US (United States) Code. Title 49. Subtitle VII. Part A. Subpart III. Chapter 447: Safety Regulation

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation

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-CITE-

49 USC CHAPTER 447 - SAFETY REGULATION 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

CHAPTER 447 - SAFETY REGULATION

-MISC1-

Sec.

44701. General requirements.

44702. Issuance of certificates.

44703. Airman certificates.

44704. Type certificates, production certificates, and

airworthiness certificates.

44705. Air carrier operating certificates.

44706. Airport operating certificates.

44707. Examining and rating air agencies.

44708. Inspecting and rating air navigation facilities.

44709. Amendments, modifications, suspensions, and

revocations of certificates.

44710. Revocations of airman certificates for controlled

substance violations.

44711. Prohibitions and exemption.

44712. Emergency locator transmitters.

44713. Inspection and maintenance.

44714. Aviation fuel standards.

44715. Controlling aircraft noise and sonic boom.

44716. Collision avoidance systems.

44717. Aging aircraft.

44718. Structures interfering with air commerce.

44719. Standards for navigational aids.

44720. Meteorological services.

44721. Aeronautical charts and related products and services.

44722. Aircraft operations in winter conditions.

44723. Annual report.

44724. Manipulation of flight controls.

44725. Life-limited aircraft parts.

44726. Denial and revocation of certificate for counterfeit

parts violations.

AMENDMENTS

2000 - Pub. L. 106-181, title V, Secs. 504(c), 505(a)(2), title

VI, Sec. 603(b), Apr. 5, 2000, 114 Stat. 134, 136, 152, substituted

"Aeronautical charts and related products and services" for

"Aeronautical maps and charts" in item 44721 and added items 44725

and 44726.

1996 - Pub. L. 104-264, title VI, Sec. 602(a)(2), Oct. 9, 1996,

110 Stat. 3264, added item 44724.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 106, 46301, 46316 of this

title; title 10 section 2640; title 11 section 1110.

-End-

-CITE-

49 USC Sec. 44701 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44701. General requirements

-STATUTE-

(a) Promoting Safety. - The Administrator of the Federal Aviation

Administration shall promote safe flight of civil aircraft in air

commerce by prescribing -

(1) minimum standards required in the interest of safety for

appliances and for the design, material, construction, quality of

work, and performance of aircraft, aircraft engines, and

propellers;

(2) regulations and minimum standards in the interest of safety

for -

(A) inspecting, servicing, and overhauling aircraft, aircraft

engines, propellers, and appliances;

(B) equipment and facilities for, and the timing and manner

of, the inspecting, servicing, and overhauling; and

(C) a qualified private person, instead of an officer or

employee of the Administration, to examine and report on the

inspecting, servicing, and overhauling;

(3) regulations required in the interest of safety for the

reserve supply of aircraft, aircraft engines, propellers,

appliances, and aircraft fuel and oil, including the reserve

supply of fuel and oil carried in flight;

(4) regulations in the interest of safety for the maximum hours

or periods of service of airmen and other employees of air

carriers; and

(5) regulations and minimum standards for other practices,

methods, and procedure the Administrator finds necessary for

safety in air commerce and national security.

(b) Prescribing Minimum Safety Standards. - The Administrator may

prescribe minimum safety standards for -

(1) an air carrier to whom a certificate is issued under

section 44705 of this title; and

(2) operating an airport serving any passenger operation of air

carrier aircraft designed for at least 31 passenger seats.

(c) Reducing and Eliminating Accidents. - The Administrator shall

carry out this chapter in a way that best tends to reduce or

eliminate the possibility or recurrence of accidents in air

transportation. However, the Administrator is not required to give

preference either to air transportation or to other air commerce in

carrying out this chapter.

(d) Considerations and Classification of Regulations and

Standards. - When prescribing a regulation or standard under

subsection (a) or (b) of this section or any of sections

44702-44716 of this title, the Administrator shall -

(1) consider -

(A) the duty of an air carrier to provide service with the

highest possible degree of safety in the public interest; and

(B) differences between air transportation and other air

commerce; and

(2) classify a regulation or standard appropriate to the

differences between air transportation and other air commerce.

(e) Bilateral Exchanges of Safety Oversight Responsibilities. -

(1) In general. - Notwithstanding the provisions of this

chapter, the Administrator, pursuant to Article 83 bis of the

Convention on International Civil Aviation and by a bilateral

agreement with the aeronautical authorities of another country,

may exchange with that country all or part of their respective

functions and duties with respect to registered aircraft under

the following articles of the Convention: Article 12 (Rules of

the Air); Article 31 (Certificates of Airworthiness); or Article

32a (Licenses of Personnel).

(2) Relinquishment and acceptance of responsibility. - The

Administrator relinquishes responsibility with respect to the

functions and duties transferred by the Administrator as

specified in the bilateral agreement, under the Articles listed

in paragraph (1) for United States-registered aircraft described

in paragraph (4)(A) transferred abroad and accepts responsibility

with respect to the functions and duties under those Articles for

aircraft registered abroad and described in paragraph (4)(B) that

are transferred to the United States.

(3) Conditions. - The Administrator may predicate, in the

agreement, the transfer of functions and duties under this

subsection on any conditions the Administrator deems necessary

and prudent, except that the Administrator may not transfer

responsibilities for United States registered aircraft described

in paragraph (4)(A) to a country that the Administrator

determines is not in compliance with its obligations under

international law for the safety oversight of civil aviation.

(4) Registered aircraft defined. - In this subsection, the term

"registered aircraft" means -

(A) aircraft registered in the United States and operated

pursuant to an agreement for the lease, charter, or interchange

of the aircraft or any similar arrangement by an operator that

has its principal place of business or, if it has no such place

of business, its permanent residence in another country; and

(B) aircraft registered in a foreign country and operated

under an agreement for the lease, charter, or interchange of

the aircraft or any similar arrangement by an operator that has

its principal place of business or, if it has no such place of

business, its permanent residence in the United States.

(f) Exemptions. - The Administrator may grant an exemption from a

requirement of a regulation prescribed under subsection (a) or (b)

of this section or any of sections 44702-44716 of this title if the

Administrator finds the exemption is in the public interest.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1185; Pub. L.

103-429, Sec. 6(55), Oct. 31, 1994, 108 Stat. 4385; Pub. L.

106-181, title VII, Sec. 714, Apr. 5, 2000, 114 Stat. 161.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44701(a) 49 App.:1421(a). Aug. 23, 1958, Pub. L.

85-726, Secs. 601(a), (b)

(1st sentence related to

standards, rules, and

regulations, last sentence),

(c), 604(a) (related to

standards), 72 Stat. 775,

778.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

44701(b) 49 App.:1424(a)

(related to

standards).

49 App.:1432(a) Aug. 23, 1958, Pub. L.

(related to 85-726, 72 Stat. 731, Sec.

standards). 612(a) (related to

standards); added May 21,

1970, Pub. L. 91-258, Sec.

51(b)(1), 84 Stat. 234;

restated Sept. 3, 1982, Pub.

L. 97-248, Sec. 525(a), 96

Stat. 697.

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

44701(c) 49 App.:1421(b)

(last sentence).

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

44701(d) 49 App.:1421(b)

(1st sentence

related to

standards, rules,

and regulations).

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

44701(e) 49 App.:1421(c).

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

--------------------------------------------------------------------

In this section, the word "Administrator" in sections 601(a)-(c)

and 604 of the Federal Aviation Act of 1958 (Public Law 85-726, 72

Stat. 775, 778) is retained on authority of 49:106(g).

In subsection (a), before clause (1), the words "is empowered and

it . . . be his duty to" and "and revising from time to time" are

omitted as surplus. In clause (1), the words "as may be" are

omitted as surplus. In clauses (2)-(5), the words "Reasonable" and

"reasonable" are omitted as surplus and the word "rules" is omitted

as being synonymous with "regulations". In clause (5), the words

"to provide adequately" are omitted as surplus.

In subsection (b)(1), the words "the operation of" are omitted as

surplus. The words "under section 44705 of this title" are added

for clarity.

In subsection (b)(2), the words "scheduled or unscheduled" are

omitted as surplus.

In subsection (c), the words "carry out" are substituted for

"exercise and perform his powers and duties under", and the words

"in carrying out" are substituted for "in the administration and

enforcement of", for consistency and to eliminate unnecessary

words.

In subsection (d), before clause (1), the word "rules" is omitted

as being synonymous with "regulations". In clause (1), before

subclause (A), the word "full" is omitted as surplus. In clause

(1)(A), the word "provide" is substituted for "perform" for

consistency in the revised title.

In subsection (e), the words "from time to time" are omitted as

surplus. The word "rule" is omitted as being synonymous with

"regulation".

PUB. L. 103-429

This amends 49:44701(d) and (e) to correct erroneous

cross-references.

AMENDMENTS

2000 - Subsecs. (e), (f). Pub. L. 106-181 added subsec. (e) and

redesignated former subsec. (e) as (f).

1994 - Subsecs. (d), (e). Pub. L. 103-429 substituted "any of

sections 44702-44716" for "section 44702-44716".

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.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

AIR TRANSPORTATION OVERSIGHT SYSTEM

Pub. L. 106-181, title V, Sec. 513, Apr. 5, 2000, 114 Stat. 144,

provided that:

"(a) Report. - Not later than August 1, 2000, the Administrator

[of the Federal Aviation Administration] shall transmit to the

Committee on Transportation and Infrastructure of the House of

Representatives and the Committee on Commerce, Science, and

Transportation of the Senate a report on the progress of the

Federal Aviation Administration in implementing the air

transportation oversight system, including in detail the training

of inspectors under the system, the number of inspectors using the

system, air carriers subject to the system, and the budget for the

system.

"(b) Required Contents. - At a minimum, the report shall indicate

-

"(1) any funding or staffing constraints that would adversely

impact the Administration's ability to continue to develop and

implement the air transportation oversight system;

"(2) progress in integrating the aviation safety data derived

from such system's inspections with existing aviation data of the

Administration in the safety performance analysis system of the

Administration; and

"(3) the Administration's efforts in collaboration with the

aviation industry to develop and validate safety performance

measures and appropriate risk weightings for such system.

"(c) Update. - Not later than August 1, 2002, the Administrator

shall update the report submitted under this section and transmit

the updated report to the committees referred to in subsection

(a)."

REGULATION OF ALASKA GUIDE PILOTS

Pub. L. 106-181, title VII, Sec. 732, Apr. 5, 2000, 114 Stat.

168, provided that:

"(a) In General. - Beginning on the date of the enactment of this

Act [Apr. 5, 2000], flight operations conducted by Alaska guide

pilots shall be regulated under the general operating and flight

rules contained in part 91 of title 14, Code of Federal

Regulations.

"(b) Rulemaking Proceeding. -

"(1) In general. - The Administrator [of the Federal Aviation

Administration] shall conduct a rulemaking proceeding and issue a

final rule to modify the general operating and flight rules

referred to in subsection (a) by establishing special rules

applicable to the flight operations conducted by Alaska guide

pilots.

"(2) Contents of rules. - A final rule issued by the

Administrator under paragraph (1) shall require Alaska guide

pilots -

"(A) to operate aircraft inspected no less often than after

125 hours of flight time;

"(B) to participate in an annual flight review, as described

in section 61.56 of title 14, Code of Federal Regulations;

"(C) to have at least 500 hours of flight time as a pilot;

"(D) to have a commercial rating, as described in subpart F

of part 61 of such title;

"(E) to hold at least a second-class medical certificate, as

described in subpart C of part 67 of such title;

"(F) to hold a current letter of authorization issued by the

Administrator; and

"(G) to take such other actions as the Administrator

determines necessary for safety.

"(3) Consideration. - In making a determination to impose a

requirement under paragraph (2)(G), the Administrator shall take

into account the unique conditions associated with air travel in

the State of Alaska to ensure that such requirements are not

unduly burdensome.

"(c) Definitions. - In this section, the following definitions

apply:

"(1) Letter of authorization. - The term 'letter of

authorization' means a letter issued by the Administrator once

every 5 years to an Alaska guide pilot certifying that the pilot

is in compliance with general operating and flight rules

applicable to the pilot. In the case of a multi-pilot operation,

at the election of the operating entity, a letter of

authorization may be issued by the Administrator to the entity or

to each Alaska guide pilot employed by the entity.

"(2) Alaska guide pilot. - The term 'Alaska guide pilot' means

a pilot who -

"(A) conducts aircraft operations over or within the State of

Alaska;

"(B) operates single engine, fixed-wing aircraft on floats,

wheels, or skis, providing commercial hunting, fishing, or

other guide services and related accommodations in the form of

camps or lodges; and

"(C) transports clients by such aircraft incidental to

hunting, fishing, or other guide services."

AVIATION MEDICAL ASSISTANCE

Pub. L. 105-170, Apr. 24, 1998, 112 Stat. 47, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Aviation Medical Assistance Act of

1998'.

"SEC. 2. MEDICAL KIT EQUIPMENT AND TRAINING.

"Not later than 1 year after the date of the enactment of this

Act [Apr. 24, 1998], the Administrator of the Federal Aviation

Administration shall reevaluate regulations regarding: (1) the

equipment required to be carried in medical kits of aircraft

operated by air carriers; and (2) the training required of flight

attendants in the use of such equipment, and, if the Administrator

determines that such regulations should be modified as a result of

such reevaluation, shall issue a notice of proposed rulemaking to

modify such regulations.

"SEC. 3. REPORTS REGARDING DEATHS ON AIRCRAFT.

"(a) In General. - During the 1-year period beginning on the 90th

day following the date of the enactment of this Act [Apr. 24,

1998], a major air carrier shall make a good faith effort to

obtain, and shall submit quarterly reports to the Administrator of

the Federal Aviation Administration on, the following:

"(1) The number of persons who died on aircraft of the air

carrier, including any person who was declared dead after being

removed from such an aircraft as a result of a medical incident

that occurred on such aircraft.

"(2) The age of each such person.

"(3) Any information concerning cause of death that is

available at the time such person died on the aircraft or is

removed from the aircraft or that subsequently becomes known to

the air carrier.

"(4) Whether or not the aircraft was diverted as a result of

the death or incident.

"(5) Such other information as the Administrator may request as

necessary to aid in a decision as to whether or not to require

automatic external defibrillators in airports or on aircraft

operated by air carriers, or both.

"(b) Format. - The Administrator may specify a format for reports

to be submitted under this section.

"SEC. 4. DECISION ON AUTOMATIC EXTERNAL DEFIBRILLATORS.

"(a) In General. - Not later than 120 days after the last day of

the 1-year period described in section 3, the Administrator of the

Federal Aviation Administration shall make a decision on whether or

not to require automatic external defibrillators on passenger

aircraft operated by air carriers and whether or not to require

automatic external defibrillators at airports.

"(b) Form of Decision. - A decision under this section shall be

in the form of a notice of proposed rulemaking requiring automatic

external defibrillators in airports or on passenger aircraft

operated by air carriers, or both, or a recommendation to Congress

for legislation requiring such defibrillators or a notice in the

Federal Register that such defibrillators should not be required in

airports or on such aircraft. If a decision under this section is

in the form of a notice of proposed rulemaking, the Administrator

shall make a final decision not later than the 120th day following

the date on which comments are due on the notice of proposed

rulemaking.

"(c) Contents. - If the Administrator decides that automatic

external defibrillators should be required -

"(1) on passenger aircraft operated by air carriers, the

proposed rulemaking or recommendation shall include -

"(A) the size of the aircraft on which such defibrillators

should be required;

"(B) the class flights (whether interstate, overseas, or

foreign air transportation or any combination thereof) on which

such defibrillators should be required;

"(C) the training that should be required for air carrier

personnel in the use of such defibrillators; and

"(D) the associated equipment and medication that should be

required to be carried in the aircraft medical kit; and

"(2) at airports, the proposed rulemaking or recommendation

shall include -

"(A) the size of the airport at which such defibrillators

should be required;

"(B) the training that should be required for airport

personnel in the use of such defibrillators; and

"(C) the associated equipment and medication that should be

required at the airport.

"(d) Limitation. - The Administrator may not require automatic

external defibrillators on helicopters and on aircraft with a

maximum payload capacity (as defined in section 119.3 of title 14,

Code of Federal Regulations) of 7,500 pounds or less.

"(e) Special Rule. - If the Administrator decides that automatic

external defibrillators should be required at airports, the

proposed rulemaking or recommendation shall provide that the

airports are responsible for providing the defibrillators.

"SEC. 5. LIMITATIONS ON LIABILITY.

"(a) Liability of Air Carriers. - An air carrier shall not be

liable for damages in any action brought in a Federal or State

court arising out of the performance of the air carrier in

obtaining or attempting to obtain the assistance of a passenger in

an in-flight medical emergency, or out of the acts or omissions of

the passenger rendering the assistance, if the passenger is not an

employee or agent of the carrier and the carrier in good faith

believes that the passenger is a medically qualified individual.

"(b) Liability of Individuals. - An individual shall not be

liable for damages in any action brought in a Federal or State

court arising out of the acts or omissions of the individual in

providing or attempting to provide assistance in the case of an

in-flight medical emergency unless the individual, while rendering

such assistance, is guilty of gross negligence or willful

misconduct.

"SEC. 6. DEFINITIONS.

"In this Act -

"(1) the terms 'air carrier', 'aircraft', 'airport',

'interstate air transportation', 'overseas air transportation',

and 'foreign air transportation' have the meanings such terms

have under section 40102 of title 49, United States Code;

"(2) the term 'major air carrier' means an air carrier

certificated under section 41102 of title 49, United States Code,

that accounted for at least 1 percent of domestic

scheduled-passenger revenues in the 12 months ending March 31 of

the most recent year preceding the date of the enactment of this

Act [Apr. 24, 1998], as reported to the Department of

Transportation pursuant to part 241 of title 14 of the Code of

Federal Regulations; and

"(3) the term 'medically qualified individual' includes any

person who is licensed, certified, or otherwise qualified to

provide medical care in a State, including a physician, nurse,

physician assistant, paramedic, and emergency medical

technician."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44704, 44711, 44717,

45302, 46310, 47531 of this title.

-End-

-CITE-

49 USC Sec. 44702 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44702. Issuance of certificates

-STATUTE-

(a) General Authority and Applications. - The Administrator of

the Federal Aviation Administration may issue airman certificates,

type certificates, production certificates, airworthiness

certificates, air carrier operating certificates, airport operating

certificates, air agency certificates, and air navigation facility

certificates under this chapter. An application for a certificate

must -

(1) be under oath when the Administrator requires; and

(2) be in the form, contain information, and be filed and

served in the way the Administrator prescribes.

(b) Considerations. - When issuing a certificate under this

chapter, the Administrator shall -

(1) consider -

(A) the duty of an air carrier to provide service with the

highest possible degree of safety in the public interest; and

(B) differences between air transportation and other air

commerce; and

(2) classify a certificate according to the differences between

air transportation and other air commerce.

(c) Prior Certification. - The Administrator may authorize an

aircraft, aircraft engine, propeller, or appliance for which a

certificate has been issued authorizing the use of the aircraft,

aircraft engine, propeller, or appliance in air transportation to

be used in air commerce without another certificate being issued.

(d) Delegation. - (1) Subject to regulations, supervision, and

review the Administrator may prescribe, the Administrator may

delegate to a qualified private person, or to an employee under the

supervision of that person, a matter related to -

(A) the examination, testing, and inspection necessary to issue

a certificate under this chapter; and

(B) issuing the certificate.

(2) The Administrator may rescind a delegation under this

subsection at any time for any reason the Administrator considers

appropriate.

(3) A person affected by an action of a private person under this

subsection may apply for reconsideration of the action by the

Administrator. On the Administrator's own initiative, the

Administrator may reconsider the action of a private person at any

time. If the Administrator decides on reconsideration that the

action is unreasonable or unwarranted, the Administrator shall

change, modify, or reverse the action. If the Administrator decides

the action is warranted, the Administrator shall affirm the action.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1186.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44702(a) 49 App.:1422(a) Aug. 23, 1958, Pub. L.

(1st-10th words). 85-726, Secs. 314 (less (a)

(last sentence related to

fees)), 601(b) (1st sentence

related to issuing

certificates, 2d sentence),

602(a) (1st-8th words),

603(a)(1), (b), (c) (as Sec.

603(a)(1), (b), (c) relate

to issuing certificates),

604(a) (related to issuing

certificates), 606 (last

sentence), 607 (last

sentence), 608, 72 Stat.

754, 775, 776, 777, 778, 779.

49 App.:1423(a)(1),

(b), (c) (as 49

App.:1423(a)(1),

(b), (c) relate to

issuing

certificates).

49 App.:1424(a)

(related to issuing

certificates).

49 App.:1426 (last

sentence).

49 App.:1427 (last

sentence).

49 App.:1428.

49 App.:1432(a) Aug. 23, 1958, Pub. L.

(related to issuing 85-726, 72 Stat. 731, Sec.

certificates). 612(a) (related to issuing

certificates); added May 21,

1970, Pub. L. 91-258, Sec.

51(b)(1), 84 Stat. 234;

restated Sept. 3, 1982, Pub.

L. 97-248, Sec. 525(a), 96

Stat. 697.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

44702(b) 49 App.:1421(b)

(1st sentence

related to issuing

certificates).

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

44702(c) 49 App.:1421(b) (2d

sentence).

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

44702(d) 49 App.:1355 (less

(a) (last sentence

related to fees)).

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

--------------------------------------------------------------------

In this section, the word "Administrator" in sections 601(b),

602(a), 603(a)(1), 604(a), 606 (last sentence), 607 (last

sentence), and 608 of the Federal Aviation Act of 1958 (Public Law

85-726, 72 Stat. 775, 776, 778, 779) is retained on authority of

49:106(g).

In subsection (a), the reference to a type certificate and

production certificate is added for clarity.

In subsection (b)(1), before subclause (A), the word "full" is

omitted as surplus. In clause (1)(A), the word "provide" is

substituted for "perform" for consistency in the revised title.

In subsection (d)(1), before clause (A), the words "In exercising

the powers and duties vested in him by this chapter" and "properly"

are omitted as surplus. The words "or employees" are omitted

because of 1:1. The word "matter" is substituted for "work,

business, or function" to eliminate unnecessary words. In clause

(B), the words "in accordance with standards established by him"

are omitted as surplus.

In subsection (d)(2), the words "made by him" are omitted as

surplus.

In subsection (d)(3), the words "exercising delegated authority"

and "with respect to the authority granted under subsection (a) of

this section" are omitted as surplus. The words "at any time" are

substituted for "either before or after it has become effective",

and the words "If the Administrator decides on reconsideration that

the action is unreasonable or unwarranted" are substituted for "If,

upon reconsideration by the Secretary of Transportation, it shall

appear that the action in question is in any respect unjust or

unwarranted", to eliminate unnecessary words. The words "the

action" are substituted for "the same accordingly", and the words

"If the Administrator decides the action is warranted, the

Administrator shall affirm the action" are substituted for

"otherwise, such action shall be affirmed", for clarity. The text

of 49 App.:1355(b) (proviso) is omitted as unnecessary because of

5:559 (last sentence).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44701, 44711, 45302,

45304, 46310, 47531 of this title.

-End-

-CITE-

49 USC Sec. 44703 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44703. Airman certificates

-STATUTE-

(a) General. - The Administrator of the Federal Aviation

Administration shall issue an airman certificate to an individual

when the Administrator finds, after investigation, that the

individual is qualified for, and physically able to perform the

duties related to, the position to be authorized by the

certificate.

(b) Contents. - (1) An airman certificate shall -

(A) be numbered and recorded by the Administrator of the

Federal Aviation Administration;

(B) contain the name, address, and description of the

individual to whom the certificate is issued;

(C) contain terms the Administrator decides are necessary to

ensure safety in air commerce, including terms on the duration of

the certificate, periodic or special examinations, and tests of

physical fitness;

(D) specify the capacity in which the holder of the certificate

may serve as an airman with respect to an aircraft; and

(E) designate the class the certificate covers.

(2) A certificate issued to a pilot serving in scheduled air

transportation shall have the designation "airline transport pilot"

of the appropriate class.

(c) Public Information. -

(1) In general. - Subject to paragraph (2) and notwithstanding

any other provision of law, the information contained in the

records of contents of any airman certificate issued under this

section that is limited to an airman's name, address, and ratings

held shall be made available to the public after the 120th day

following the date of the enactment of the Wendell H. Ford

Aviation Investment and Reform Act for the 21st Century.

(2) Opportunity to withhold information. - Before making any

information concerning an airman available to the public under

paragraph (1), the airman shall be given an opportunity to elect

that the information not be made available to the public.

(3) Development and implementation of program. - Not later than

60 days after the date of the enactment of the Wendell H. Ford

Aviation Investment and Reform Act for the 21st Century, the

Administrator shall develop and implement, in cooperation with

representatives of the aviation industry, a one-time written

notification to airmen to set forth the implications of making

information concerning an airman available to the public under

paragraph (1) and to carry out paragraph (2). The Administrator

shall also provide such written notification to each individual

who becomes an airman after such date of enactment.

(d) Appeals. - (1) An individual whose application for the

issuance or renewal of an airman certificate has been denied may

appeal the denial to the National Transportation Safety Board,

except if the individual holds a certificate that -

(A) is suspended at the time of denial; or

(B) was revoked within one year from the date of the denial.

(2) The Board shall conduct a hearing on the appeal at a place

convenient to the place of residence or employment of the

applicant. The Board is not bound by findings of fact of the

Administrator of the Federal Aviation Administration but is bound

by all validly adopted interpretations of laws and regulations the

Administrator carries out unless the Board finds an interpretation

is arbitrary, capricious, or otherwise not according to law. At the

end of the hearing, the Board shall decide whether the individual

meets the applicable regulations and standards. The Administrator

is bound by that decision.

(e) Restrictions and Prohibitions. - The Administrator of the

Federal Aviation Administration may -

(1) restrict or prohibit issuing an airman certificate to an

alien; or

(2) make issuing the certificate to an alien dependent on a

reciprocal agreement with the government of a foreign country.

(f) Controlled Substance Violations. - The Administrator of the

Federal Aviation Administration may not issue an airman certificate

to an individual whose certificate is revoked under section 44710

of this title except -

(1) when the Administrator decides that issuing the certificate

will facilitate law enforcement efforts; and

(2) as provided in section 44710(e)(2) of this title.

(g) Modifications in System. - (1) The Administrator of the

Federal Aviation Administration shall make modifications in the

system for issuing airman certificates necessary to make the system

more effective in serving the needs of airmen and officials

responsible for enforcing laws related to the regulation of

controlled substances (as defined in section 102 of the

Comprehensive Drug Abuse Prevention and Control Act of 1970 (21

U.S.C. 802)) and related to combating acts of terrorism. The

modifications shall ensure positive and verifiable identification

of each individual applying for or holding a certificate and shall

address at least each of the following deficiencies in, and abuses

of, the existing system:

(A) the use of fictitious names and addresses by applicants for

those certificates.

(B) the use of stolen or fraudulent identification in applying

for those certificates.

(C) the use by an applicant of a post office box or "mail drop"

as a return address to evade identification of the applicant's

address.

(D) the use of counterfeit and stolen airman certificates by

pilots.

(E) the absence of information about physical characteristics

of holders of those certificates.

(2) The Administrator of the Federal Aviation Administration

shall prescribe regulations to carry out paragraph (1) of this

subsection and provide a written explanation of how the regulations

address each of the deficiencies and abuses described in paragraph

(1). In prescribing the regulations, the Administrator of the

Federal Aviation Administration shall consult with the

Administrator of Drug Enforcement, the Commissioner of Customs,

other law enforcement officials of the United States Government,

representatives of State and local law enforcement officials,

representatives of the general aviation aircraft industry,

representatives of users of general aviation aircraft, and other

interested persons.

(3) For purposes of this section, the term "acts of terrorism"

means an activity that involves a violent act or an act dangerous

to human life that is a violation of the criminal laws of the

United States or of any State, or that would be a criminal

violation if committed within the jurisdiction of the United States

or of any State, and appears to be intended to intimidate or coerce

a civilian population to influence the policy of a government by

intimidation or coercion or to affect the conduct of a government

by assassination or kidnaping.

(4) The Administrator is authorized and directed to work with

State and local authorities, and other Federal agencies, to assist

in the identification of individuals applying for or holding airmen

certificates.

(h) Records of Employment of Pilot Applicants. -

(1) In general. - Subject to paragraph (14), before allowing an

individual to begin service as a pilot, an air carrier shall

request and receive the following information:

(A) FAA records. - From the Administrator of the Federal

Aviation Administration, records pertaining to the individual

that are maintained by the Administrator concerning -

(i) current airman certificates (including airman medical

certificates) and associated type ratings, including any

limitations to those certificates and ratings; and

(ii) summaries of legal enforcement actions resulting in a

finding by the Administrator of a violation of this title or

a regulation prescribed or order issued under this title that

was not subsequently overturned.

(B) Air carrier and other records. - From any air carrier or

other person (except a branch of the United States Armed

Forces, the National Guard, or a reserve component of the

United States Armed Forces) that has employed the individual as

a pilot of a civil or public aircraft at any time during the

5-year period preceding the date of the employment application

of the individual, or from the trustee in bankruptcy for such

air carrier or person -

(i) records pertaining to the individual that are

maintained by an air carrier (other than records relating to

flight time, duty time, or rest time) under regulations set

forth in -

(I) section 121.683 of title 14, Code of Federal

Regulations;

(II) paragraph (A) of section VI, appendix I, part 121 of

such title;

(III) paragraph (A) of section IV, appendix J, part 121

of such title;

(IV) section 125.401 of such title; and

(V) section 135.63(a)(4) of such title; and

(ii) other records pertaining to the individual's

performance as a pilot that are maintained by the air carrier

or person concerning -

(I) the training, qualifications, proficiency, or

professional competence of the individual, including

comments and evaluations made by a check airman designated

in accordance with section 121.411, 125.295, or 135.337 of

such title;

(II) any disciplinary action taken with respect to the

individual that was not subsequently overturned; and

(III) any release from employment or resignation,

termination, or disqualification with respect to

employment.

(C) National driver register records. - In accordance with

section 30305(b)(8) of this title, from the chief driver

licensing official of a State, information concerning the motor

vehicle driving record of the individual.

(2) Written consent; release from liability. - An air carrier

making a request for records under paragraph (1) -

(A) shall be required to obtain written consent to the

release of those records from the individual that is the

subject of the records requested; and

(B) may, notwithstanding any other provision of law or

agreement to the contrary, require the individual who is the

subject of the records to request to execute a release from

liability for any claim arising from the furnishing of such

records to or the use of such records by such air carrier

(other than a claim arising from furnishing information known

to be false and maintained in violation of a criminal statute).

(3) 5-year reporting period. - A person shall not furnish a

record in response to a request made under paragraph (1) if the

record was entered more than 5 years before the date of the

request, unless the information concerns a revocation or

suspension of an airman certificate or motor vehicle license that

is in effect on the date of the request.

(4) Requirement to maintain records. - The Administrator and

air carriers shall maintain pilot records described in paragraphs

(1)(A) and (1)(B) for a period of at least 5 years.

(5) Receipt of consent; provision of information. - A person

shall not furnish a record in response to a request made under

paragraph (1) without first obtaining a copy of the written

consent of the individual who is the subject of the records

requested; except that, for purposes of paragraph (15), the

Administrator may allow an individual designated by the

Administrator to accept and maintain written consent on behalf of

the Administrator for records requested under paragraph (1)(A). A

person who receives a request for records under this subsection

shall furnish a copy of all of such requested records maintained

by the person not later than 30 days after receiving the request.

(6) Right to receive notice and copy of any record furnished. -

A person who receives a request for records under paragraph (1)

shall provide to the individual who is the subject of the records

-

(A) on or before the 20th day following the date of receipt

of the request, written notice of the request and of the

individual's right to receive a copy of such records; and

(B) in accordance with paragraph (10), a copy of such

records, if requested by the individual.

(7) Reasonable charges for processing requests and furnishing

copies. - A person who receives a request under paragraph (1) or

(6) may establish a reasonable charge for the cost of processing

the request and furnishing copies of the requested records.

(8) Standard forms. - The Administrator shall promulgate -

(A) standard forms that may be used by an air carrier to

request records under paragraph (1); and

(B) standard forms that may be used by an air carrier to -

(i) obtain the written consent of the individual who is the

subject of a request under paragraph (1); and

(ii) inform the individual of -

(I) the request; and

(II) the individual right of that individual to receive a

copy of any records furnished in response to the request.

(9) Right to correct inaccuracies. - An air carrier that

maintains or requests and receives the records of an individual

under paragraph (1) shall provide the individual with a

reasonable opportunity to submit written comments to correct any

inaccuracies contained in the records before making a final

hiring decision with respect to the individual.

(10) Right of pilot to review certain records. -

Notwithstanding any other provision of law or agreement, an air

carrier shall, upon written request from a pilot who is or has

been employed by such carrier, make available, within a

reasonable time, but not later than 30 days after the date of the

request, to the pilot for review, any and all employment records

referred to in paragraph (1)(B)(i) or (ii) pertaining to the

employment of the pilot.

(11) Privacy protections. - An air carrier that receives the

records of an individual under paragraph (1) may use such records

only to assess the qualifications of the individual in deciding

whether or not to hire the individual as a pilot. The air carrier

shall take such actions as may be necessary to protect the

privacy of the pilot and the confidentiality of the records,

including ensuring that information contained in the records is

not divulged to any individual that is not directly involved in

the hiring decision.

(12) Periodic review. - Not later than 18 months after the date

of the enactment of the Pilot Records Improvement Act of 1996,

and at least once every 3 years thereafter, the Administrator

shall transmit to Congress a statement that contains, taking into

account recent developments in the aviation industry -

(A) recommendations by the Administrator concerning proposed

changes to Federal Aviation Administration records, air carrier

records, and other records required to be furnished under

subparagraphs (A) and (B) of paragraph (1); or

(B) reasons why the Administrator does not recommend any

proposed changes to the records referred to in subparagraph

(A).

(13) Regulations. - The Administrator shall prescribe such

regulations as may be necessary -

(A) to protect -

(i) the personal privacy of any individual whose records

are requested under paragraph (1) and disseminated under

paragraph (15); and

(ii) the confidentiality of those records;

(B) to preclude the further dissemination of records received

under paragraph (1) by the person who requested those records;

and

(C) to ensure prompt compliance with any request made under

paragraph (1).

(14) Special rules with respect to certain pilots. -

(A) Pilots of certain small aircraft. - Notwithstanding

paragraph (1), an air carrier, before receiving information

requested about an individual under paragraph (1), may allow

the individual to begin service for a period not to exceed 90

days as a pilot of an aircraft with a maximum payload capacity

(as defined in section 119.3 of title 14, Code of Federal

Regulations) of 7,500 pounds or less, or a helicopter, on a

flight that is not a scheduled operation (as defined in such

section). Before the end of the 90-day period, the air carrier

shall obtain and evaluate such information. The contract

between the carrier and the individual shall contain a term

that provides that the continuation of the individual's

employment, after the last day of the 90-day period, depends on

a satisfactory evaluation.

(B) Good faith exception. - Notwithstanding paragraph (1), an

air carrier, without obtaining information about an individual

under paragraph (1)(B) from an air carrier or other person that

no longer exists or from a foreign government or entity that

employed the individual, may allow the individual to begin

service as a pilot if the air carrier required to request the

information has made a documented good faith attempt to obtain

such information.

(15) Electronic access to faa records. - For the purpose of

increasing timely and efficient access to Federal Aviation

Administration records described in paragraph (1), the

Administrator may allow, under terms established by the

Administrator, an individual designated by the air carrier to

have electronic access to a specified database containing

information about such records. The terms shall limit such access

to instances in which information in the database is required by

the designated individual in making a hiring decision concerning

a pilot applicant and shall require that the designated

individual provide assurances satisfactory to the Administrator

that information obtained using such access will not be used for

any purpose other than making the hiring decision.

(i) Limitation on Liability; Preemption of State Law. -

(1) Limitation on liability. - No action or proceeding may be

brought by or on behalf of an individual who has applied for or

is seeking a position with an air carrier as a pilot and who has

signed a release from liability, as provided for under paragraph

(2), against -

(A) the air carrier requesting the records of that individual

under subsection (h)(1);

(B) a person who has complied with such request;

(C) a person who has entered information contained in the

individual's records; or

(D) an agent or employee of a person described in

subparagraph (A) or (B);

in the nature of an action for defamation, invasion of privacy,

negligence, interference with contract, or otherwise, or under

any Federal or State law with respect to the furnishing or use of

such records in accordance with subsection (h).

(2) Preemption. - No State or political subdivision thereof may

enact, prescribe, issue, continue in effect, or enforce any law

(including any regulation, standard, or other provision having

the force and effect of law) that prohibits, penalizes, or

imposes liability for furnishing or using records in accordance

with subsection (h).

(3) Provision of knowingly false information. - Paragraphs (1)

and (2) shall not apply with respect to a person who furnishes

information in response to a request made under subsection

(h)(1), that -

(A) the person knows is false; and

(B) was maintained in violation of a criminal statute of the

United States.

(j) Limitation on Statutory Construction. - Nothing in subsection

(h) shall be construed as precluding the availability of the

records of a pilot in an investigation or other proceeding

concerning an accident or incident conducted by the Administrator,

the National Transportation Safety Board, or a court.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1186; Pub. L.

106-181, title VII, Sec. 715, Apr. 5, 2000, 114 Stat. 162; Pub. L.

107-71, title I, Secs. 129, 138(b), 140(a), Nov. 19, 2001, 115

Stat. 633, 640, 641.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44703(a) 49 App.:1422(b)(1) Aug. 23, 1958, Pub. L.

(1st sentence, 2d 85-726, Sec. 602(b)(1), 72

sentence words Stat. 776; Oct. 19, 1984,

before 6th comma). Pub. L. 98-499, Sec. 3, 98

Stat. 2313; Aug. 26, 1992,

Pub. L. 102-345, Sec. 4,

106 Stat. 926.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

44703(b) 49 App.:1422(a) Aug. 23, 1958, Pub. L.

(11th-last words). 85-726, Sec. 602(a)

(9th-last words), (c), 72

Stat. 776.

49 App.:1422(b)(1)

(2d sentence words

after 6th comma),

(c).

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

44703(c)(1) 49 App.:1422(b)(1)

(3d sentence).

44703(c)(2) 49 App.:1422(b)(1)

(4th, 5th

sentences, last

sentence words

before proviso).

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

44703(d) 49 App.:1422(b)(1)

(last sentence

proviso).

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

44703(e) 49 Aug. 23, 1958, Pub. L.

App.:1422(b)(2)(A), 85-726, 72 Stat. 731, Sec.

(B). 602(b)(2)(A), (B); added

Oct. 19, 1984, Pub. L.

98-499, Sec. 3, 98 Stat.

2313; restated Nov. 18,

1988, Pub. L. 100-690, Sec.

7204(a), 102 Stat. 4425.

44703(f)(1) 49 App.:1422(d). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

602(d); added Nov. 18,

1988, Pub. L. 100-690, Sec.

7205(a), 102 Stat. 4426.

44703(f)(2) 49 App.:1401 (note). Nov. 18, 1988, Pub. L.

100-690, Sec. 7207(a) (1st

sentence), (b), 102 Stat.

4427.

--------------------------------------------------------------------

In subsections (a)-(d), the word "Administrator" in section

602(a), (b)(1), and (c) of the Federal Aviation Act of 1958 (Public

Law 85-726, 72 Stat. 776) is retained on authority of 49:106(g).

In subsection (a), the text of 49 App.:1422(b) (1st sentence) is

omitted as surplus. The words "is qualified" are substituted for

"possesses proper qualifications" to eliminate unnecessary words.

The words "to be authorized by the certificate" are substituted for

"for which the airman certificate is sought" for clarity.

In subsection (b)(1)(C), the words "conditions, and limitations"

are omitted as being included in "terms".

In subsection (b)(1)(E), the word "designate" is substituted for

"be entitled with the designation of" to eliminate unnecessary

words.

In subsection (c)(1), before clause (A), the words "may appeal .

. . to" are substituted for "may file with . . . a petition for

review of the Secretary of Transportation's action" for consistency

with section 1109 of the revised title. The words "the individual

holds a certificate that" are substituted for "persons whose

certificates" for clarity.

In subsection (c)(2), the words "conduct a hearing on the appeal"

are substituted for "thereupon assign such petition for hearing"

for consistency. The words "In the conduct of such hearing and in

determining whether the airman meets the pertinent rules,

regulations, or standards" are omitted as surplus. The word

"Administrator" is substituted for "Federal Aviation

Administration" because of 49:106(b) and (g). The words "meets the

applicable regulations" are substituted for "meets the pertinent

rules, regulations" because "rules" and "regulations" are

synonymous and for consistency in the revised title.

In subsection (d), before clause (1), the words "in his

discretion" are omitted as surplus. In clause (2), the words "the

terms of" and "entered into" are omitted as surplus. The words

"government of a foreign country" are substituted for "foreign

governments" for consistency in the revised title and with other

titles of the United States Code.

In subsection (f)(1), before clause (A), the words "established

under this chapter" and "to pilots" are omitted as surplus.

In subsection (f)(2), the words "Not later than September 18,

1989" and "final" are omitted as obsolete. The words "Administrator

of Drug Enforcement" are substituted for "Drug Enforcement

Administration of the Department of Justice" because of section

5(a) of Reorganization Plan No. 2 of 1973 (eff. July 1, 1973, 87

Stat. 1092). The words "Commissioner of Customs" are substituted

for "United States Customs Service" because of 19:2071.

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the Wendell H. Ford Aviation

Investment and Reform Act for the 21st Century, referred to in

subsec. (c)(1), (3), is the date of enactment of Pub. L. 106-181,

which was approved Apr. 5, 2000.

The date of the enactment of the Pilot Records Improvement Act of

1996, referred to in subsec. (h)(12), is the date of enactment of

Pub. L. 104-264, which was approved Oct. 9, 1996.

-COD-

CODIFICATION

The text of section 44936(f) to (h) of this title, which was

transferred to the end of this section, redesignated as subsecs.

(h) to (j), respectively, and amended by Pub. L. 107-71, Secs.

138(b), 140(a), was based on Pub. L. 104-264, title V, Sec. 502(a),

Oct. 9, 1996, 110 Stat. 3259; amended Pub. L. 105-102, Sec. 2(25),

Nov. 20, 1997, 111 Stat. 2205; Pub. L. 105-142, Sec. 1, Dec. 5,

1997, 111 Stat. 2650; Pub. L. 106-181, title V, Sec. 508(b), Apr.

5, 2000, 114 Stat. 140.

-MISC2-

AMENDMENTS

2001 - Subsec. (g)(1). Pub. L. 107-71, Sec. 129(1), in first

sentence, substituted "needs of airmen" for "needs of pilots" and

inserted "and related to combating acts of terrorism" before period

at end.

Subsec. (g)(3), (4). Pub. L. 107-71, Sec. 129(2), added pars. (3)

and (4).

Subsecs. (h) to (j). Pub. L. 107-71, Secs. 138(b), 140(a),

amended section identically, redesignating subsecs. (f) to (h) of

section 44936 of this title as subsecs. (h) to (j), respectively,

of this section, and substituting "subsection (h)" for "subsection

(f)" wherever appearing in subsecs. (i) and (j). See Codification

note above.

2000 - Subsecs. (c) to (g). Pub. L. 106-181 added subsec. (c) and

redesignated former subsecs. (c) to (f) as (d) to (g),

respectively.

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.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-MISC3-

CREDITING OF LAW ENFORCEMENT FLIGHT TIME

Pub. L. 106-424, Sec. 14, Nov. 1, 2000, 114 Stat. 1888, provided

that: "In determining whether an individual meets the aeronautical

experience requirements imposed under section 44703 of title 49,

United States Code, for an airman certificate or rating, the

Secretary of Transportation shall take into account any time spent

by that individual operating a public aircraft as defined in

section 40102 of title 49, United States Code, if that aircraft is

-

"(1) identifiable by category and class; and

"(2) used in law enforcement activities."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1133, 44701, 44709,

44710, 44711, 44724, 45302, 46310, 47531 of this title.

-End-

-CITE-

49 USC Sec. 44704 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44704. Type certificates, production certificates, and

airworthiness certificates

-STATUTE-

(a) Type Certificates. - (1) The Administrator of the Federal

Aviation Administration shall issue a type certificate for an

aircraft, aircraft engine, or propeller, or for an appliance

specified under paragraph (2)(A) of this subsection when the

Administrator finds that the aircraft, aircraft engine, propeller,

or appliance is properly designed and manufactured, performs

properly, and meets the regulations and minimum standards

prescribed under section 44701(a) of this title. On receiving an

application for a type certificate, the Administrator shall

investigate the application and may conduct a hearing. The

Administrator shall make, or require the applicant to make, tests

the Administrator considers necessary in the interest of safety.

(2) The Administrator may -

(A) specify in regulations those appliances that reasonably

require a type certificate in the interest of safety;

(B) include in a type certificate terms required in the

interest of safety; and

(C) record on the certificate a numerical specification of the

essential factors related to the performance of the aircraft,

aircraft engine, or propeller for which the certificate is

issued.

(b) Supplemental Type Certificates. -

(1) Issuance. - The Administrator may issue a type certificate

designated as a supplemental type certificate for a change to an

aircraft, aircraft engine, propeller, or appliance.

(2) Contents. - A supplemental type certificate issued under

paragraph (1) shall consist of the change to the aircraft,

aircraft engine, propeller, or appliance with respect to the

previously issued type certificate for the aircraft, aircraft

engine, propeller, or appliance.

(3) Requirement. - If the holder of a supplemental type

certificate agrees to permit another person to use the

certificate to modify an aircraft, aircraft engine, propeller, or

appliance, the holder shall provide the other person with written

evidence, in a form acceptable to the Administrator, of that

agreement. A person may change an aircraft, aircraft engine,

propeller, or appliance based on a supplemental type certificate

only if the person requesting the change is the holder of the

supplemental type certificate or has permission from the holder

to make the change.

(c) Production Certificates. - The Administrator shall issue a

production certificate authorizing the production of a duplicate of

an aircraft, aircraft engine, propeller, or appliance for which a

type certificate has been issued when the Administrator finds the

duplicate will conform to the certificate. On receiving an

application, the Administrator shall inspect, and may require

testing of, a duplicate to ensure that it conforms to the

requirements of the certificate. The Administrator may include in a

production certificate terms required in the interest of safety.

(d) Airworthiness Certificates. - (1) The registered owner of an

aircraft may apply to the Administrator for an airworthiness

certificate for the aircraft. The Administrator shall issue an

airworthiness certificate when the Administrator finds that the

aircraft conforms to its type certificate and, after inspection, is

in condition for safe operation. The Administrator shall register

each airworthiness certificate and may include appropriate

information in the certificate. The certificate number or other

individual designation the Administrator requires shall be

displayed on the aircraft. The Administrator may include in an

airworthiness certificate terms required in the interest of safety.

(2) A person applying for the issuance or renewal of an

airworthiness certificate for an aircraft for which ownership has

not been recorded under section 44107 or 44110 of this title must

submit with the application information related to the ownership of

the aircraft the Administrator decides is necessary to identify

each person having a property interest in the aircraft and the kind

and extent of the interest.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1188; Pub. L.

104-264, title IV, Sec. 403, Oct. 9, 1996, 110 Stat. 3256.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44704(a)(1) 49 App.:1423(a)(2) Aug. 23, 1958, Pub. L.

(1st-4th sentences). 85-726, Secs. 503(h),

603(a)(1) (related to

regulations for appliances),

(2), (b) (related to basis

for issuing, and contents

of, certificates), (c)

(related to basis for

issuing, and contents of,

certificates), 72 Stat. 774,

776.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

44704(a)(2) 49 App.:1423(a)(1)

(related to

regulations for

appliances), (2)

(5th, last

sentences).

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

44704(b) 49 App.:1423(b)

(related to basis

for issuing, and

contents of,

certificates).

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

44704(c)(1) 49 App.:1423(c)

(related to basis

for issuing, and

contents of,

certificates).

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

44704(c)(2) 49 App.:1403(h).

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

--------------------------------------------------------------------

In subsections (a)-(c)(1), the word "Administrator" in section

603 of the Federal Aviation Act of 1958 (Public Law 85-726, 72

Stat. 776) is retained on authority of 49:106(g).

In subsection (a)(1), the text of 49 App.:1423(a)(2) (1st

sentence 1st-16th words) and the words "in regulations" are omitted

as surplus. The words "properly designed and manufactured, performs

properly" are substituted for "of proper design, material,

specification, construction, and performance for safe operation" to

eliminate unnecessary words. The word "rules" is omitted as being

synonymous with "regulations". The words "under section 44701(a) of

this title" and "for a type certificate" are added for clarity. The

words "including flight tests and tests of raw materials or any

part or appurtenance of such aircraft, aircraft engine, propeller,

or appliance" are omitted as surplus.

In subsection (a)(2)(A), the words "issuance of" are omitted as

surplus.

In subsection (a)(2)(B), the words "the duration thereof and such

other" are omitted as surplus. The words "conditions, and

limitations" are omitted as being included in "terms".

In subsection (a)(2)(C), the words "issued for aircraft, aircraft

engines, or propellers" and "all of" are omitted as surplus. The

word "specification" is substituted for "determination" for

clarity.

In subsection (b), the word "satisfactorily" is omitted as

surplus. The words "shall inspect, and may require testing of, a

duplicate to ensure that it conforms to the requirements of the

certificate" are substituted for "shall make such inspection and

may require such tests of any aircraft, aircraft engine, propeller,

or appliance manufactured under a production certificate as may be

necessary to assure manufacture of each unit in conformity with the

type certificate or any amendment or modification thereof" to

eliminate unnecessary words. The words "the duration thereof and

such other . . . conditions, and limitations" are omitted as

surplus.

In subsection (c)(1), the words "may apply to" are substituted

for "may file with . . . an application" to eliminate unnecessary

words. The words "in accordance with regulations prescribed by the

Secretary of Transportation" are omitted because of 49:322(a). The

words "the duration of such certificate, the type of service for

which the aircraft may be used, and such other . . . conditions,

and limitations" are omitted as surplus.

In subsection (c)(2), the words "having a property interest" are

substituted for "who are holders of property interests" to

eliminate unnecessary words.

AMENDMENTS

1996 - Subsecs. (b) to (d). Pub. L. 104-264 added subsec. (b) and

redesignated former subsecs. (b) and (c) as (c) and (d),

respectively.

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44110, 44701, 44711,

44715, 45302, 46310, 47531 of this title.

-End-

-CITE-

49 USC Sec. 44705 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44705. Air carrier operating certificates

-STATUTE-

The Administrator of the Federal Aviation Administration shall

issue an air carrier operating certificate to a person desiring to

operate as an air carrier when the Administrator finds, after

investigation, that the person properly and adequately is equipped

and able to operate safely under this part and regulations and

standards prescribed under this part. An air carrier operating

certificate shall -

(1) contain terms necessary to ensure safety in air

transportation; and

(2) specify the places to and from which, and the airways of

the United States over which, a person may operate as an air

carrier.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1189.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44705 49 App.:1424(b). Aug. 23, 1958, Pub. L.

85-726, Sec. 604(b), 72

Stat. 778.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

--------------------------------------------------------------------

In this section, the word "Administrator" in section 604(b) of

the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 778)

is retained on authority of 49:106(g). Before clause (1), the words

"may file with the Secretary of Transportation an application for

an air carrier operating certificate" and "the requirements of" are

omitted as surplus. The word "rules" is omitted as being synonymous

with "regulations". In clause (1), the words "conditions, and

limitations . . . reasonably" are omitted as surplus. In clause

(2), the word "places" is substituted for "points" for consistency

in the revised title. The words "under an air carrier operating

certificate" are omitted as surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44107, 44701, 44711,

45302, 46310, 47531 of this title.

-End-

-CITE-

49 USC Sec. 44706 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44706. Airport operating certificates

-STATUTE-

(a) General. - The Administrator of the Federal Aviation

Administration shall issue an airport operating certificate to a

person desiring to operate an airport -

(1) that serves an air carrier operating aircraft designed for

at least 31 passenger seats;

(2) that is not located in the State of Alaska and serves any

scheduled passenger operation of an air carrier operating

aircraft designed for more than 9 passenger seats but less than

31 passenger seats; and

(3) that the Administrator requires to have a certificate;

if the Administrator finds, after investigation, that the person

properly and adequately is equipped and able to operate safely

under this part and regulations and standards prescribed under this

part.

(b) Terms. - An airport operating certificate issued under this

section shall contain terms necessary to ensure safety in air

transportation. Unless the Administrator decides that it is not in

the public interest, the terms shall include conditions related to

-

(1) operating and maintaining adequate safety equipment,

including firefighting and rescue equipment capable of rapid

access to any part of the airport used for landing, takeoff, or

surface maneuvering of an aircraft; and

(2) friction treatment for primary and secondary runways that

the Secretary of Transportation decides is necessary.

(c) Exemptions. - The Administrator may exempt from the

requirements of this section, related to firefighting and rescue

equipment, an operator of an airport described in subsection (a) of

this section having less than .25 percent of the total number of

passenger boardings each year at all airports described in

subsection (a) when the Administrator decides that the requirements

are or would be unreasonably costly, burdensome, or impractical.

(d) Commuter Airports. - In developing the terms required by

subsection (b) for airports covered by subsection (a)(2), the

Administrator shall identify and consider a reasonable number of

regulatory alternatives and select from such alternatives the least

costly, most cost-effective or the least burdensome alternative

that will provide comparable safety at airports described in

subsections (a)(1) and (a)(2).

(e) Effective Date. - Any regulation establishing the terms

required by subsection (b) for airports covered by subsection

(a)(2) shall not take effect until such regulation, and a report on

the economic impact of the regulation on air service to the

airports covered by the rule, has been submitted to Congress and

120 days have elapsed following the date of such submission.

(f) Limitation on Statutory Construction. - Nothing in this title

may be construed as requiring a person to obtain an airport

operating certificate if such person does not desire to operate an

airport described in subsection (a).

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1189; Pub. L.

104-264, title IV, Sec. 404, Oct. 9, 1996, 110 Stat. 3256.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44706(a) 49 App.:1432(b) Aug. 23, 1958, Pub. L.

(1st, 2d sentences). 85-726, 72 Stat. 731, Sec.

612(b); added May 21, 1970,

Pub. L. 91-258, Sec.

51(b)(1), 84 Stat. 234; Nov.

27, 1971, Pub. L. 92-174,

Sec. 5(b), 85 Stat. 492;

Sept. 3, 1982, Pub. L.

97-248, Secs. 524(f),

525(b), 96 Stat. 697.

44706(b) 49 App.:1432(b)

(3d, last

sentences).

44706(c) 49 App.:1432(c). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

612(c); added July 12, 1976,

Pub. L. 94-353, Sec. 19(a),

90 Stat. 883; Sept. 3, 1982,

Pub. L. 97-248, Sec. 525(c),

96 Stat. 697.

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "may file with

the Administrator an application for an airport operating

certificate" are omitted as surplus. In clause (3), the words "the

requirements of" are omitted as surplus. The word "rules" is

omitted as being synonymous with "regulations".

In subsection (b), before clause (1), the words "conditions, and

limitations . . . reasonably" are omitted as surplus. In clause

(2), the words "grooving or other" are omitted as surplus.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-264, Sec. 404(a), added par. (2),

redesignated former par. (2) as (3), substituted "if" for "(3)

when" in former par. (3) and adjusted the margins of that par. to

make it a flush provision following par. (3).

Subsec. (d). Pub. L. 104-264, Sec. 404(b), added subsec. (d).

Subsec. (e). Pub. L. 104-264, Sec. 404(c), added subsec. (e).

Subsec. (f). Pub. L. 104-264, Sec. 404(d), added subsec. (f).

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

SMALL AIRPORT CERTIFICATION

Pub. L. 106-181, title V, Sec. 518, Apr. 5, 2000, 114 Stat. 145,

provided that: "Not later than 60 days after the date of the

enactment of this Act [Apr. 5, 2000], the Administrator [of the

Federal Aviation Administration] shall issue a notice of proposed

rulemaking on implementing section 44706(a)(2) of title 49, United

States Code, relating to issuance of airport operating certificates

for small scheduled passenger air carrier operations. Not later

than 1 year after the last day of the period for public comment

provided for in the notice of proposed rulemaking, the

Administrator shall issue a final rule on implementing such

program."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44701, 44711, 45302,

46310, 47110, 47116, 47501, 47531 of this title.

-End-

-CITE-

49 USC Sec. 44707 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44707. Examining and rating air agencies

-STATUTE-

The Administrator of the Federal Aviation Administration may

examine and rate the following air agencies:

(1) civilian schools giving instruction in flying or repairing,

altering, and maintaining aircraft, aircraft engines, propellers,

and appliances, on the adequacy of instruction, the suitability

and airworthiness of equipment, and the competency of

instructors.

(2) repair stations and shops that repair, alter, and maintain

aircraft, aircraft engines, propellers, and appliances, on the

adequacy and suitability of the equipment, facilities, and

materials for, and methods of, repair and overhaul, and the

competency of the individuals doing the work or giving

instruction in the work.

(3) other air agencies the Administrator decides are necessary

in the public interest.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1190.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44707 49 App.:1427 (1st Aug. 23, 1958, Pub. L.

sentence). 85-726, Sec. 607 (1st

sentence), 72 Stat. 779.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

--------------------------------------------------------------------

In this section, the word "Administrator" in section 607 (1st

sentence) of the Federal Aviation Act of 1958 (Public Law 85-726,

72 Stat. 779) is retained on authority 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, Sec. 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 Aviation 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44701, 44711, 45302,

46310, 47531 of this title.

-End-

-CITE-

49 USC Sec. 44708 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44708. Inspecting and rating air navigation facilities

-STATUTE-

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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1190.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44708 49 App.:1426 (1st Aug. 23, 1958, Pub. L.

sentence). 85-726, Sec. 606 (1st

sentence), 72 Stat. 779.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

--------------------------------------------------------------------

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).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44701, 44711, 45302,

46310, 47531 of this title.

-End-

-CITE-

49 USC Sec. 44709 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44709. Amendments, modifications, suspensions, and revocations

of certificates

-STATUTE-

(a) Reinspection and Reexamination. - The Administrator of the

Federal Aviation Administration may reinspect at any time a civil

aircraft, aircraft engine, propeller, appliance, 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 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.

(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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1190; Pub. L.

106-181, title VII, Sec. 716, Apr. 5, 2000, 114 Stat. 162.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44709(a) 49 App.:1429(a) Aug. 23, 1958, Pub. L.

(1st sentence). 85-726, Sec. 609(a) (1st-7th

sentences, 8th-last

sentences less Administrator

under title VII), 72 Stat.

779; Nov. 18, 1971, Pub. L.

92-159, Sec. 2(a), 85 Stat.

481; Nov. 27, 1971, Pub. L.

92-174, Sec. 6, 85 Stat.

492; Aug. 26, 1992, Pub. L.

102-345, Sec. 3(a)(1), 106

Stat. 925.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

44709(b) 49 App.:1429(a) (2d

sentence).

49 App.:1429(b). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

609(b); added Nov. 18, 1971,

Pub. L. 92-159, Sec. 2(a),

85 Stat. 481.

49 App.:1431(e) Aug. 23, 1958, Pub. L.

(words before 4th 85-726, 72 Stat. 731, Sec.

comma). 611(e); added July 21, 1968,

Pub. L. 90-411, Sec. 1, 82

Stat. 395; restated Oct. 27,

1972, Pub. L. 92-574, Sec.

7(b), 86 Stat. 1241.

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

44709(c) 49 App.:1429(a) (3d

sentence).

49 App.:1431(e)

(words between 4th

and 5th commas).

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

44709(d)(1) 49 App.:1429(a)

(4th sentence).

49 App.:1431(e)

(words after 4th

comma).

44709(d)(2) 49 App.:1429(a)

(6th sentence).

44709(d)(3) 49 App.:1429(a)

(5th sentence).

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

44709(e) 49 App.:1429(a)

(7th sentence).

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

44709(f) 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 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

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 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1133, 1153, 44701, 44711,

45302, 46310, 47531 of this title; title 42 section 4911.

-End-

-CITE-

49 USC Sec. 44710 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44710. Revocations of airman certificates for controlled

substance violations

-STATUTE-

(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.

(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 revocation of, an airman certificate under

subsection (b)(2) of this section on the basis of an activity

described in subsection (b)(2)(A) if the holder of the certificate

is acquitted of all charges related to a controlled substance in an

indictment or information arising from the activity.

(2) If the Administrator has revoked an airman certificate under

this section because of an activity described in subsection

(b)(2)(A) of this section, the Administrator shall reissue a

certificate to the individual if -

(A) the individual otherwise satisfies the requirements for a

certificate under section 44703 of this title; and

(B)(i) the individual subsequently is acquitted of all charges

related to a controlled substance in an indictment or information

arising from the activity; or

(ii) the conviction on which a revocation under subsection

(b)(1) of this section is based is reversed.

(f) Waivers. - The Administrator may waive the requirement of

subsection (b) of this section that an airman certificate of an

individual be revoked if -

(1) a law enforcement official of the United States Government

or of a State requests a waiver; and

(2) the Administrator decides that the waiver will facilitate

law enforcement efforts.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1191.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44710(a) 49 App.:1429(c)(4). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

609(c)(1), (2), (4); added

Oct. 19, 1984, Pub. L.

98-499, Sec. 2(a), 98 Stat.

2312, 2313.

44710(b)(1) 49 App.:1429(c)(1)

(1st sentence).

44710(b)(2) 49 App.:1429(c)(2)

(1st sentence).

44710(b)(3) 49 App.:1429(c)(1)

(last sentence).

44710(c) 49 App.:1429(c)(3) Aug. 23, 1958, Pub. L.

(1st sentence). 85-726, 72 Stat. 731, Sec.

609(c)(3); added Oct. 19,

1984, Pub. L. 98-499, Sec.

2(a), 98 Stat. 2312; Aug.

26, 1992, Pub. L. 102-345,

Sec. 3(b), 106 Stat. 926.

44710(d) 49 App.:1429(c)(3)

(2d-last sentences).

44710(e)(1) 49 App.:1429(c)(2)

(last sentence).

44710(e)(2) 49 Aug. 23, 1958, Pub. L.

App.:1422(b)(2)(C). 85-726, 72 Stat. 731, Sec.

602(b)(2)(C); added Oct. 19,

1984, Pub. L. 98-499, Sec.

3, 98 Stat. 2313.

44710(f) 49 App.:1429(c)(5). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

609(c)(5); added Nov. 18,

1988, Pub. L. 100-690, Sec.

7204(b), 102 Stat. 4425.

--------------------------------------------------------------------

In subsection (b)(1) and (2), before each clause (A), the words

"of any person" are omitted as surplus. The words "issued . . .

under section 44703 of this title" are added for clarity.

In subsection (b)(1), the word "offense" is substituted for

"crime" for consistency in the revised title and with other titles

of the United States Code.

In subsection (b)(2)(C), the words "in connection with carrying

out, or facilitating the carrying out of, the activity" are

substituted for "in connection with such activity or the

facilitation of such activity" for consistency with the source

provisions restated in paragraph (1)(B) of this subsection.

In subsection (d)(1), the word "Administrator" is substituted for

"Federal Aviation Administration" because of 49:106(b) and (g).

In subsection (e)(1), the words "on appeal" and "contained" are

omitted as surplus.

In subsection (e)(2)(B)(i), the word "contained" is omitted as

surplus.

In subsection (e)(2)(B)(ii), the words "judgment of" are omitted

as surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1133, 44701, 44703,

44711, 44726, 45302, 46310, 47531 of this title.

-End-

-CITE-

49 USC Sec. 44711 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44711. Prohibitions and exemption

-STATUTE-

(a) Prohibitions. - A person may not -

(1) operate a civil aircraft in air commerce without an

airworthiness certificate in effect or in violation of a term of

the certificate;

(2) serve in any capacity as an airman with respect to a civil

aircraft, aircraft engine, propeller, or appliance used, or

intended for use, in air commerce -

(A) without an airman certificate authorizing the airman to

serve in the capacity for which the certificate was issued; or

(B) in violation of a term of the certificate or a regulation

prescribed or order issued under section 44701(a) or (b) or any

of sections 44702-44716 of this title;

(3) employ for service related to civil aircraft used in air

commerce an airman who does not have an airman certificate

authorizing the airman to serve in the capacity for which the

airman is employed;

(4) operate as an air carrier without an air carrier operating

certificate or in violation of a term of the certificate;

(5) operate aircraft in air commerce in violation of a

regulation prescribed or certificate issued under section

44701(a) or (b) or any of sections 44702-44716 of this title;

(6) operate a seaplane or other aircraft of United States

registry on the high seas in violation of a regulation under

section 3 of the International Navigational Rules Act of 1977 (33

U.S.C. 1602);

(7) violate a term of an air agency or production certificate

or a regulation prescribed or order issued under section 44701(a)

or (b) or any of sections 44702-44716 of this title related to

the holder of the certificate;

(8) operate an airport without an airport operating certificate

required under section 44706 of this title or in violation of a

term of the certificate; or

(9) manufacture, deliver, sell, or offer for sale any aviation

fuel or additive in violation of a regulation prescribed under

section 44714 of this title.

(b) Exemption. - On terms the Administrator of the Federal

Aviation Administration prescribes as being in the public interest,

the Administrator may exempt a foreign aircraft and airmen serving

on the aircraft from subsection (a) of this section. However, an

exemption from observing air traffic regulations may not be

granted.

(c) Prohibition on Employment of Convicted Counterfeit Part

Traffickers. - No person subject to this chapter may knowingly

employ anyone to perform a function related to the procurement,

sale, production, or repair of a part or material, or the

installation of a part into a civil aircraft, who has been

convicted in a court of law of a violation of any Federal law

relating to the installation, production, repair, or sale of a

counterfeit or fraudulently-represented aviation part or material.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1193; Pub. L.

103-429, Sec. 6(56), Oct. 31, 1994, 108 Stat. 4385; Pub. L.

106-181, title V, Sec. 505(b), Apr. 5, 2000, 114 Stat. 136.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44711(a)(1) 49 App.:1430(a)(1). Aug. 23, 1958, Pub. L.

85-726, Sec. 610(a)(1)-(5),

(b), 72 Stat. 780.

44711(a)(2) 49 App.:1430(a)(2).

44711(a)(3) 49 App.:1430(a)(3).

44711(a)(4) 49 App.:1430(a)(4).

44711(a)(5) 49 App.:1430(a)(5).

44711(a)(6) 49 App.:1430(a)(6). Aug. 23, 1958, Pub. L.

85-726, Sec. 610(a)(6), 72

Stat. 780; May 21, 1970,

Pub. L. 91-258, Sec.

51(b)(3)(A), 84 Stat. 235.

44711(a)(7) 49 App.:1430(a)(7). Aug. 23, 1958, Pub. L.

85-726, Sec. 610(a)(7), 72

Stat. 780; May 21, 1970,

Pub. L. 91-258, Sec.

51(b)(3)(B), 84 Stat. 235;

Dec. 31, 1970, Pub. L.

91-604, Sec. 11(b)(2), 84

Stat. 1705.

44711(a)(8) 49 App.:1430(a)(8). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

610(a)(8); added May 21,

1970, Pub. L. 91-258, Sec.

51(b)(3)(C), 84 Stat. 235;

Dec. 31, 1970, Pub. L.

91-604, Sec. 11(b)(2), 84

Stat. 1705; restated Sept.

3, 1982, Pub. L. 97-248,

Sec. 525(d), 96 Stat. 697.

44711(a)(9) 49 App.:1430(a)(9). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

610(a)(9); added Dec. 31,

1970, Pub. L. 91-604, Sec.

11(b)(2), 84 Stat. 1705;

Nov. 9, 1977, Pub. L.

95-163, Sec. 15(b)(2), 91

Stat. 1283.

44711(b) 49 App.:1430(b).

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

--------------------------------------------------------------------

In subsection (a)(1) and (7), the words "condition, or

limitation" are omitted as being included in "term".

In subsection (a)(1), the words "without . . . in effect" are

substituted for "for which there is not currently in effect an" to

eliminate unnecessary words.

In subsection (a)(2), (5), and (7), the word "rule" is omitted as

being synonymous with "regulations".

In subsection (a)(2)(B), the word "prescribed" is added for

consistency in the revised title and with other titles of the

United States Code.

In subsection (a)(5) and (7), the words "prescribed . . . issued"

are added for consistency in the revised title and with other

titles of the Code.

In subsection (a)(5), the words "of the Secretary of

Transportation" are omitted as surplus.

In subsection (a)(6), the words "proclaimed by the President" are

omitted as surplus. The words "section 3 of the International

Navigational Rules Act of 1977 (33 U.S.C. 1602)" are substituted

for "section 143 of title 33" because the section was part of the

Act of October 11, 1951 (ch. 495, 65 Stat. 406), that was repealed

by section 3 of the Act of September 24, 1963 (Public Law 88-131,

77 Stat. 194), and replaced by 33:ch. 21. Chapter 21 was repealed

by section 10 of the International Navigational Rules Act of 1977

(Public Law 95-75, 91 Stat. 311) and replaced by 33:1601-1608.

In subsection (a)(7), the words "holding . . . such certificate"

are omitted because of the restatement.

In subsection (a)(8), the words "by the Administrator" are

omitted as surplus.

In subsection (b), the word "Administrator" in section 610(b) of

the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 780)

is retained on authority of 49:106(g). The words "to the extent,

and . . . and conditions" and "by such airmen" are omitted as

surplus.

PUB. L. 103-429

This amends 49:44711(a)(2)(B), (5), and (7) and 46310(b) to

correct erroneous cross-references.

AMENDMENTS

2000 - Subsec. (c). Pub. L. 106-181 added subsec. (c).

1994 - Subsec. (a)(2)(B), (5), (7). Pub. L. 103-429 inserted "any

of sections" before "44702-44716".

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.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44701, 44711, 45302,

46310, 47531 of this title.

-End-

-CITE-

49 USC Sec. 44712 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44712. Emergency locator transmitters

-STATUTE-

(a) Installation. - An emergency locator transmitter must be

installed on a fixed-wing powered civil aircraft for use in air

commerce.

(b) Nonapplication. - Prior to January 1, 2002, subsection (a)

does not apply to -

(1) turbojet-powered aircraft;

(2) aircraft when used in scheduled flights by scheduled air

carriers holding certificates issued by the Secretary of

Transportation under subpart II of this part;

(3) aircraft when used in training operations conducted

entirely within a 50 mile radius of the airport from which the

training operations begin;

(4) aircraft when used in flight operations related to design

and testing, the manufacture, preparation, and delivery of the

aircraft, or the aerial application of a substance for an

agricultural purpose;

(5) aircraft holding certificates from the Administrator of the

Federal Aviation Administration for research and development;

(6) aircraft when used for showing compliance with regulations,

crew training, exhibition, air racing, or market surveys; and

(7) aircraft equipped to carry only one individual.

(c) Nonapplication Beginning on January 1, 2002. -

(1) In general. - Subject to paragraph (2), on and after

January 1, 2002, subsection (a) does not apply to -

(A) aircraft when used in scheduled flights by scheduled air

carriers holding certificates issued by the Secretary of

Transportation under subpart II of this part;

(B) aircraft when used in training operations conducted

entirely within a 50-mile radius of the airport from which the

training operations begin;

(C) aircraft when used in flight operations related to the

design and testing, manufacture, preparation, and delivery of

aircraft;

(D) aircraft when used in research and development if the

aircraft holds a certificate from the Administrator of the

Federal Aviation Administration to carry out such research and

development;

(E) aircraft when used in showing compliance with

regulations, crew training, exhibition, air racing, or market

surveys;

(F) aircraft when used in the aerial application of a

substance for an agricultural purpose;

(G) aircraft with a maximum payload capacity of more than

18,000 pounds when used in air transportation; or

(H) aircraft equipped to carry only one individual.

(2) Delay in implementation. - The Administrator of the Federal

Aviation Administration may continue to implement subsection (b)

rather than subsection (c) for a period not to exceed 2 years

after January 1, 2002, if the Administrator finds such action is

necessary to promote -

(A) a safe and orderly transition to the operation of civil

aircraft equipped with an emergency locator; or

(B) other safety objectives.

(d) Compliance. - An aircraft meets the requirement of subsection

(a) if it is equipped with an emergency locator transmitter that

transmits on the 121.5/243 megahertz frequency or the 406 megahertz

frequency or with other equipment approved by the Secretary for

meeting the requirement of subsection (a).

(e) Removal. - The Administrator shall prescribe regulations

specifying the conditions under which an aircraft subject to

subsection (a) of this section may operate when its emergency

locator transmitter has been removed for inspection, repair,

alteration, or replacement.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1194; Pub. L.

106-181, title V, Sec. 501(a), Apr. 5, 2000, 114 Stat. 131.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44712(a) 49 App.:1421(d)(1). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

601(d)(1); added Dec. 29,

1970, Pub. L. 91-596, Sec.

31, 84 Stat. 1619; restated

Jan. 2, 1974, Pub. L.

93-239, Sec. 4, 87 Stat.

1048; Nov. 9, 1977, Pub. L.

95-163, Sec. 15(a)(1), 91

Stat. 1283.

44712(b) 49 App.:1421(d)(2). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

601(d)(2); added Dec. 29,

1970, Pub. L. 91-596, Sec.

31, 84 Stat. 1619; restated

Jan. 2, 1974, Pub. L.

93-239, Sec. 4, 87 Stat.

1048.

49 Aug. 23, 1958, Pub. L.

App.:1551(b)(1)(E). 85-726, 72 Stat. 731, Sec.

1601(b)(1)(E); added Oct. 4,

1984, Pub. L. 98-443, Sec.

3(e), 98 Stat. 1704.

44712(c) 49 App.:1421(d)(3). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

601(d)(3); added Nov. 9,

1977, Pub. L. 95-163, Sec.

15(a)(2), 91 Stat. 1283.

--------------------------------------------------------------------

In subsection (a), the words "Except with respect to aircraft

described in paragraph (2) of this subsection and except as

provided in paragraph (3) of this subsection" are omitted as

surplus. The words "minimum standards pursuant to this section

shall include a requirement that", the text of 49

App.:1421(d)(1)(A), and the words "after three years and six months

following such date" are omitted as executed.

In subsection (b), the word "used" is substituted for "engaged"

for consistency. In clause (3), the word "training" is substituted

for "local flight" for consistency. In clause (4), the words

"chemicals and other" are omitted as surplus. In clause (5), the

word "purposes" is omitted as surplus.

In subsection (c), the words "prescribe regulations" are

substituted for "shall issue regulations . . . as he prescribes in

such regulations" to eliminate unnecessary words. The words "such

limitations and" and "from such aircraft" are omitted as surplus.

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-181, Sec. 501(a)(1), substituted

"Prior to January 1, 2002, subsection (a)" for "Subsection (a) of

this section" in introductory provisions.

Subsecs. (c) to (e). Pub. L. 106-181, Sec. 501(a)(2), (3), added

subsecs. (c) and (d) and redesignated former subsec. (c) as (e).

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.

REGULATIONS

Pub. L. 106-181, title V, Sec. 501(b), Apr. 5, 2000, 114 Stat.

132, provided that: "The Secretary [of Transportation] shall issue

regulations to carry out section 44712(c) of title 49, United

States Code, as amended by this section, not later than January 1,

2001."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44701, 44711, 45302,

46310, 47531 of this title.

-End-

-CITE-

49 USC Sec. 44713 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44713. Inspection and maintenance

-STATUTE-

(a) General Equipment Requirements. - An air carrier shall make,

or cause to be made, any inspection, repair, or maintenance of

equipment used in air transportation as required by this part or

regulations prescribed or orders issued by the Administrator of the

Federal Aviation Administration under this part. A person

operating, inspecting, repairing, or maintaining the equipment

shall comply with those requirements, regulations, and orders.

(b) Duties of Inspectors. - The Administrator of the Federal

Aviation Administration shall employ inspectors who shall -

(1) inspect aircraft, aircraft engines, propellers, and

appliances designed for use in air transportation, during

manufacture and when in use by an air carrier in air

transportation, to enable the Administrator to decide whether the

aircraft, aircraft engines, propellers, or appliances are in safe

condition and maintained properly; and

(2) advise and cooperate with the air carrier during that

inspection and maintenance.

(c) Unsafe Aircraft, Engines, Propellers, and Appliances. - When

an inspector decides that an aircraft, aircraft engine, propeller,

or appliance is not in condition for safe operation, the inspector

shall notify the air carrier in the form and way prescribed by the

Administrator of the Federal Aviation Administration. For 5 days

after the carrier is notified, the aircraft, engine, propeller, or

appliance may not be used in air transportation or in a way that

endangers air transportation unless the Administrator or the

inspector decides the aircraft, engine, propeller, or appliance is

in condition for safe operation.

(d) Modifications in System. - (1) The Administrator of the

Federal Aviation Administration shall make modifications in the

system for processing forms for major repairs or alterations to

fuel tanks and fuel systems of aircraft not used to provide air

transportation that are necessary to make the system more effective

in serving the needs of users of the system, including officials

responsible for enforcing laws related to the regulation of

controlled substances (as defined in section 102 of the

Comprehensive Drug Abuse Prevention and Control Act of 1970 (21

U.S.C. 802)). The modifications shall address at least each of the

following deficiencies in, and abuses of, the existing system:

(A) the lack of a special identification feature to allow the

forms to be distinguished easily from other major repair and

alteration forms.

(B) the excessive period of time required to receive the forms

at the Airmen and Aircraft Registry of the Administration.

(C) the backlog of forms waiting for processing at the

Registry.

(D) the lack of ready access by law enforcement officials to

information contained on the forms.

(2) The Administrator of the Federal Aviation Administration

shall prescribe regulations to carry out paragraph (1) of this

subsection and provide a written explanation of how the regulations

address each of the deficiencies and abuses described in paragraph

(1). In prescribing the regulations, the Administrator of the

Federal Aviation Administration shall consult with the

Administrator of Drug Enforcement, the Commissioner of Customs,

other law enforcement officials of the United States Government,

representatives of State and local law enforcement officials,

representatives of the general aviation aircraft industry,

representatives of users of general aviation aircraft, and other

interested persons.

(e) Automated Surveillance Targeting Systems. -

(1) In general. - The Administrator shall give high priority to

developing and deploying a fully enhanced safety performance

analysis system that includes automated surveillance to assist

the Administrator in prioritizing and targeting surveillance and

inspection activities of the Federal Aviation Administration.

(2) Deadlines for deployment. -

(A) Initial phase. - The initial phase of the operational

deployment of the system developed under this subsection shall

begin not later than December 31, 1997.

(B) Final phase. - The final phase of field deployment of the

system developed under this subsection shall begin not later

than December 31, 1999. By that date, all principal operations

and maintenance inspectors of the Administration, and

appropriate supervisors and analysts of the Administration

shall have been provided access to the necessary information

and resources to carry out the system.

(3) Integration of information. - In developing the system

under this section, the Administration shall consider the

near-term integration of accident and incident data into the

safety performance analysis system under this subsection.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1194; Pub. L.

104-264, title IV, Sec. 407(b), Oct. 9, 1996, 110 Stat. 3258.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44713(a) 49 App.:1425(a). Aug. 23, 1958, Pub. L.

85-726, Sec. 605(a), (b), 72

Stat. 778.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

44713(b) 49 App.:1425(b)

(1st sentence).

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

44713(c) 49 App.:1425(b)

(last sentence).

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

44713(d)(1) 49 App.:1303 (note). Nov. 18, 1988, Pub. L.

100-690, Sec. 7214, 102

Stat. 4434.

49 App.:1425(c). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

605(c); added Nov. 18, 1988,

Pub. L. 100-690, Sec.

7206(a), 102 Stat. 4426.

44713(d)(2) 49 App.:1401 (note). Nov. 18, 1988, Pub. L.

100-690, Sec. 7207(a) (1st

sentence), (b), 102 Stat.

4427.

--------------------------------------------------------------------

In subsections (a)-(c), the word "Administrator" in section

605(a) and (b) of the Federal Aviation Act of 1958 (Public Law

85-726, 72 Stat. 778) is retained on authority of 49:106(g).

In subsection (a), the word "overhaul" is omitted as being

included in "repair". The word "prescribed" is added for

consistency in the revised title and with other titles of the

United States Code. The words "A person operating, inspecting,

overhauling, or maintaining the equipment shall comply with those

requirements, regulations, and orders" are substituted for 49

App.:1425(a) (last sentence) to eliminate unnecessary words.

In subsection (b), before clause (1), the words "be charged with

the duty . . . of" are omitted as surplus. In clause (1), the words

"in use" are substituted for "used by an air carrier in air

transportation" to eliminate unnecessary words. The words "as may

be necessary" and "for operation in air transportation" are omitted

as surplus.

In subsection (c), the words "in the performance of his duty",

"used or intended to be used by any air carrier in air

transportation", and "a period of" are omitted as surplus.

In subsection (d)(1), before clause (A), the words "not used to

provide air transportation" are substituted for section 7214 of the

Anti-Drug Abuse Act of 1988 (Public Law 100-690, 102 Stat. 4434)

because of the restatement.

In subsection (d)(2), the words "Not later than September 18,

1989" and "final" are omitted as obsolete. The words "Administrator

of Drug Enforcement" are substituted for "Drug Enforcement

Administration of the Department of Justice" because of section

5(a) of Reorganization Plan No. 2 of 1973 (eff. July 1, 1973, 87

Stat. 1092). The words "Commissioner of Customs" are substituted

for "United States Customs Service" because of 19:2071.

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-264 added subsec. (e).

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44701, 44711, 45302,

46310, 47531 of this title.

-End-

-CITE-

49 USC Sec. 44714 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44714. Aviation fuel standards

-STATUTE-

The Administrator of the Federal Aviation Administration shall

prescribe -

(1) standards for the composition or chemical or physical

properties of an aircraft fuel or fuel additive to control or

eliminate aircraft emissions the Administrator of the

Environmental Protection Agency decides under section 231 of the

Clean Air Act (42 U.S.C. 7571) endanger the public health or

welfare; and

(2) regulations providing for carrying out and enforcing those

standards.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1195.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44714 49 App.:1421(e). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

601(e); added Dec. 31, 1970,

Pub. L. 91-604, Sec.

11(b)(1), 84 Stat. 1705;

Nov. 9, 1977, Pub. L.

95-163, Sec. 15(b)(1), 91

Stat. 1283.

--------------------------------------------------------------------

In this section, before clause (1), the words "and from time to

time revise" are omitted as surplus. In clause (1), the words

"establishing" and "the purpose of" are omitted as surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44701, 44711, 45302,

46310, 47531 of this title.

-End-

-CITE-

49 USC Sec. 44715 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44715. Controlling aircraft noise and sonic boom

-STATUTE-

(a) Standards and Regulations. - (1)(A) To relieve and protect

the public health and welfare from aircraft noise and sonic boom,

the Administrator of the Federal Aviation Administration, as he

deems necessary, shall prescribe -

(i) standards to measure aircraft noise and sonic boom; and

(ii) regulations to control and abate aircraft noise and sonic

boom.

(B) The Administrator, as the Administrator deems appropriate,

shall provide for the participation of a representative of the

Environmental Protection Agency on such advisory committees or

associated working groups that advise the Administrator on matters

related to the environmental effects of aircraft and aircraft

engines.

(2) The Administrator of the Federal Aviation Administration may

prescribe standards and regulations under this subsection only

after consulting with the Administrator of the Environmental

Protection Agency. The standards and regulations shall be applied

when issuing, amending, modifying, suspending, or revoking a

certificate authorized under this chapter.

(3) An original type certificate may be issued under section

44704(a) of this title for an aircraft for which substantial noise

abatement can be achieved only after the Administrator of the

Federal Aviation Administration prescribes standards and

regulations under this section that apply to that aircraft.

(b) Considerations and Consultation. - When prescribing a

standard or regulation under this section, the Administrator of the

Federal Aviation Administration shall -

(1) consider relevant information related to aircraft noise and

sonic boom;

(2) consult with appropriate departments, agencies, and

instrumentalities of the United States Government and State and

interstate authorities;

(3) consider whether the standard or regulation is consistent

with the highest degree of safety in air transportation or air

commerce in the public interest;

(4) consider whether the standard or regulation is economically

reasonable, technologically practicable, and appropriate for the

applicable aircraft, aircraft engine, appliance, or certificate;

and

(5) consider the extent to which the standard or regulation

will carry out the purposes of this section.

(c) Proposed Regulations of Administrator of Environmental

Protection Agency. - The Administrator of the Environmental

Protection Agency shall submit to the Administrator of the Federal

Aviation Administration proposed regulations to control and abate

aircraft noise and sonic boom (including control and abatement

through the use of the authority of the Administrator of the

Federal Aviation Administration) that the Administrator of the

Environmental Protection Agency considers necessary to protect the

public health and welfare. The Administrator of the Federal

Aviation Administration shall consider those proposed regulations

and shall publish them in a notice of proposed regulations not

later than 30 days after they are received. Not later than 60 days

after publication, the Administrator of the Federal Aviation

Administration shall begin a hearing at which interested persons

are given an opportunity for oral and written presentations. Not

later than 90 days after the hearing is completed and after

consulting with the Administrator of the Environmental Protection

Agency, the Administrator of the Federal Aviation Administration

shall -

(1) prescribe regulations as provided by this section -

(A) substantially the same as the proposed regulations

submitted by the Administrator of the Environmental Protection

Agency; or

(B) that amend the proposed regulations; or

(2) publish in the Federal Register -

(A) a notice that no regulation is being prescribed in

response to the proposed regulations of the Administrator of

the Environmental Protection Agency;

(B) a detailed analysis of, and response to, all information

the Administrator of the Environmental Protection Agency

submitted with the proposed regulations; and

(C) a detailed explanation of why no regulation is being

prescribed.

(d) Consultation and Reports. - (1) If the Administrator of the

Environmental Protection Agency believes that the action of the

Administrator of the Federal Aviation Administration under

subsection (c)(1)(B) or (2) of this section does not protect the

public health and welfare from aircraft noise or sonic boom,

consistent with the considerations in subsection (b) of this

section, the Administrator of the Environmental Protection Agency

shall consult with the Administrator of the Federal Aviation

Administration and may request a report on the advisability of

prescribing the regulation as originally proposed. The request,

including a detailed statement of the information on which the

request is based, shall be published in the Federal Register.

(2) The Administrator of the Federal Aviation Administration

shall report to the Administrator of the Environmental Protection

Agency within the time, if any, specified in the request. However,

the time specified must be at least 90 days after the date of the

request. The report shall -

(A) be accompanied by a detailed statement of the findings of

the Administrator of the Federal Aviation Administration and the

reasons for the findings;

(B) identify any statement related to an action under

subsection (c) of this section filed under section 102(2)(C) of

the National Environmental Policy Act of 1969 (42 U.S.C.

4332(2)(C));

(C) specify whether and where that statement is available for

public inspection; and

(D) be published in the Federal Register unless the request

proposes specific action by the Administrator of the Federal

Aviation Administration and the report indicates that action will

be taken.

(e) Supplemental Reports. - The Administrator of the

Environmental Protection Agency may request the Administrator of

the Federal Aviation Administration to file a supplemental report

if the report under subsection (d) of this section indicates that

the proposed regulations under subsection (c) of this section, for

which a statement under section 102(2)(C) of the Act (42 U.S.C.

4332(2)(C)) is not required, should not be prescribed. The

supplemental report shall be published in the Federal Register

within the time the Administrator of the Environmental Protection

Agency specifies. However, the time specified must be at least 90

days after the date of the request. The supplemental report shall

contain a comparison of the environmental effects, including those

that cannot be avoided, of the action of the Administrator of the

Federal Aviation Administration and the proposed regulations of the

Administrator of the Environmental Protection Agency.

(f) Exemptions. - An exemption from a standard or regulation

prescribed under this section may be granted only if, before

granting the exemption, the Administrator of the Federal Aviation

Administration consults with the Administrator of the Environmental

Protection Agency. However, if the Administrator of the Federal

Aviation Administration finds that safety in air transportation or

air commerce requires an exemption before the Administrator of the

Environmental Protection Agency can be consulted, the exemption may

be granted. The Administrator of the Federal Aviation

Administration shall consult with the Administrator of the

Environmental Protection Agency as soon as practicable after the

exemption is granted.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1196; Pub. L.

104-264, title IV, Sec. 406(a), Oct. 9, 1996, 110 Stat. 3257.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44715(a)( 49 App.:1431(a), Aug. 23, 1958, Pub. L.

1), (2) (b)(1) (1st 85-726, 72 Stat. 731, Sec.

sentence). 611(a), (b), (d); added July

21, 1968, Pub. L. 90-411,

Sec. 1, 82 Stat. 395;

restated Oct. 27, 1972, Pub.

L. 92-574, Sec. 7(b), 86

Stat. 1239, 1241.

44715(a)(3) 49 App.:1431(b)(2).

44715(b) 49 App.:1431(d).

44715(c) 49 App.:1431(c)(1). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

611(c); added July 21, 1968,

Pub. L. 90-411, Sec. 1, 82

Stat. 395; restated Oct. 27,

1972, Pub. L. 92-574, Sec.

7(b), 86 Stat. 1240; Nov. 8,

1978, Pub. L. 95-609, Sec.

3, 92 Stat. 3080.

44715(d) 49 App.:1431(c)(2).

44715(e) 49 App.:1431(c)(3).

44715(f) 49 App.:1431(b)(1)

(last sentence).

--------------------------------------------------------------------

In subsection (a)(1), before clause (A), the text of 49

App.:1431(a) is omitted because the revised section identifies the

appropriate Administrator each time the Administrator is mentioned.

The words "present and future" and "and amend" are omitted as

surplus. In clause (B), the words "as the FAA may find necessary to

provide" are omitted as surplus.

In subsection (a)(2), the word "only" is added for clarity.

Subsection (a)(3) is substituted for 49 App.:1431(b)(2) to

eliminate unnecessary words.

In subsection (b), before clause (1), the words "and amending"

are omitted as surplus. In clause (1), the words "available . . .

including the results of research, development, testing, and

evaluation activities conducted pursuant to this chapter and the

Department of Transportation Act" are omitted as surplus. In clause

(2), the words "departments, agencies, and instrumentalities of the

United States Government and State and interstate authorities" are

substituted for "Federal, State, and interstate agencies" for

consistency in the revised title and with other titles of the

United States Code. The words "as he deems" are omitted as surplus.

In clauses (3) and (4), the word "proposed" is omitted as surplus.

In clause (4), the word "applicable" is substituted for "particular

type of . . . to which it will apply" to eliminate unnecessary

words. In clause (5), the words "contribute to" are omitted as

surplus.

In subsection (c), before clause (1), the words "Not earlier than

the date of submission of the report required by section 4906 of

title 42" are omitted as executed. The words "regulatory . . . over

air commerce or transportation or over aircraft or airport

operations" and "submitted by the EPA under this paragraph" are

omitted as surplus. The word "regulations" is substituted for

"rulemaking" for consistency in the revised title. The words "after

they are received" are substituted for "of the date of its

submission to the FAA" to eliminate unnecessary words. The words

"of data, views, and arguments" are omitted as surplus. In clause

(1), the words "in accordance with subsection (b) of this section"

are omitted because of the restatement. In clause (2)(B), the words

"documentation or other" are omitted as surplus.

In subsection (d)(1), the words "listed" and "the FAA to review,

and . . . to EPA . . . by EPA" are omitted as surplus.

In subsection (d)(2), before clause (A), the words "shall

complete the review requested and" are omitted as surplus. In

clause (B), the words "of the FAA" are omitted as surplus.

In subsection (e), the words "actually taken . . . in response to

EPA's proposed regulations" are omitted as surplus.

In subsection (f), the words "under any provision of this

chapter" and "that . . . be granted" are omitted as surplus. The

words "the exemption may be granted" are added for clarity.

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-264, which in directing the

general amendment of par. (1) inserted an additional subsec. (a)

designation and heading identical to the existing subsec. heading

as well as restating the text of par. (1), was executed by

restating the text only to reflect the probable intent of Congress.

Prior to amendment, par. (1) read as follows: "To relieve and

protect the public health and welfare from aircraft noise and sonic

boom, the Administrator of the Federal Aviation Administration

shall prescribe -

"(A) standards to measure aircraft noise and sonic boom; and

"(B) regulations to control and abate aircraft noise and sonic

boom."

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44701, 44709, 44711,

45302, 46310, 47531 of this title; title 42 sections 4903, 4911,

4913, 4915.

-End-

-CITE-

49 USC Sec. 44716 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44716. Collision avoidance systems

-STATUTE-

(a) Development and Certification. - The Administrator of the

Federal Aviation Administration shall -

(1) complete the development of the collision avoidance system

known as TCAS-II so that TCAS-II can operate under visual and

instrument flight rules and can be upgraded to the performance

standards applicable to the collision avoidance system known as

TCAS-III;

(2) develop and carry out a schedule for developing and

certifying TCAS-II that will result in certification not later

than June 30, 1989; and

(3) submit to Congress monthly reports on the progress being

made in developing and certifying TCAS-II.

(b) Installation and Operation. - The Administrator shall require

by regulation that, not later than 30 months after the date

certification is made under subsection (a)(2) of this section,

TCAS-II be installed and operated on each civil aircraft that has a

maximum passenger capacity of at least 31 seats and is used to

provide air transportation of passengers, including intrastate air

transportation of passengers. The Administrator may extend the

deadline in this subsection for not more than 2 years if the

Administrator finds the extension is necessary to promote -

(1) a safe and orderly transition to the operation of a fleet

of civil aircraft described in this subsection equipped with

TCAS-II; or

(2) other safety objectives.

(c) Operational Evaluation. - Not later than December 30, 1990,

the Administrator shall establish a one-year program to collect and

assess safety and operational information from civil aircraft

equipped with TCAS-II for the operational evaluation of TCAS-II.

The Administrator shall encourage foreign air carriers that operate

civil aircraft equipped with TCAS-II to participate in the program.

(d) Amending Schedule for Windshear Equipment. - The

Administrator shall consider the feasibility and desirability of

amending the schedule for installing airborne low-altitude

windshear equipment to make the schedule compatible with the

schedule for installing TCAS-II.

(e) Deadline for Development and Certification. - (1) The

Administrator shall complete developing and certifying TCAS-III as

soon as possible.

(2) Necessary amounts may be appropriated from the Airport and

Airway Trust Fund established under section 9502 of the Internal

Revenue Code of 1986 (26 U.S.C. 9502) to carry out this subsection.

(f) Installing and Using Transponders. - The Administrator shall

prescribe regulations requiring that, not later than December 30,

1990, operating transponders with automatic altitude reporting

capability be installed and used for aircraft operating in

designated terminal airspace where radar service is provided for

separation of aircraft. The Administrator may provide for access to

that airspace (except terminal control areas and airport radar

service areas) by nonequipped aircraft if the Administrator finds

the access will not interfere with the normal traffic flow.

(g) Cargo Collision Avoidance Systems. -

(1) In general. - The Administrator shall require by regulation

that, no later than December 31, 2002, collision avoidance

equipment be installed on each cargo aircraft with a maximum

certificated takeoff weight in excess of 15,000 kilograms.

(2) Extension of deadline. - The Administrator may extend the

deadline established by paragraph (1) by not more than 2 years if

the Administrator finds that the extension is needed to promote -

(A) a safe and orderly transition to the operation of a fleet

of cargo aircraft equipped with collision avoidance equipment;

or

(B) other safety or public interest objectives.

(3) Collision avoidance equipment defined. - In this

subsection, the term "collision avoidance equipment" means

equipment that provides protection from mid-air collisions using

technology that provides -

(A) cockpit-based collision detection and conflict resolution

guidance, including display of traffic; and

(B) a margin of safety of at least the same level as provided

by the collision avoidance system known as TCAS-II.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1198; Pub. L.

106-181, title V, Sec. 502, Apr. 5, 2000, 114 Stat. 132.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44716(a) 49 App.:1421(f)(1). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

601(f); added Dec. 30, 1987,

Pub. L. 100-223, Sec.

203(b), 101 Stat. 1518; Dec.

15, 1989, Pub. L. 101-236,

Sec. 2, 103 Stat. 2060.

44716(b) 49 App.:1421(f)(2),

(4).

44716(c) 49 App.:1421(f)(3).

44716(d) 49 App.:1421(f)(5).

44716(e) 49 App.:1421 (note). Dec. 30, 1987, Pub. L.

100-223, Sec. 203(d), 101

Stat. 1519.

44716(f) 49 App.:1421(f)(6).

--------------------------------------------------------------------

In subsection (c), the words "In conducting the program" are

omitted as surplus.

In subsection (e)(1), the word "research" is omitted as included

in "developing".

In subsection (e)(2), the words "established under section 9502

of the Internal Revenue Code of 1986 (26 U.S.C. 9502)" are added

for consistency in the revised title.

In subsection (f), the words "Not later than 6 months after

December 30, 1987, the Administrator shall promulgate a final rule"

and "Such final rule" are omitted as executed.

AMENDMENTS

2000 - Subsec. (g). Pub. L. 106-181 added subsec. (g).

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.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in subsec. (a)(3) of this section, see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title

31, Money and Finance, and the 8th item on page 138 of House

Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44701, 44711, 45302,

46310, 47531 of this title.

-End-

-CITE-

49 USC Sec. 44717 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44717. Aging aircraft

-STATUTE-

(a) Inspections and Reviews. - The Administrator of the Federal

Aviation Administration shall prescribe regulations that ensure the

continuing airworthiness of aging aircraft. The regulations

prescribed under subsection (a) of this section -

(1) at least shall require the Administrator to make

inspections, and review the maintenance and other records, of

each aircraft an air carrier uses to provide air transportation

that the Administrator decides may be necessary to enable the

Administrator to decide whether the aircraft is in safe condition

and maintained properly for operation in air transportation;

(2) at least shall require an air carrier to demonstrate to the

Administrator, as part of the inspection, that maintenance of the

aircraft's age-sensitive parts and components has been adequate

and timely enough to ensure the highest degree of safety;

(3) shall require the air carrier to make available to the

Administrator the aircraft and any records about the aircraft

that the Administrator requires to carry out a review; and

(4) shall establish procedures to be followed in carrying out

an inspection.

(b) When and How Inspections and Reviews Shall Be Carried Out. -

(1) Inspections and reviews required under subsection (a)(1) of

this section shall be carried out as part of each heavy maintenance

check of the aircraft conducted after the 14th year in which the

aircraft has been in service.

(2) Inspections under subsection (a)(1) of this section shall be

carried out as provided under section 44701(a)(2)(B) and (C) of

this title.

(c) Aircraft Maintenance Safety Programs. - The Administrator

shall establish -

(1) a program to verify that air carriers are maintaining their

aircraft according to maintenance programs approved by the

Administrator;

(2) a program -

(A) to provide inspectors and engineers of the Administration

with training necessary to conduct auditing inspections of

aircraft operated by air carriers for corrosion and metal

fatigue; and

(B) to enhance participation of those inspectors and

engineers in those inspections; and

(3) a program to ensure that air carriers demonstrate to the

Administrator their commitment and technical competence to ensure

the airworthiness of aircraft that the carriers operate.

(d) Foreign Air Transportation. - (1) The Administrator shall

take all possible steps to encourage governments of foreign

countries and relevant international organizations to develop

standards and requirements for inspections and reviews that -

(A) will ensure the continuing airworthiness of aging aircraft

used by foreign air carriers to provide foreign air

transportation to and from the United States; and

(B) will provide passengers of those foreign air carriers with

the same level of safety that will be provided passengers of air

carriers by carrying out this section.

(2) Not later than September 30, 1994, the Administrator shall

report to Congress on carrying out this subsection.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1199.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44717(a) 49 App.:1421 (note). Oct. 28, 1991, Pub. L.

102-143, Secs. 402(a),

(b)(1), (c)-(e), 405, 105

Stat. 951, 952.

44717(b) 49 App.:1421 (note). Oct. 28, 1991, Pub. L.

102-143, Sec. 402(b)(2),

(3), 105 Stat. 951.

44717(c) 49 App.:1421 (note). Oct. 28, 1991, Pub. L.

102-143, Sec. 403, 105 Stat.

952.

44717(d) 49 App.:1421 (note). Oct. 28, 1991, Pub. L.

102-143, Sec. 404, 105 Stat.

952.

--------------------------------------------------------------------

In subsections (a) and (c), before clause (1), the words "Not

later than 180 days after the date of the enactment of this title"

are omitted as obsolete.

In subsection (a), before clause (1), the text of section 405 of

the Department of Transportation and Related Agencies

Appropriations Act, 1992 (Public Law 102-143, 105 Stat. 952) is

omitted as surplus because the complete name of the Administrator

of the Federal Aviation Administration is used the first time the

term appears in a section. The word "regulations" is substituted

for "rule" because the terms are synonymous. In clauses (2)-(4),

the words "required by the rule" are omitted as surplus. In clause

(2), the words "structure, skin, and other" are omitted as surplus.

In clause (3), the words "inspection, maintenance, and other" are

omitted as surplus.

In subsection (c)(1), the word "Administrator" is substituted for

"Federal Aviation Administration" for consistency in the revised

title.

In subsection (d)(1), before clause (A), the words "governments

of foreign countries" are substituted for "foreign governments" for

consistency in the revised title and with other titles of the

United States Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 46301 of this title.

-End-

-CITE-

49 USC Sec. 44718 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44718. Structures interfering with air commerce

-STATUTE-

(a) Notice. - By regulation or by order when necessary, the

Secretary of Transportation shall require a person to give adequate

public notice, in the form and way the Secretary prescribes, of the

construction, alteration, establishment, or expansion, or the

proposed construction, alteration, establishment, or expansion, of

a structure or sanitary landfill when the notice will promote -

(1) safety in air commerce; and

(2) the efficient use and preservation of the navigable

airspace and of airport traffic capacity at public-use airports.

(b) Studies. - (1) Under regulations prescribed by the Secretary,

if the Secretary decides that constructing or altering a structure

may result in an obstruction of the navigable airspace or an

interference with air navigation facilities and equipment or the

navigable airspace, the Secretary shall conduct an aeronautical

study to decide the extent of any adverse impact on the safe and

efficient use of the airspace, facilities, or equipment. In

conducting the study, the Secretary shall consider factors relevant

to the efficient and effective use of the navigable airspace,

including -

(A) the impact on arrival, departure, and en route procedures

for aircraft operating under visual flight rules;

(B) the impact on arrival, departure, and en route procedures

for aircraft operating under instrument flight rules;

(C) the impact on existing public-use airports and aeronautical

facilities;

(D) the impact on planned public-use airports and aeronautical

facilities; and

(E) the cumulative impact resulting from the proposed

construction or alteration of a structure when combined with the

impact of other existing or proposed structures.

(2) On completing the study, the Secretary shall issue a report

disclosing completely the extent of the adverse impact on the safe

and efficient use of the navigable airspace that the Secretary

finds will result from constructing or altering the structure.

(c) Broadcast Applications and Tower Studies. - In carrying out

laws related to a broadcast application and conducting an

aeronautical study related to broadcast towers, the Administrator

of the Federal Aviation Administration and the Federal

Communications Commission shall take action necessary to coordinate

efficiently -

(1) the receipt and consideration of, and action on, the

application; and

(2) the completion of any associated aeronautical study.

(d) Limitation on Construction of Landfills. -

(1) In general. - No person shall construct or establish a

municipal solid waste landfill (as defined in section 258.2 of

title 40, Code of Federal Regulations, as in effect on the date

of the enactment of this subsection) that receives putrescible

waste (as defined in section 257.3-8 of such title) within 6

miles of a public airport that has received grants under chapter

471 and is primarily served by general aviation aircraft and

regularly scheduled flights of aircraft designed for 60

passengers or less unless the State aviation agency of the State

in which the airport is located requests that the Administrator

of the Federal Aviation Administration exempt the landfill from

the application of this subsection and the Administrator

determines that such exemption would have no adverse impact on

aviation safety.

(2) Limitation on applicability. - Paragraph (1) shall not

apply in the State of Alaska and shall not apply to the

construction, establishment, expansion, or modification of, or to

any other activity undertaken with respect to, a municipal solid

waste landfill if the construction or establishment of the

landfill was commenced on or before the date of the enactment of

this subsection.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1200; Pub. L.

104-264, title XII, Sec. 1220(a), Oct. 9, 1996, 110 Stat. 3286;

Pub. L. 106-181, title V, Sec. 503(b), Apr. 5, 2000, 114 Stat.

133.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44718(a) 49 App.:1501(a). Aug. 23, 1958, Pub. L.

85-726, Sec. 1101, 72 Stat.

797; restated Dec. 30, 1987,

Pub. L. 100-223, Sec. 206

(less (b)), 101 Stat. 1521;

Oct. 31, 1992, Pub. L.

102-581, Sec. 203(a), 106

Stat. 4890.

44718(b) 49 App.:1501(b).

44718(c) 49 App.:1501(c).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "(hereinafter in

this section referred to as the 'Secretary')" and "where necessary"

are omitted as surplus.

In subsection (b)(1), before clause (A), the word "thoroughly" is

omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this subsection, referred to in

subsec. (d), probably means the date of enactment of Pub. L.

106-181, which amended subsec. (d) generally, and which was

approved Apr. 5, 2000.

-MISC2-

AMENDMENTS

2000 - Subsec. (d). Pub. L. 106-181 amended heading and text of

subsec. (d) generally. Prior to amendment, text read as follows:

"For the purposes of enhancing aviation safety, in a case in which

2 landfills have been proposed to be constructed or established

within 6 miles of a commercial service airport with fewer than

50,000 enplanements per year, no person shall construct or

establish either landfill if an official of the Federal Aviation

Administration has stated in writing within the 3-year period

ending on the date of the enactment of this subsection that 1 of

the landfills would be incompatible with aircraft operations at the

airport, unless the landfill is already active on such date of

enactment or the airport operator agrees to the construction or

establishment of the landfill."

1996 - Subsec. (d). Pub. L. 104-264 added subsec. (d).

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.

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

LANDFILLS INTERFERING WITH AIR COMMERCE

Pub. L. 106-181, title V, Sec. 503(a), Apr. 5, 2000, 114 Stat.

133, provided that: "Congress finds that -

"(1) collisions between aircraft and birds have resulted in

fatal accidents;

"(2) bird strikes pose a special danger to smaller aircraft;

"(3) landfills near airports pose a potential hazard to

aircraft operating there because they attract birds;

"(4) even if the landfill is not located in the approach path

of the airport's runway, it still poses a hazard because of the

birds' ability to fly away from the landfill and into the path of

oncoming planes;

"(5) while certain mileage limits have the potential to be

arbitrary, keeping landfills at least 6 miles away from an

airport, especially an airport served by small planes, is an

appropriate minimum requirement for aviation safety; and

"(6) closure of existing landfills (due to concerns about

aviation safety) should be avoided because of the likely

disruption to those who use and depend on such landfills."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 46301, 46316 of this

title.

-End-

-CITE-

49 USC Sec. 44719 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44719. Standards for navigational aids

-STATUTE-

The Secretary of Transportation shall prescribe regulations on

standards for installing navigational aids, including airport

control towers. For each type of facility, the regulations shall

consider at a minimum traffic density (number of aircraft

operations without consideration of aircraft size), terrain and

other obstacles to navigation, weather characteristics, passengers

served, and potential aircraft operating efficiencies.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1201.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44719 49 App.:1348 (note). Dec. 30, 1987, Pub. L.

100-223, Sec. 308, 101 Stat.

1526.

--------------------------------------------------------------------

The words "Not later than December 31, 1988" are omitted as

obsolete.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 46301 of this title.

-End-

-CITE-

49 USC Sec. 44720 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44720. Meteorological services

-STATUTE-

(a) Recommendations. - The Administrator of the Federal Aviation

Administration shall make recommendations to the Secretary of

Commerce on providing meteorological services necessary for the

safe and efficient movement of aircraft in air commerce. In

providing the services, the Secretary shall cooperate with the

Administrator and give complete consideration to those

recommendations.

(b) Promoting Safety and Efficiency. - To promote safety and

efficiency in air navigation to the highest possible degree, the

Secretary shall -

(1) observe, measure, investigate, and study atmospheric

phenomena, and maintain meteorological stations and offices, that

are necessary or best suited for finding out in advance

information about probable weather conditions;

(2) provide reports to the Administrator to persons engaged in

civil aeronautics that are designated by the Administrator and to

other persons designated by the Secretary in a way and with a

frequency that best will result in safety in, and facilitating,

air navigation;

(3) cooperate with persons engaged in air commerce in

meteorological services, maintain reciprocal arrangements with

those persons in carrying out this clause, and collect and

distribute weather reports available from aircraft in flight;

(4) maintain and coordinate international exchanges of

meteorological information required for the safety and efficiency

of air navigation;

(5) in cooperation with other departments, agencies, and

instrumentalities of the United States Government, meteorological

services of foreign countries, and persons engaged in air

commerce, participate in developing an international basic

meteorological reporting network, including the establishment,

operation, and maintenance of reporting stations on the high

seas, in polar regions, and in foreign countries;

(6) coordinate meteorological requirements in the United States

to maintain standard observations, to promote efficient use of

facilities, and to avoid duplication of services unless the

duplication tends to promote the safety and efficiency of air

navigation; and

(7) promote and develop meteorological science and foster and

support research projects in meteorology through the use of

private and governmental research facilities and provide for

publishing the results of the projects unless publication would

not be in the public interest.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1201.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44720(a) 49 App.:1351. Aug. 23, 1958, Pub. L.

85-726, Secs. 310, 803, 72

Stat. 751, 783.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

44720(b) 49 App.:1463.

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

--------------------------------------------------------------------

In subsection (b), the title "Secretary" [of Commerce] is

substituted for "Chief of the Weather Bureau" in section 803 of the

Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 783)

because of sections 1 and 2 of Reorganization Plan No. 2 of 1965

(eff. July 13, 1965, 79 Stat. 1318). Before clause (1), the words

"In order" and "in addition to any other functions or duties

pertaining to weather information for other purposes" are omitted

as surplus. In clause (2), the words "forecasts, warnings, and

advices" are omitted as being included in "reports". In clause (3),

the words "or employees thereof" and "establish and" are omitted as

surplus. The words "with those persons" are added for clarity. In

clause (5), the words "departments, agencies, and instrumentalities

of the United States Government" are substituted for "governmental

agencies of the United States" for consistency in the revised title

and with other titles of the United States Code.

AUTOMATED SURFACE OBSERVATION SYSTEM STATIONS

Pub. L. 106-181, title VII, Sec. 728, Apr. 5, 2000, 114 Stat.

168, provided that: "The Administrator [of the Federal Aviation

Administration] shall not terminate human weather observers for

Automated Surface Observation System stations until -

"(1) the Administrator determines that the system provides

consistent reporting of changing meteorological conditions and

notifies Congress in writing of that determination; and

"(2) 60 days have passed since the report was transmitted to

Congress."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 46301 of this title.

-End-

-CITE-

49 USC Sec. 44721 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44721. Aeronautical charts and related products and services

-STATUTE-

(a) Publication. -

(1) In general. - The Administrator of the Federal Aviation

Administration may arrange for the publication of aeronautical

maps and charts necessary for the safe and efficient movement of

aircraft in air navigation, using the facilities and assistance

of departments, agencies, and instrumentalities of the United

States Government as far as practicable.

(2) Navigation routes. - In carrying out paragraph (1), the

Administrator shall update and arrange for the publication of

clearly defined routes for navigating through a complex terminal

airspace area and to and from an airport located in such an area,

if the Administrator decides that publication of the routes would

promote safety in air navigation. The routes shall be developed

in consultation with pilots and other users of affected airports

and shall be for the optional use of pilots operating under

visual flight rules.

(b) Indemnification. - The Government shall make an agreement to

indemnify any person that publishes a map or chart for use in

aeronautics from any part of a claim arising out of the depiction

by the person on the map or chart of a defective or deficient

flight procedure or airway if the flight procedure or airway was -

(1) prescribed by the Administrator;

(2) depicted accurately on the map or chart; and

(3) not obviously defective or deficient.

(c) Authority of Office of Aeronautical Charting and Cartography.

- Effective October 1, 2000, the Administrator is vested with and

shall exercise the functions, powers, and duties of the Secretary

of Commerce and other officers of the Department of Commerce that

relate to the Office of Aeronautical Charting and Cartography to

provide aeronautical charts and related products and services for

the safe and efficient navigation of air commerce, under the

following authorities:

(1) Sections 1 through 9 of the Act entitled "An Act to define

the functions and duties of the Coast and Geodetic Survey, and

for other purposes", approved August 6, 1947,(!1) (33 U.S.C.

883a-883h).

(2) Section 6082 of the Consolidated Omnibus Budget

Reconciliation Act of 1985 (33 U.S.C. 883j).

(d) Authority. - In order that full public benefit may be derived

from the dissemination of data resulting from activities under this

section and of related data from other sources, the Administrator

may -

(1) develop, process, disseminate and publish digital and

analog data, information, compilations, and reports;

(2) compile, print, and disseminate aeronautical charts and

related products and services of the United States and its

territories and possessions;

(3) compile, print, and disseminate aeronautical charts and

related products and services covering international airspace as

are required primarily by United States civil aviation; and

(4) compile, print, and disseminate nonaeronautical

navigational, transportation or public-safety-related products

and services when in the best interests of the Government.

(e) Contracts, Cooperative Agreements, Grants, and Other

Agreements. -

(1) Contracts. - The Administrator is authorized to contract

with qualified organizations for the performance of any part of

the authorized functions of the Office of Aeronautical Charting

and Cartography when the Administrator deems such procedure to be

in the public interest and will not compromise public safety.

(2) Cooperative agreements, grants, and other agreements. - The

Administrator is authorized to enter into cooperative agreements,

grants, reimbursable agreements, memoranda of understanding and

other agreements, with a State, subdivision of a State, Federal

agency, public or private organization, or individual, to carry

out the purposes of this section.

(f) Special Services and Products. -

(1) In general. - The Administrator is authorized, at the

request of a State, subdivision of a State, Federal agency,

public or private organization, or individual, to conduct special

services, including making special studies, or developing special

publications or products on matters relating to navigation,

transportation, or public safety.

(2) Fees. - The Administrator shall assess a fee for any

special service provided under paragraph (1). A fee shall be not

more than the actual or estimated full cost of the service. A fee

may be reduced or waived for research organizations, educational

organizations, or non-profit organizations, when the

Administrator determines that reduction or waiver of the fee is

in the best interest of the Government by furthering public

safety.

(g) Sale and Dissemination of Aeronautical Products. -

(1) In general. - Aeronautical products created or maintained

under the authority of this section shall be sold at prices

established annually by the Administrator consistent with the

following:

(A) Maximum price. - Subject to subparagraph (B), the price

of an aeronautical product sold to the public shall be not more

than necessary to recover all costs attributable to: (i) data

base management and processing; (ii) compilation; (iii)

printing or other types of reproduction; and (iv) dissemination

of the product.

(B) Adjustment of price. - The Administrator shall adjust the

price of an aeronautical product and service sold to the public

as necessary to avoid any adverse impact on aviation safety

attributable to the price specified under this paragraph.

(C) Costs attributable to acquisition of aeronautical data. -

A price established under this paragraph may not include costs

attributable to the acquisition of aeronautical data.

(D) Continuation of prices. - The price of any product

created under subsection (d) may correspond to the price of a

comparable product produced by a department of the United

States Government as that price was in effect on September 30,

2000, and may remain in effect until modified by regulation

under section 9701 of title 31, United States Code.

(2) Publication of prices. - The Administrator shall publish

annually the prices at which aeronautical products are sold to

the public.

(3) Distribution. - The Administrator may distribute

aeronautical products and provide aeronautical services -

(A) without charge to each foreign government or

international organization with which the Administrator or a

Federal department or agency has an agreement for exchange of

these products or services without cost;

(B) at prices the Administrator establishes, to the

departments and officers of the United States requiring them

for official use; and

(C) at reduced or no charge where, in the judgment of the

Administrator, furnishing the aeronautical product or service

to a recipient is a reasonable exchange for voluntary

contribution of information by the recipient to the activities

under this section.

(4) Fees. - The fees provided for in this subsection are for

the purpose of reimbursing the Government for the costs of

creating, printing and disseminating aeronautical products and

services under this section. The collection of fees authorized by

this section does not alter or expand any duty or liability of

the Government under existing law for the performance of

functions for which fees are collected, nor does the collection

of fees constitute an express or implied undertaking by the

Government to perform any activity in a certain manner.

(5) Crediting amounts received. - Notwithstanding any other

provision of law, amounts received for the sale of products

created and services performed under this section shall be fully

credited to the account of the Federal Aviation Administration

that funded the provision of the products or services and shall

remain available until expended.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1202; Pub. L.

106-181, title VI, Sec. 603(a), Apr. 5, 2000, 114 Stat. 150; Pub.

L. 106-424, Sec. 17(a), Nov. 1, 2000, 114 Stat. 1888.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44721(a)(1) 49 App.:1348(b) Aug. 23, 1958, Pub. L.

(1st sentence cl. 85-726, Sec. 307(b) (1st

(3)). sentence cl. (3)), 72 Stat.

750.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

44721(a)(2) 49 App.:1348(b) Aug. 23, 1958, Pub. L.

(3d, last 85-726, 72 Stat. 749, Sec.

sentences). 307(b) (3d, last sentences);

added Oct. 31, 1992, Pub. L.

102-581, Sec. 125, 106 Stat.

4885.

44721(b) 49 App.:1519. Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

1118; added Dec. 19, 1985,

Pub. L. 99-190, Sec. 328(a),

99 Stat. 1289.

--------------------------------------------------------------------

In subsection (a)(1), the word "Administrator" in section 307(b)

of the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat.

750) is retained on authority of 49:106(g). The words "within the

limits of available appropriations made by the Congress" are

omitted as surplus. The words "departments, agencies, and

instrumentalities of the United States Government" are substituted

for "existing agencies of the Government" for consistency in the

revised title and with other titles of the United States Code.

In subsection (b), before clause (1), the words "Notwithstanding

the provisions of section 1341 of title 31 or any other provision

of law" are omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

Sections 1 through 9 of the Act entitled "An Act to define the

functions and duties of the Coast and Geodetic Survey, and for

other purposes", approved August 6, 1947, referred to in subsec.

(c)(1), are classified to sections 883a to 883i of Title 33,

Navigation and Navigable Waters. Section 883g of Title 33 was

repealed by Pub. L. 88-611, Sec. 4(a)(2), Oct. 2, 1964, 78 Stat.

991.

-MISC2-

AMENDMENTS

2000 - Pub. L. 106-181 amended section catchline and text

generally. Prior to amendment, text read as follows:

"(a) Publication. - (1) The Administrator of the Federal Aviation

Administration may arrange for the publication of aeronautical maps

and charts necessary for the safe and efficient movement of

aircraft in air navigation, using the facilities and assistance of

departments, agencies, and instrumentalities of the United States

Government as far as practicable.

"(2) In carrying out paragraph (1) of this subsection, the

Administrator shall update and arrange for the publication of

clearly defined routes for navigating through a complex terminal

airspace area and to and from an airport located in such an area,

if the Administrator decides that publication of the routes would

promote safety in air navigation. The routes shall be developed in

consultation with pilots and other users of affected airports and

shall be for the optional use of pilots operating under visual

flight rules.

"(b) Indemnification. - The Government shall make an agreement to

indemnify any person that publishes a map or chart for use in

aeronautics from any part of a claim arising out of the depiction

by the person on the map or chart of a defective or deficient

flight procedure or airway if the flight procedure or airway was -

"(1) prescribed by the Administrator;

"(2) depicted accurately on the map or chart; and

"(3) not obviously defective or deficient."

Subsec. (c)(3), (4). Pub. L. 106-424, Sec. 17(a)(1), struck out

pars. (3) and (4) which read as follows:

"(3) Section 1307 of title 44, United States Code.

"(4) The provision of title II of the Departments of Commerce,

Justice, and State, the Judiciary, and Related Agencies

Appropriations Act, 1995 under the heading 'National Oceanic and

Atmospheric Administration' relating to aeronautical charts (44

U.S.C. 1307 note)."

Subsec. (g)(1)(D). Pub. L. 106-424, Sec. 17(a)(2), added subpar.

(D).

Subsec. (g)(5). Pub. L. 106-424, Sec. 17(a)(3), added par. (5).

EFFECTIVE DATE OF 2000 AMENDMENTS

Pub. L. 106-424, Sec. 17(b), Nov. 1, 2000, 114 Stat. 1889,

provided that: "The amendments made by subsection (a) [amending

this section] take effect on October 1, 2000."

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.

SAVINGS PROVISION

Pub. L. 106-181, title VI, Sec. 604, Apr. 5, 2000, 114 Stat. 152,

provided that:

"(a) Continued Effectiveness of Directives. - All orders,

determinations, rules, regulations, permits, contracts,

certificates, licenses, privileges, and financial assistance that -

"(1) have been issued, made, granted, or allowed to become

effective by the President of the United States, the Secretary of

Commerce, the Administrator of the National Oceanic and

Atmospheric Administration, any Federal agency or official

thereof, or by a court of competent jurisdiction, in the

performance of functions which are transferred by this title

[amending this section, sections 883b and 883e of Title 33,

Navigation and Navigable Waters, and section 1307 of Title 44,

Public Printing and Documents, and enacting provisions set out as

notes under this section]; and

"(2) are in effect on the date of transfer,

shall continue in effect according to their terms until modified,

terminated, superseded, set aside, or revoked in accordance with

law by the President of the United States, the Administrator of the

Federal Aviation Administration, a court of competent jurisdiction,

or by operation of law.

"(b) Continued Effectiveness of Pending Actions. -

"(1) In general. - The provisions of this title shall not

affect any proceedings, including notices of proposed rulemaking,

or any application for any license, permit, certificate, or

financial assistance pending on the date of transfer before the

Department of Commerce or the National Oceanic and Atmospheric

Administration, or any officer of such Department or

Administration, with respect to functions transferred by this

title, but such proceedings or applications, to the extent that

they relate to functions transferred, shall be continued in

accord with transition guidelines promulgated by the

Administrator of the Federal Aviation Administration under the

authority of this section. Orders issued in any such proceedings

shall continue in effect until modified, terminated, superseded,

or revoked by the Administrator of the Federal Aviation

Administration, by a court of competent jurisdiction, or by

operation of law. Nothing in this subsection prohibits the

discontinuance or modification of any such proceeding under the

same terms and conditions and to the same extent that such

proceeding could have been discontinued or modified if this title

had not been enacted.

"(2) Transition guidelines. - The Secretary of Commerce, the

Administrator of the National Oceanic and Atmospheric

Administration, and the Administrator of the Federal Aviation

Administration are authorized to issue transition guidelines

providing for the orderly transfer of proceedings and otherwise

to accomplish the orderly transfer of functions, personnel and

property under this title.

"(c) Continued Effectiveness of Judicial Actions. - No cause of

action by or against the Department of Commerce or the National

Oceanic and Atmospheric Administration with respect to functions

transferred by this title, or by or against any officer thereof in

the official's capacity, shall abate by reason of the enactment of

this title. Causes of action and actions with respect to a function

or office transferred by this title, or other proceedings may be

asserted by or against the United States or an official of the

Federal Aviation Administration, as may be appropriate, and, in an

action pending when this title takes effect, the court may at any

time, on its own motion or that of any party, enter an order that

will give effect to the provisions of this subsection.

"(d) Substitution or Addition of Parties to Judicial Actions. -

If, on the date of transfer, the Department of Commerce or the

National Oceanic and Atmospheric Administration, or any officer of

the Department or Administration in an official capacity, is a

party to an action, and under this title any function relating to

the action of the Department, Administration, or officer is

transferred to the Federal Aviation Administration, then such

action shall be continued with the Administrator of the Federal

Aviation Administration substituted or added as a party.

"(e) Continued Jurisdiction Over Actions Transferred. - Orders

and actions of the Administrator of the Federal Aviation

Administration in the exercise of functions transferred by this

title shall be subject to judicial review to the same extent and in

the same manner as if such orders and actions had been by the

Department of Commerce or the National Oceanic and Atmospheric

Administration, or any office or officer of such Department or

Administration, in the exercise of such functions immediately

preceding their transfer.

"(f) Liabilities and Obligations. - The Administrator of the

Federal Aviation Administration shall assume all liabilities and

obligations (tangible and incorporeal, present and executory)

associated with the functions transferred under this title on the

date of transfer, including leases, permits, licenses, contracts,

agreements, claims, tariffs, accounts receivable, accounts payable,

financial assistance, and litigation relating to such obligations,

regardless whether judgment has been entered, damages awarded, or

appeal taken."

-TRANS-

TRANSFER OF FUNCTIONS

Pub. L. 106-181, title VI, Sec. 601, Apr. 5, 2000, 114 Stat. 149,

provided that: "Effective October 1, 2000, there are transferred to

the Federal Aviation Administration and vested in the Administrator

the functions, powers, and duties of the Secretary of Commerce and

other officers of the Department of Commerce that relate to the

Office of Aeronautical Charting and Cartography and are set forth

in section 44721 of title 49, United States Code."

-MISC3-

TRANSFER OF OFFICE, PERSONNEL, AND FUNDS

Pub. L. 106-181, title VI, Sec. 602, Apr. 5, 2000, 114 Stat. 149,

provided that:

"(a) Transfer of Office. - Effective October 1, 2000, the Office

of Aeronautical Charting and Cartography of the National Oceanic

and Atmospheric Administration, Department of Commerce, is

transferred to the Federal Aviation Administration.

"(b) Other Transfers. - Effective October 1, 2000, the personnel

employed in connection with, and the assets, liabilities,

contracts, property, equipment, facilities, records, and unexpended

balance of appropriations, and other funds employed, held, used,

arising from, available to, or to be made available in connection

with the function and offices, or portions of offices, transferred

by this title [amending this section, sections 883b and 883e of

Title 33, Navigation and Navigable Waters, and section 1307 of

Title 44, Public Printing and Documents, and enacting provisions

set out as notes under this section], including all Senior

Executive Service positions, subject to section 1531 of title 31,

United States Code, are transferred to the Administrator of the

Federal Aviation Administration for appropriate allocation.

Personnel employed in connection with functions transferred by this

title transfer under any applicable law and regulation relating to

transfer of functions. Unexpended funds transferred under this

section shall be used only for the purposes for which the funds

were originally authorized and appropriated, except that funds may

be used for expenses associated with the transfer authorized by

this title."

PROCUREMENT OF PRIVATE ENTERPRISE MAPPING, CHARTING, AND GEOGRAPHIC

INFORMATION SYSTEMS

Pub. L. 106-181, title VI, Sec. 607, Apr. 5, 2000, 114 Stat. 154,

provided that: "The Administrator [of the Federal Aviation

Administration] shall consider procuring mapping, charting, and

geographic information systems necessary to carry out the duties of

the Administrator under title 49, United States Code, from private

enterprises, if the Administrator determines that such procurement

furthers the mission of the Federal Aviation Administration and is

cost effective."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 46301 of this title.

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-

-CITE-

49 USC Sec. 44722 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44722. Aircraft operations in winter conditions

-STATUTE-

The Administrator of the Federal Aviation Administration shall

prescribe regulations requiring procedures to improve safety of

aircraft operations during winter conditions. In deciding on the

procedures to be required, the Administrator shall consider at

least aircraft and air traffic control modifications, the

availability of different types of deicing fluids (considering

their efficacy and environmental limitations), the types of deicing

equipment available, and the feasibility and desirability of

establishing timeframes within which deicing must occur under

certain types of inclement weather.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1202.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44722 49:1421 (note). Oct. 31, 1992, Pub. L.

102-581, Sec. 124, 106 Stat.

4885.

--------------------------------------------------------------------

The words "Before November 1, 1992" are omitted as obsolete. The

words "prescribe regulations requiring" are substituted for

"require, by regulation", and the words "other factors the

Administrator considers appropriate" are substituted for "among

other things", for consistency in the revised title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 46301 of this title.

-End-

-CITE-

49 USC Sec. 44723 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44723. Annual report

-STATUTE-

Not later than January 1 of each year, the Secretary of

Transportation shall submit to Congress a comprehensive report on

the safety enforcement activities of the Federal Aviation

Administration during the fiscal year ending the prior September

30th. The report shall include -

(1) a comparison of end-of-year staffing levels by operations,

maintenance, and avionics inspector categories to staffing goals

and a statement on how staffing standards were applied to make

allocations between air carrier and general aviation operations,

maintenance, and avionics inspectors;

(2) schedules showing the range of inspector experience by

various inspector work force categories, and the number of

inspectors in each of the categories who are considered fully

qualified;

(3) schedules showing the number and percentage of inspectors

who have received mandatory training by individual course, and

the number of inspectors by work force categories, who have

received all mandatory training;

(4) a description of the criteria used to set annual work

programs, an explanation of how these criteria differ from

criteria used in the prior fiscal year and how the annual work

programs ensure compliance with appropriate regulations and safe

operating practices;

(5) a comparison of actual inspections performed during the

fiscal year to the annual work programs by field location and,

for any field location completing less than 80 percent of its

planned number of inspections, an explanation of why annual work

program plans were not met;

(6) a statement of the adequacy of Administration internal

management controls available to ensure that field managers

comply with Administration policies and procedures, including

those on inspector priorities, district office coordination,

minimum inspection standards, and inspection followup;

(7) the status of efforts made by the Administration to update

inspector guidance documents and regulations to include

technological, management, and structural changes taking place in

the aviation industry, including a listing of the backlog of all

proposed regulatory amendments;

(8) a list of the specific operational measures of

effectiveness used to evaluate -

(A) the progress in meeting program objectives;

(B) the quality of program delivery; and

(C) the nature of emerging safety problems;

(9) a schedule showing the number of civil penalty cases closed

during the 2 prior fiscal years, including the total initial and

final penalties imposed, the total number of dollars collected,

the range of dollar amounts collected, the average case

processing time, and the range of case processing time;

(10) a schedule showing the number of enforcement actions taken

(except civil penalties) during the 2 prior fiscal years,

including the total number of violations cited, and the number of

cited violation cases closed by certificate suspensions,

certificate revocations, warnings, and no action taken; and

(11) schedules showing the safety record of the aviation

industry during the fiscal year for air carriers and general

aviation, including -

(A) the number of inspections performed when deficiencies

were identified compared with inspections when no deficiencies

were found;

(B) the frequency of safety deficiencies for each air

carrier; and

(C) an analysis based on data of the general status of air

carrier and general aviation compliance with aviation

regulations.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1202.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44723 49:308 (note). Dec. 22, 1987, Pub. L.

100-202, Sec. 317(a), 101

Stat. 1329-380.

Sept. 30, 1988, Pub. L.

100-457, Sec. 317(a), 102

Stat. 2148.

--------------------------------------------------------------------

In clauses (4) and (7), the word "regulations" is substituted for

"Federal regulations" for consistency in the revised title.

In clause (5), the words "by field location" are substituted for

"disaggregated to the field locations" for clarity.

In clause (8), before subclause (A), the words " 'best proxies'

standing between the ultimate goal of accident prevention and

ongoing program activities" are omitted as surplus.

In clause (9), the words "penalties imposed" are substituted for

"assessments" for consistency in the revised title and with other

titles of the United States Code.

In clause (11)(C), the words "aviation regulations" are

substituted for "Federal Aviation Regulations" for consistency in

the revised title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in this section, see section 3003 of Pub. L. 104-66, as amended,

set out as a note under section 1113 of Title 31, Money and

Finance. See, also, the 22nd item on page 132 and the 10th item on

page 135 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 46301 of this title.

-End-

-CITE-

49 USC Sec. 44724 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44724. Manipulation of flight controls

-STATUTE-

(a) Prohibition. - No pilot in command of an aircraft may allow

an individual who does not hold -

(1) a valid private pilots certificate issued by the

Administrator of the Federal Aviation Administration under part

61 of title 14, Code of Federal Regulations; and

(2) the appropriate medical certificate issued by the

Administrator under part 67 of such title,

to manipulate the controls of an aircraft if the pilot knows or

should have known that the individual is attempting to set a record

or engage in an aeronautical competition or aeronautical feat, as

defined by the Administrator.

(b) Revocation of Airmen Certificates. - The Administrator shall

issue an order revoking a certificate issued to an airman under

section 44703 of this title if the Administrator finds that while

acting as a pilot in command of an aircraft, the airman has

permitted another individual to manipulate the controls of the

aircraft in violation of subsection (a).

(c) Pilot in Command Defined. - In this section, the term "pilot

in command" has the meaning given such term by section 1.1 of title

14, Code of Federal Regulations.

-SOURCE-

(Added Pub. L. 104-264, title VI, Sec. 602(a)(1), Oct. 9, 1996, 110

Stat. 3263.)

-MISC1-

EFFECTIVE DATE

Except as otherwise specifically provided, section applicable

only to fiscal years beginning after Sept. 30, 1996, and not to be

construed as affecting funds made available for a fiscal year

ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set

out as an Effective Date of 1996 Amendment note under section 106

of this title.

-End-

-CITE-

49 USC Sec. 44725 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44725. Life-limited aircraft parts

-STATUTE-

(a) In General. - The Administrator of the Federal Aviation

Administration shall conduct a rulemaking proceeding to require the

safe disposition of life-limited parts removed from an aircraft.

The rulemaking proceeding shall ensure that the disposition deter

installation on an aircraft of a life-limited part that has reached

or exceeded its life limits.

(b) Safe Disposition. - For the purposes of this section, safe

disposition includes any of the following methods:

(1) The part may be segregated under circumstances that

preclude its installation on an aircraft.

(2) The part may be permanently marked to indicate its used

life status.

(3) The part may be destroyed in any manner calculated to

prevent reinstallation in an aircraft.

(4) The part may be marked, if practicable, to include the

recordation of hours, cycles, or other airworthiness information.

If the parts are marked with cycles or hours of usage, that

information must be updated every time the part is removed from

service or when the part is retired from service.

(5) Any other method approved by the Administrator.

(c) Deadlines. - In conducting the rulemaking proceeding under

subsection (a), the Administrator shall -

(1) not later than 180 days after the date of the enactment of

this section, issue a notice of proposed rulemaking; and

(2) not later than 180 days after the close of the comment

period on the proposed rule, issue a final rule.

(d) Prior-Removed Life-Limited Parts. - No rule issued under

subsection (a) shall require the marking of parts removed from

aircraft before the effective date of the rules issued under

subsection (a), nor shall any such rule forbid the installation of

an otherwise airworthy life-limited part.

-SOURCE-

(Added Pub. L. 106-181, title V, Sec. 504(a), Apr. 5, 2000, 114

Stat. 134.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this section, referred to in subsec.

(c)(1), is the date of enactment of Pub. L. 106-181, which was

approved Apr. 5, 2000.

-MISC1-

EFFECTIVE DATE

Section applicable only to fiscal years beginning after Sept. 30,

1999, see section 3 of Pub. L. 106-181, set out as an Effective

Date of 2000 Amendments note under section 106 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 46301 of this title.

-End-

-CITE-

49 USC Sec. 44726 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 447 - SAFETY REGULATION

-HEAD-

Sec. 44726. Denial and revocation of certificate for counterfeit

parts violations

-STATUTE-

(a) Denial of Certificate. -

(1) In general. - Except as provided in paragraph (2) of this

subsection and subsection (e)(2), the Administrator of the

Federal Aviation Administration may not issue a certificate under

this chapter to any person -

(A) convicted in a court of law of a violation of a law of

the United States relating to the installation, production,

repair, or sale of a counterfeit or fraudulently-represented

aviation part or material; or

(B) subject to a controlling or ownership interest of an

individual convicted of such a violation.

(2) Exception. - Notwithstanding paragraph (1), the

Administrator may issue a certificate under this chapter to a

person described in paragraph (1) if issuance of the certificate

will facilitate law enforcement efforts.

(b) Revocation of Certificate. -

(1) In general. - Except as provided in subsections (f) and

(g), the Administrator shall issue an order revoking a

certificate issued under this chapter if the Administrator finds

that the holder of the certificate or an individual who has a

controlling or ownership interest in the holder -

(A) was convicted in a court of law of a violation of a law

of the United States relating to the installation, production,

repair, or sale of a counterfeit or fraudulently-represented

aviation part or material; or

(B) knowingly, and with the intent to defraud, carried out or

facilitated an activity punishable under a law described in

paragraph (1)(A).

(2) No authority to review violation. - In carrying out

paragraph (1), the Administrator may not review whether a person

violated a law described in paragraph (1)(A).

(c) Notice Requirement. - Before the Administrator revokes a

certificate under subsection (b), the Administrator shall -

(1) advise the holder of the certificate of the reason for the

revocation; and

(2) provide the holder of the certificate an opportunity to be

heard on why the certificate should not be revoked.

(d) Appeal. - The provisions of section 44710(d) apply to the

appeal of a revocation order under subsection (b). For the purpose

of applying that section to the appeal, "person" shall be

substituted for "individual" each place it appears.

(e) Acquittal or Reversal. -

(1) In general. - The Administrator may not revoke, and the

National Transportation Safety Board may not affirm a revocation

of, a certificate under subsection (b)(1)(B) if the holder of the

certificate or the individual referred to in subsection (b)(1) is

acquitted of all charges directly related to the violation.

(2) Reissuance. - The Administrator may reissue a certificate

revoked under subsection (b) of this section to the former holder

if -

(A) the former holder otherwise satisfies the requirements of

this chapter for the certificate; and

(B)(i) the former holder or the individual referred to in

subsection (b)(1), is acquitted of all charges related to the

violation on which the revocation was based; or

(ii) the conviction of the former holder or such individual

of the violation on which the revocation was based is reversed.

(f) Waiver. - The Administrator may waive revocation of a

certificate under subsection (b) if -

(1) a law enforcement official of the United States Government

requests a waiver; and

(2) the waiver will facilitate law enforcement efforts.

(g) Amendment of Certificate. - If the holder of a certificate

issued under this chapter is other than an individual and the

Administrator finds that -

(1) an individual who had a controlling or ownership interest

in the holder committed a violation of a law for the violation of

which a certificate may be revoked under this section or

knowingly, and with intent to defraud, carried out or facilitated

an activity punishable under such a law; and

(2) the holder satisfies the requirements for the certificate

without regard to that individual,

then the Administrator may amend the certificate to impose a

limitation that the certificate will not be valid if that

individual has a controlling or ownership interest in the holder. A

decision by the Administrator under this subsection is not

reviewable by the Board.

-SOURCE-

(Added Pub. L. 106-181, title V, Sec. 505(a)(1), Apr. 5, 2000, 114

Stat. 134.)

-MISC1-

EFFECTIVE DATE

Section applicable only to fiscal years beginning after Sept. 30,

1999, see section 3 of Pub. L. 106-181, set out as an Effective

Date of 2000 Amendments note under section 106 of this title.

-End-