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

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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Stable record: federal_law:legal_authorities:record_usc_7e07894a282f75da2f280db7
Source file: Laws/federal/codes/united-states-code/title-49/section-44106-revocation-of-aircraft-certificates-for-controlled-substance-violations--5fe58b1775.md
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Source location: Title 49, Chapter 441, § 44106; chapter-441-registration-and-recordation-of-aircraft.md

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**(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 (b) of this section, the Administrator shall— (1) advise the holder of the certificate of the charges or reasons on which the Administrator bases the proposed action; and (2) provide the holder of the certificate an opportunity to answer the charges and state why the certificate should not be revoked. **(d) Appeals.—** (1) A person whose certificate is revoked by the Administrator under subsection (b) of this section may appeal the revocation order to the National Transportation Safety Board. The Board shall affirm or reverse the order after providing notice and a hearing on the record. In conducting the hearing, the Board is not bound by the findings of fact of the Administrator. (2) When a person files an appeal with the Board under this subsection, the order of the Administrator revoking the certificate is stayed. However, if the Administrator advises the Board that safety in air transportation or air commerce requires the immediate effectiveness of the order— (A) the order remains effective; and (B) the Board shall dispose of the appeal not later than 60 days after notification by the Administrator under this paragraph. (3) A person substantially affected by an order of the Board under this subsection may seek judicial review of the order under [section 46110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section46110&num=0&edition=prelim). The Administrator shall be made a party to that judicial proceeding. **(e) Acquittal.—** (1) The Administrator may not revoke, and the Board may not affirm a revocation of, a certificate of registration under this section on the basis of an activity described in subsection (b)(1)(A) of this section if the holder of the certificate is acquitted of all charges related to a controlled substance in an indictment or information arising from the activity. (2) If the Administrator has revoked a certificate of registration of a person under this section because of an activity described in subsection (b)(1)(A) of this section, the Administrator shall reissue a certificate to the person if the person— (A) subsequently is acquitted of all charges related to a controlled substance in an indictment or information arising from the activity; and (B) otherwise meets the requirements of [section 44102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44102&num=0&edition=prelim).

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

49 U.S.C. § 44103 — Registration of aircraft

**(a) General.—** (1) On application of the owner of an aircraft that meets the requirements of [section 44102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44102&num=0&edition=prelim), the Administrator of the Federal Aviation Administration shall— (A) register the aircraft; and (B) issue a certificate of registration to its owner. (2) The Administrator may prescribe the extent to which an aircraft owned by the holder of a dealer’s certificate of registration issued under [section 44104(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44104/2&num=0&edition=prelim) also is registered under this section. **(b) Controlled Substance Violations.—** (1) The Administrator may not issue an owner’s certificate of registration under subsection (a)(1) of this section to a person whose certificate is revoked under [section 44106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44106&num=0&edition=prelim) during the 5-year period beginning on the date of the revocation, except— (A) as provided in [section 44106(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44106/e/2&num=0&edition=prelim); or (B) that the Administrator may issue the certificate to the person after the one-year period beginning on the date of the revocation if the Administrator decides that the aircraft otherwise meets the requirements of [section 44102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44102&num=0&edition=prelim) and that denial of a certificate for the 5-year period— (i) would be excessive considering the nature of the offense or the act committed and the bur

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44103

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

49 U.S.C. § 46110 — Judicial review

**(a) Filing and Venue.—** Except for an order related to a foreign air carrier subject to disapproval by the President under section 41307 or 41509(f) of this title, a person disclosing a substantial interest in an order issued by the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) in whole or in part under this part, part B, or subsection (l) or (r) of section 114 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 60th day only if there are reasonable grounds for not filing by the 60th day. **(b) Judicial Procedures.—** When a petition is filed under subsection (a) of this section, the clerk of the court immediately shall send a copy of the petition to the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, as appropriate. The Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall file with the court a record of any proceeding in which the order was issued, as provided in [section 2112 of title

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 46110

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

49 U.S.C. § 44102 — Registration requirements

**(a) Eligibility.—** An aircraft may be registered under [section 44103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44103&num=0&edition=prelim) only when the aircraft is— (1) not registered under the laws of a foreign country and is owned by— (A) a citizen of the United States; (B) an individual citizen of a foreign country lawfully admitted for permanent residence in the United States; or (C) a corporation not a citizen of the United States when the corporation is organized and doing business under the laws of the United States or a State, and the aircraft is based and primarily used in the United States; or (2) an aircraft of— (A) the United States Government; or (B) a State, the District of Columbia, a territory or possession of the United States, or a political subdivision of a State, territory, or possession. **(b) Duty To Define Certain Term.—** In carrying out subsection (a)(1)(C) of this section, the Secretary of Transportation shall define “based and primarily used in the United States”.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44102

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

21 U.S.C. § 802 — Definitions

As used in this subchapter: (1) The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction. (2) The term “administer” refers to the direct application of a controlled substance to the body of a patient or research subject by— (A) a practitioner (or, in his presence, by his authorized agent), or (B) the patient or research subject at the direction and in the presence of the practitioner, whether such application be by injection, inhalation, ingestion, or any other means. (3) The term “agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier’s or warehouseman’s business. (4) The term “Drug Enforcement Administration” means the Drug Enforcement Administration in the Department of Justice. (5) The term “control” means to add a drug or other substance, or immediate precursor, to a schedule under part B of this subchapter, whether by transfer from another schedule or otherwise. (6) The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986. (7) The term “counterfeit substance” means a controlled substance which, or the container or labelin

Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 802

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1133

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

21 U.S.C. § 802 — Definitions

Page 782 TITLE 21—FOOD AND DRUGS § 801a ing it into counterfeit opioid pills. Because fentanyl is lethal in even miniscule doses, this is an extremely deadly tactic, as it too often causes users to ingest a fatal amount unknowingly. SEC. 2. Agency Action. The Secretary of Health and Human Services shall, consistent with section 319 of the Public Health Service Act, 42 U.S.C. 247d, consider declaring that the drug demand and opioid crisis de- scribed in section 1 of this memorandum constitutes a Public Health Emergency. Additionally, the heads of executive departments and agencies, as appropriate and consistent with law, shall exercise all appropriate emergency authorities, as well as other relevant au- thorities, to reduce the number of deaths and minimize the devastation the drug demand and opioid crisis in- flicts upon American communities. SEC. 3. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Health and Human Services is hereby authorized and directed to publish this memo- randum in the Federal Register. DONALD J. TRUMP. § 801a

Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 802

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

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

Page 1222 TITLE 49—TRANSPORTATION § 44106 (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1163.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44105 .......... 49 App.:1401(e)(1). Aug. 23, 1958, Pub. L. 85–726, § 501(e)(1), 72 Stat. 772; Oct. 19, 1984, Pub. L. 98–499, § 4(a), 98 Stat. 2314. 49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. The words ‘‘when the aircraft no longer meets’’ are substituted for ‘‘for any cause which renders the air- craft ineligible’’ for consistency. § 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). (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 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 fa- cilitate, an activity that is punishable by death or imprisonment for more than one year under a law of the United States or a State re- lated 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 p

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 44106

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