subsection (d) not later than 60 days after the
date on which the appeal is filed.
(f) JUDICIAL REVIEW.—A person substantially
affected by an order of the Board under this section, or the Administrator when the Administrator decides that an order of the Board under
this section will have a significant adverse impact on carrying out this part, may obtain judicial review of the order under section 46110 of
this title. The Administrator shall be made a
party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1190;
Pub. L. 106–181, title VII, § 716, Apr. 5, 2000, 114
Stat. 162; Pub. L. 108–176, title II, § 227(c), Dec. 12,
2003, 117 Stat. 2532.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

44709(a) ......

49 App.:1429(a) (1st
sentence).

Aug. 23, 1958, Pub. L. 85–726,
§ 609(a) (1st–7th sentences,
8th–last sentences less Administrator under title
VII), 72 Stat. 779; Nov. 18,
1971, Pub. L. 92–159, § 2(a),
85 Stat. 481; Nov. 27, 1971,
Pub. L. 92–174, § 6, 85 Stat.
492; Aug. 26, 1992, Pub. L.
102–345, § 3(a)(1), 106 Stat.
925.
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.

49 App.:1655(c)(1).

44709(b) ......

49 App.:1429(a) (2d
sentence).
49 App.:1429(b).

49 App.:1431(e)
(words before 4th
comma).

44709(c) ......

44709(d)(1) ..

44709(d)(2) ..
44709(d)(3) ..
44709(e) ......
44709(f) .......

Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 609(b); added
Nov. 18, 1971, Pub. L.
92–159, § 2(a), 85 Stat. 481.
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 611(e); added
July 21, 1968, Pub. L.
90–411, § 1, 82 Stat. 395; restated Oct. 27, 1972, Pub.
L. 92–574, § 7(b), 86 Stat.
1241.

49 App.:1655(c)(1).
49 App.:1429(a) (3d
sentence).
49 App.:1431(e)
(words between
4th and 5th commas).
49 App.:1655(c)(1).
49 App.:1429(a) (4th
sentence).
49 App.:1431(e)
(words after 4th
comma).
49 App.:1429(a) (6th
sentence).
49 App.:1429(a) (5th
sentence).
49 App.:1655(c)(1).
49 App.:1429(a) (7th
sentence).
49 App.:1655(c)(1).
49 App.:1429(a)
(8th–last sentences less Administrator under
subch. VII).
49 App.:1655(c)(1).

In this section, the word ‘‘Administrator’’ in section
609(a) of the Federal Aviation Act of 1958 (Public Law
85–726, 72 Stat. 779) is retained on authority of 49:106(g).
The words ‘‘modifying’’, ‘‘modify’’, and ‘‘modified’’ are
omitted as surplus.
In subsection (a), the words ‘‘airman holding a certificate issued under section 44703 of this title’’ are substituted for ‘‘civil airman’’ for clarity.
In subsection (b)(1), before subclause (A), the words
‘‘certificate issued under this chapter’’ are substituted

Page 921

TITLE 49—TRANSPORTATION

for ‘‘type certificate, production certificate, airworthiness certificate, airman certificate, air carrier operating certificate, air navigation facility certificate (including airport operating certificate), or air agency
certificate’’ to eliminate unnecessary words.
In subsection (b)(2), the words ‘‘in his discretion’’ and
‘‘regarding the use or operation of an aircraft’’ in 49
App.:1429(b) are omitted as surplus.
In subsection (c), the words ‘‘cases of’’ in 49
App.:1429(a) are omitted as surplus.
In subsection (d)(1), before clause (A), the word ‘‘adversely’’ is substituted for ‘‘whose certificate is’’ in 49
App.:1429(a), and the words ‘‘an opportunity for a’’ are
added, for consistency in the revised title and with
other titles of the United States Code. The words ‘‘of
the FAA’’ in 49 App.:1431(e) are omitted as surplus.
In subsection (d)(2), the words ‘‘consistent with this
subsection’’ are omitted as surplus.
In subsection (d)(3), the word ‘‘Administrator’’ is substituted for ‘‘Federal Aviation Administration’’ because of 49:106(b) and (g).
In subsection (e), before clause (1), the words ‘‘the effectiveness of’’ are omitted as surplus.
AMENDMENTS
2003—Subsec. (a). Pub. L. 108–176 inserted ‘‘design organization, production certificate holder,’’ after ‘‘appliance,’’.
2000—Subsec. (e). Pub. L. 106–181 amended heading
and text of subsec. (e) generally. Prior to amendment,
text read as follows: ‘‘When a person files an appeal
with the Board under subsection (d) of the section, the
order of the Administrator is stayed. However, if the
Administrator advises the Board that an emergency exists and safety in air commerce or air transportation
requires the order to be effective immediately—
‘‘(1) the order is effective; and
‘‘(2) the Board shall make a final disposition of the
appeal not later than 60 days after the Administrator
so advises the Board.’’
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L.
108–176, set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

§ 44710. Revocations of airman certificates for
controlled substance violations
(a) DEFINITION.—In this section, ‘‘controlled
substance’’ has the same meaning given that
term in section 102 of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21
U.S.C. 802).
(b) REVOCATION.—(1) The Administrator of the
Federal Aviation Administration shall issue an
order revoking an airman certificate issued an
individual under section 44703 of this title after
the individual is convicted, under a law of the
United States or a State related to a controlled
substance (except a law related to simple possession of a controlled substance), of an offense
punishable by death or imprisonment for more
than one year if the Administrator finds that—
(A) an aircraft was used to commit, or facilitate the commission of, the offense; and
(B) the individual served as an airman, or
was on the aircraft, in connection with committing, or facilitating the commission of, the
offense.

§ 44710

(2) The Administrator shall issue an order revoking an airman certificate issued an individual under section 44703 of this title if the Administrator finds that—
(A) the individual knowingly carried out an
activity punishable, under a law of the United
States or a State related to a controlled substance (except a law related to simple possession of a controlled substance), by death or
imprisonment for more than one year;
(B) an aircraft was used to carry out or facilitate the activity; and
(C) the individual served as an airman, or
was on the aircraft, in connection with carrying out, or facilitating the carrying out of, the
activity.
(3) The Administrator has no authority under
paragraph (1) of this subsection to review whether an airman violated a law of the United States
or a State related to a controlled substance.
(c) ADVICE TO HOLDERS AND OPPORTUNITY TO
ANSWER.—Before the Administrator revokes a
certificate under subsection (b) of this section,
the Administrator must—
(1) advise the holder of the certificate of the
charges or reasons on which the Administrator
relies for the proposed revocation; and
(2) provide the holder of the certificate an
opportunity to answer the charges and be
heard why the certificate should not be revoked.
(d) APPEALS.—(1) An individual whose certificate is revoked by the Administrator under subsection (b) of this section may appeal the revocation order to the National Transportation
Safety Board. The Board shall affirm or reverse
the order after providing notice and an opportunity for a hearing on the record. When conducting the hearing, the Board is not bound by
findings of fact of the Administrator but shall
be bound by all validly adopted interpretations
of laws and regulations the Administrator carries out and of written agency policy guidance
available to the public related to sanctions to be
imposed under this section unless the Board
finds an interpretation is arbitrary, capricious,
or otherwise not according to law.
(2) When an individual files an appeal with the
Board under this subsection, the order of the Administrator revoking the certificate is stayed.
However, if the Administrator advises the Board
that safety in air transportation or air commerce requires the immediate effectiveness of
the order—
(A) the order remains effective; and
(B) the Board shall make a final disposition
of the appeal not later than 60 days after the
Administrator so advises the Board.
(3) An individual substantially affected by an
order of the Board under this subsection, or the
Administrator when the Administrator decides
that an order of the Board will have a significant adverse effect on carrying out this part,
may obtain judicial review of the order under
section 46110 of this title. The Administrator
shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.
(e) ACQUITTAL.—(1) The Administrator may
not revoke, and the Board may not affirm a rev-