-CITE- 49 USC CHAPTER 447 - SAFETY REGULATION 01/02/2006 -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, airworthiness certificates, and design organization 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. 44727. Runway safety areas. 44728. Flight attendant certification. AMENDMENTS 2003 - Pub. L. 108-176, title II, Sec. 227(e)(2), title V, Sec. 502(b), title VIII, Sec. 814(b), Dec. 12, 2003, 117 Stat. 2532, 2557, 2592, substituted "Type certificates, production certificates, airworthiness certificates, and design organization certificates" for "Type certificates, production certificates, and airworthiness certificates" in item 44704 and added items 44727 and 44728. 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. -End- -CITE- 49 USC Sec. 44701 01/02/2006 -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. FAA INSPECTOR TRAINING Pub. L. 108-176, title V, Sec. 506, Dec. 12, 2003, 117 Stat. 2560, provided that: "(a) Study. - "(1) In general. - The Comptroller General shall conduct a study of the training of the aviation safety inspectors of the Federal Aviation Administration (in this section referred to as 'FAA inspectors'). "(2) Contents. - The study shall include - "(A) an analysis of the type of training provided to FAA inspectors; "(B) actions that the Federal Aviation Administration has undertaken to ensure that FAA inspectors receive up-to-date training on the latest technologies; "(C) the extent of FAA inspector training provided by the aviation industry and whether such training is provided without charge or on a quid pro quo basis; and "(D) the amount of travel that is required of FAA inspectors in receiving training. "(3) Report. - Not later than 1 year after the date of enactment of this Act [Dec. 12, 2003], the Comptroller General 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 results of the study. "(b) Sense of the House. - It is the sense of the House of Representatives that - "(1) FAA inspectors should be encouraged to take the most up-to- date initial and recurrent training on the latest aviation technologies; "(2) FAA inspector training should have a direct relation to an individual's job requirements; and "(3) if possible, a FAA inspector should be allowed to take training at the location most convenient for the inspector. "(c) Workload of Inspectors. - "(1) Study by national academy of sciences. - Not later than 90 days after the date of enactment of this Act [Dec. 12, 2003], the Administrator of the Federal Aviation Administration shall make appropriate arrangements for the National Academy of Sciences to conduct a study of the assumptions and methods used by the Federal Aviation Administration to estimate staffing standards for FAA inspectors to ensure proper oversight over the aviation industry, including the designee program. "(2) Contents. - The study shall include the following: "(A) A suggested method of modifying FAA inspectors staffing models for application to current local conditions or applying some other approach to developing an objective staffing standard. "(B) The approximate cost and length of time for developing such models. "(3) Report. - Not later than 12 months after the initiation of the arrangements under subsection (a), the National Academy of Sciences shall transmit to Congress a report on the results of the study." 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." -End- -CITE- 49 USC Sec. 44702 01/02/2006 -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; Pub. L. 108-176, title II, Sec. 227(a), Dec. 12, 2003, 117 Stat. 2531.) -STATAMEND- AMENDMENT OF SUBSECTION (A) Pub. L. 108-176, title II, Sec. 227(a), Dec. 12, 2003, 117 Stat. 2531, provided that, effective on the last day of the 7-year period beginning on Dec. 12, 2003, subsection (a) of this section is amended by inserting "design organization certificates," after "airman certificates,". 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). -MISC1- EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108-176, title II, Sec. 227(a), Dec. 12, 2003, 117 Stat. 2531, provided that the amendment made by section 227(a) is effective on the last day of the 7-year period beginning on Dec. 12, 2003. DEVELOPMENT OF ANALYTICAL TOOLS AND CERTIFICATION METHODS Pub. L. 108-176, title VII, Sec. 706, Dec. 12, 2003, 117 Stat. 2582, provided that: "The Federal Aviation Administration shall conduct research to promote the development of analytical tools to improve existing certification methods and to reduce the overall costs for the certification of new products." -End- -CITE- 49 USC Sec. 44703 01/02/2006 -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- IMPROVED PILOT LICENSES Pub. L. 108-458, title IV, Sec. 4022, Dec. 17, 2004, 118 Stat. 3723, provided that: "(a) In General. - Not later than one year after the date of enactment of this Act [Dec. 17, 2004], the Administrator of the Federal Aviation Administration shall begin to issue improved pilot licenses consistent with the requirements of title 49, United States Code, and title 14, Code of Federal Regulations. "(b) Requirements. - Improved pilots licenses issued under subsection (a) shall - "(1) be resistant to tampering, alteration, and counterfeiting; "(2) include a photograph of the individual to whom the license is issued; and "(3) be capable of accommodating a digital photograph, a biometric identifier, or any other unique identifier that the Administrator considers necessary. "(c) Tampering. - To the extent practical, the Administrator shall develop methods to determine or reveal whether any component or security feature of a license issued under subsection (a) has been tampered, altered, or counterfeited. "(d) Use of Designees. - The Administrator may use designees to carry out subsection (a) to the extent feasible in order to minimize the burdens on pilots." 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." -End- -CITE- 49 USC Sec. 44704 01/02/2006 -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, airworthiness certificates, and design organization certificates -STATUTE- (a) Type Certificates. - (1) Issuance, investigations, and tests. - 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) Specifications. - 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. (3) Special rules for new aircraft and appliances. - Except as provided in paragraph (4), if the holder of a type certificate agrees to permit another person to use the certificate to manufacture a new 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. Such other person may manufacture a new aircraft, aircraft engine, propeller, or appliance based on a type certificate only if such other person is the holder of the type certificate or has permission from the holder. (4) Limitation for aircraft manufactured before august 5, 2004. - Paragraph (3) shall not apply to a person who began the manufacture of an aircraft before August 5, 2004, and who demonstrates to the satisfaction of the Administrator that such manufacture began before August 5, 2004, if the name of the holder of the type certificate for the aircraft does not appear on the airworthiness certificate or identification plate of the aircraft. The holder of the type certificate for the aircraft shall not be responsible for the continued airworthiness of the aircraft. A person may invoke the exception provided by this paragraph with regard to the manufacture of only one aircraft. (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. (e) Design Organization Certificates. - (1) Issuance. - Beginning 7 years after the date of enactment of this subsection, the Administrator may issue a design organization certificate to a design organization to authorize the organization to certify compliance with the requirements and minimum standards prescribed under section 44701(a) for the type certification of aircraft, aircraft engines, propellers, or appliances. (2) Applications. - On receiving an application for a design organization certificate, the Administrator shall examine and rate the design organization submitting the application, in accordance with regulations to be prescribed by the Administrator, to determine whether the design organization has adequate engineering, design, and testing capabilities, standards, and safeguards to ensure that the product being certificated is properly designed and manufactured, performs properly, and meets the regulations and minimum standards prescribed under section 44701(a). (3) Issuance of type certificates based on design organization certification. - The Administrator may rely on certifications of compliance by a design organization when making a finding under subsection (a). (4) Public safety. - The Administrator shall include in a design organization certificate issued under this subsection terms required in the interest of safety. (5) No effect on power of revocation. - Nothing in this subsection affects the authority of the Secretary of Transportation to revoke a certificate. -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; Pub. L. 108-176, title II, Sec. 227(b)(2), (e)(1), title VIII, Sec. 811, Dec. 12, 2003, 117 Stat. 2531, 2532, 2590; Pub. L. 109-59, title IV, Sec. 4405, Aug. 10, 2005, 119 Stat. 1776.) -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. -REFTEXT- REFERENCES IN TEXT The date of enactment of this subsection, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 108-176, which was approved Dec. 12, 2003. -MISC2- AMENDMENTS 2005 - Subsec. (a)(1) to (3). Pub. L. 109-59, Sec. 4405(1)-(3), (5), (6), inserted par. headings, realigned margins, and substituted "Except as provided in paragraph (4), if" for "If" in par. (3). Subsec. (a)(4). Pub. L. 109-59, Sec. 4405(4), added par. (4). 2003 - Pub. L. 108-176, Sec. 227(e)(1), added section catchline and struck out former section catchline which read as follows: "Type certificates, production certificates, and airworthiness certificates". Subsec. (a)(3). Pub. L. 108-176, Sec. 811, added par. (3). Subsec. (e). Pub. L. 108-176, Sec. 227(b)(2), added subsec. (e). 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 2003 AMENDMENT Amendment by Pub. L. 108-176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108-176, set out as a note under section 106 of this title. EFFECTIVE DATE OF 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. PLAN FOR DEVELOPMENT AND OVERSIGHT OF SYSTEM FOR CERTIFICATION OF DESIGN ORGANIZATIONS Pub. L. 108-176, title II, Sec. 227(b)(1), Dec. 12, 2003, 117 Stat. 2531, provided that: "Not later than 4 years after the date of enactment of this Act [Dec. 12, 2003], 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 plan for the development and oversight of a system for certification of design organizations to certify compliance with the requirements and minimum standards prescribed under section 44701(a) of title 49, United States Code, for the type certification of aircraft, aircraft engines, propellers, or appliances." -End- -CITE- 49 USC Sec. 44705 01/02/2006 -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. -End- -CITE- 49 USC Sec. 44706 01/02/2006 -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. IMPROVEMENT OF RUNWAY SAFETY AREAS Pub. L. 109-115, div. A, title I, Nov. 30, 2005, 119 Stat. 2401, provided in part: "That not later than December 31, 2015, the owner or operator of an airport certificated under 49 U.S.C. 44706 shall improve the airport's runway safety areas to comply with the Federal Aviation Administration design standards required by 14 CFR part 139: Provided further, That the Federal Aviation Administration shall report annually to the Congress on the agency's progress toward improving the runway safety areas at 49 U.S.C. 44706 airports." 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." -End- -CITE- 49 USC Sec. 44707 01/02/2006 -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." -End- -CITE- 49 USC Sec. 44708 01/02/2006 -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). -End- -CITE- 49 USC Sec. 44709 01/02/2006 -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, design organization, production certificate holder, air navigation facility, or air agency, or reexamine an airman holding a certificate issued under section 44703 of this title. (b) Actions of the Administrator. - The Administrator may issue an order amending, modifying, suspending, or revoking - (1) any part of a certificate issued under this chapter if - (A) the Administrator decides after conducting a reinspection, reexamination, or other investigation that safety in air commerce or air transportation and the public interest require that action; or (B) the holder of the certificate has violated an aircraft noise or sonic boom standard or regulation prescribed under section 44715(a) of this title; and (2) an airman certificate when the holder of the certificate is convicted of violating section 13(a) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j-1(a)). (c) Advice to Certificate Holders and Opportunity To Answer. - Before acting under 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; Pub. L. 108-176, title II, Sec. 227(c), Dec. 12, 2003, 117 Stat. 2532.) -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 2003 - Subsec. (a). Pub. L. 108-176 inserted "design organization, production certificate holder," after "appliance,". 2000 - Subsec. (e). Pub. L. 106-181 amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: "When a person files an appeal with the Board under subsection (d) of the section, the order of the Administrator is stayed. However, if the Administrator advises the Board that an emergency exists and safety in air commerce or air transportation requires the order to be effective immediately - "(1) the order is effective; and "(2) the Board shall make a final disposition of the appeal not later than 60 days after the Administrator so advises the Board." EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108-176, set out as a note under section 106 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106-181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181, set out as a note under section 106 of this title. -End- -CITE- 49 USC Sec. 44710 01/02/2006 -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)