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49 U.S.C. § 1133 — Review of other agency action

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1133 — Review of other agency action

The National Transportation Safety Board shall review on appeal— (1) the denial, amendment, modification, suspension, or revocation of a certificate issued by the Secretary of Transportation under section 44703, 44709, or 44710 of this title; (2) the revocation of a certificate of registration under [section 44106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44106&num=0&edition=prelim); (3) a decision of the head of the department in which the Coast Guard is operating on an appeal from the decision of an administrative law judge denying, revoking, or suspending a license, certificate, document, or register in a proceeding under section 6101, 6301, or 7503, chapter 77, or [section 9303 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section9303&num=0&edition=prelim); and (4) under [section 46301(d)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section46301/d/5&num=0&edition=prelim), an order imposing a penalty under section 46301.

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Source file: Laws/federal/codes/united-states-code/title-49/section-1133-review-of-other-agency-action--2e928b57ac.md
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Source location: Title 49, Chapter 11, § 1133; chapter-011-national-transportation-safety-board.md

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 9303 — United States registered pilot service

**(a)** The Secretary shall prescribe by regulation standards of competency to be met by each applicant for registration under this chapter. An applicant must— (1) have a license as master, mate, or pilot issued under [section 7101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section7101&num=0&edition=prelim); (2) have acquired at least 24 months licensed service or equivalent experience on vessels or integrated towing vessels and tows of at least 4,000 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim), operating on the Great Lakes or oceans, with a minimum of 6 months of that service or experience having been on the Great Lakes; and (3) agree that, if appointed as a United States registered pilot, the applicant will be available for service when required. **(b)** The Secretary shall issue to each registered pilot under this chapter a certificate of registration describing the areas within which the pilot may serve. The pilot shall carry the certificate when in the service of a vessel. **(c)** The Secretary shall prescribe by regulation the duration of validity of registration. **(d)** The Secretary may prescribe by regulation the conditions for service by United States registered pilots, including availability for service. **(e)** Subject to sections 551–559 of title 5, the

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44106 — Revocation of aircraft certificates for controlled substance violations

**(a) Definition.—** In this section, “controlled substance” has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ([21 U.S.C. 802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim)). **(b) Revocations.—** (1) The Administrator of the Federal Aviation Administration shall issue an order revoking the certificate of registration for an aircraft issued to an owner under [section 44103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44103&num=0&edition=prelim) and any other certificate of registration that the owner of the aircraft holds under section 44103, if the Administrator finds that— (A) the aircraft was used to carry out, or facilitate, an activity that is punishable by death or imprisonment for more than one year 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); and (B) the owner of the aircraft permitted the use of the aircraft knowing that the aircraft was to be used for the activity described in clause (A) of this paragraph. (2) An aircraft owner that is not an individual is deemed to have permitted the use of the aircraft knowing that the aircraft was to be used for the activity described in paragraph (1)(A) of this subsection only if a majority of the individuals who control the owner of the aircraft or who are involved in forming the major policy of the owner permitted the use of the aircraft knowing that the aircraft was to be used for the activity described in paragraph (1)(A). **(c) Advice to Holders and Opportunity To Answer.—** Before the Administrator revokes a certificate under subsection

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1153 — Judicial review

**(a) General.—** The appropriate court of appeals of the United States or the United States Court of Appeals for the District of Columbia Circuit may review a final order of the National Transportation Safety Board under this chapter. A person disclosing a substantial interest in the order may apply for review by filing a petition not later than 60 days after the order of the Board is issued. **(b) Persons Seeking Judicial Review of Aviation Matters.—** (1) A person disclosing a substantial interest in an order related to an aviation matter issued by the Board under this chapter may apply for review of the order by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 60 days after the order is issued. The court may allow the petition to be filed after the 60 days only if there was a reasonable ground for not filing within that 60-day period. (2) When a petition is filed under paragraph (1) of this subsection, the clerk of the court immediately shall send a copy of the petition to the Board. The Board shall file with the court a record of the proceeding in which the order was issued. (3) When the petition is sent to the Board, the court has exclusive jurisdiction to affirm, amend, modify, or set aside any part of the order and may order the Board to conduct further proceedings. After reasonable notice to the Board, the court may grant interim relief by staying the order or taking other appropriate action when cause for its action exists. Findings of fact by the Board, if supported by substantial evidence, are conclusive. (4) In reviewing an ord

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1133 — Review of other agency action

Page 168 TITLE 49—TRANSPORTATION § 1132 Investigation shall revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this Act [see Short Title of 2000 Amendment note set out under section 1101 of this title].’’ MEMORANDUM OF UNDERSTANDING Pub. L. 106–424, § 8, Nov. 1, 2000, 114 Stat. 1886, pro- vided that: ‘‘Not later than 1 year after the date of the enactment of this Act [Nov. 1, 2000], the National Transportation Safety Board and the United States Coast Guard shall revise their Memorandum of Under- standing governing major marine accidents— ‘‘(1) to redefine or clarify the standards used to de- termine when the National Transportation Safety Board will lead an investigation; and ‘‘(2) to develop new standards to determine when a major marine accident involves significant safety issues relating to Coast Guard safety functions.’’ § 1132. Civil aircraft accident investigations (a) GENERAL AUTHORITY.—(1) The National Transportation Safety Board shall investigate— (A) each accident involving civil aircraft; and (B) with the participation of appropriate military authorities, each accident involving both military and civil aircraft. (2) A person employed under section 1113(b)(1) of this title that is conducting an investigation or hearing about an aircraft accident has the same authority to conduct the investigation or hearing as the Board. (b) NOTIFICATION AND REPORTING.—The Board shall prescribe regulations governing the notifi- cation and reporting of accidents involving civil aircraft. (c) PARTICIPATION OF SECRETARY.—The Board shall provide for the participation of the Sec- retary of Transportation in the investigation of an aircraft accident under this chapter when participation is necessary

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