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49 U.S.C. § 44711 — Prohibitions and exemption
Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibitions.—** A person may not—
(1) operate a civil aircraft in air commerce without an airworthiness certificate in effect or in violation of a term of the certificate;
(2) serve in any capacity as an airman with respect to a civil aircraft, aircraft engine, propeller, or appliance used, or intended for use, in air commerce—
(A) without an airman certificate authorizing the airman to serve in the capacity for which the certificate was issued; or
(B) in violation of a term of the certificate or a regulation prescribed or order issued under section 44701(a) or (b) or any of sections 44702–44716 of this title;
(3) employ for service related to civil aircraft used in air commerce an airman who does not have an airman certificate authorizing the airman to serve in the capacity for which the airman is employed;
(4) operate as an air carrier without an air carrier operating certificate or in violation of a term of the certificate;
(5) operate aircraft in air commerce in violation of a regulation prescribed or certificate issued under section 44701(a) or (b) or any of sections 44702–44716 of this title;
(6) operate a seaplane or other aircraft of United States registry on the high seas in violation of a regulation under section 3 of the International Navigational Rules Act of 1977 ([33 U.S.C. 1602](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1602&num=0&edition=prelim));
(7) violate a term of an air agency, design organization certificate, or production certificate or a regulation prescribed or order issued under section 44701(a) or (b) or any of sections 44702–44716 of this title related to the holder of the certificate;
(8) operate an airport without an airport operating certificate required under [section 44706 of this t
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Stable record: federal_law:legal_authorities:record_usc_7f364777b01f11e309a28f56
Source file: Laws/federal/codes/united-states-code/title-49/section-44711-prohibitions-and-exemption--9a1265e8c8.md
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Source location: Title 49, Chapter 447, § 44711; chapter-447-safety-regulation.md
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**(a) Prohibitions.—** A person may not—
(1) operate a civil aircraft in air commerce without an airworthiness certificate in effect or in violation of a term of the certificate;
(2) serve in any capacity as an airman with respect to a civil aircraft, aircraft engine, propeller, or appliance used, or intended for use, in air commerce—
(A) without an airman certificate authorizing the airman to serve in the capacity for which the certificate was issued; or
(B) in violation of a term of the certificate or a regulation prescribed or order issued under section 44701(a) or (b) or any of sections 44702–44716 of this title;
(3) employ for service related to civil aircraft used in air commerce an airman who does not have an airman certificate authorizing the airman to serve in the capacity for which the airman is employed;
(4) operate as an air carrier without an air carrier operating certificate or in violation of a term of the certificate;
(5) operate aircraft in air commerce in violation of a regulation prescribed or certificate issued under section 44701(a) or (b) or any of sections 44702–44716 of this title;
(6) operate a seaplane or other aircraft of United States registry on the high seas in violation of a regulation under section 3 of the International Navigational Rules Act of 1977 ([33 U.S.C. 1602](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1602&num=0&edition=prelim));
(7) violate a term of an air agency, design organization certificate, or production certificate or a regulation prescribed or order issued under section 44701(a) or (b) or any of sections 44702–44716 of this title related to the holder of the certificate;
(8) operate an airport without an airport operating certificate required under [section 44706 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44706&num=0&edition=prelim) or in violation of a term of the certificate;
(9) manufacture, deliver, sell, or offer for sale any aviation fuel or additive in violation of a regulation prescribed under [section 44714 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44714&num=0&edition=prelim);
(10) work as an aircraft dispatcher outside of a physical location designated as a dispatching center or flight following center of an air carrier, except as provided under section 44747; or
(11) violate section 44732 or any regulation issued thereunder.
**(b) Exemption.—** On terms the Administrator of the Federal Aviation Administration prescribes as being in the public interest, the Administrator may exempt a foreign aircraft and airmen serving on the aircraft from subsection (a) of this section. However, an exemption from observing air traffic regulations may not be granted.
**(c) Prohibition on Employment of Convicted Counterfeit Part Traffickers.—** No person subject to this chapter may knowingly employ anyone to perform a function related to the procurement, sale, production, or repair of a part or material, or the installation of a part into a civil aircraft, who has been convicted in a court of law of a violation of any Federal law relating to the installation, production, repair, or sale of a counterfeit or fraudulently-represented aviation part or material.
**(d) Post-employment Restrictions for Inspectors and Engineers.—**
(1) **Prohibition.—** — A person holding a certificate issued under part 21 or 119 of title 14, Code of Federal Regulations, may not knowingly employ, or make a contractual arrangement that permits, an individual to act as an agent or representative of such person in any matter before the Administration if the individual, in the preceding 2-year period—
(A) served as, or was responsible for oversight of—
(i) a flight standards inspector of the Administration; or
(ii) an employee of the Administration with responsibility for certification functions with respect to a holder of a certificate issued under section 44704(a); and
(B) had responsibility to inspect, or oversee inspection of, the operations of such person.
(2) **Written and oral communications.—** — For purposes of paragraph (1), an individual shall be considered to be acting as an agent or representative of a certificate holder in a matter before the Administration if the individual makes any written or oral communication on behalf of the certificate holder to the Administration (or any of its officers or employees) in connection with a particular matter, whether or not involving a specific party and without regard to whether the individual has participated in, or had responsibility for, the particular matter while serving as an individual covered under paragraph (1).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Federal Aviation Administration is an administration in the Department of Transportation.
**(b) Administration Leadership.—**
(1) **Administrator.—**
(A) *In general.—* — The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate.
(B) *Qualifications.—* — The Administrator shall—
(i) be a citizen of the United States;
(ii) not be an active duty member of the Armed Forces;
(iii) not have retired from the Armed Forces within the 7 years preceding nomination; and
(iv) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office.
(D) *Term of office.—* — The term of office for any individual appointed as Administrator shall be 5 years.
(E) *Reporting chain.—* — Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation.
(2) **Deputy administrator.—**
(A) *In general.—* — The Administrator has a Deputy Administrator, who shall be appointed by the President.
(B) *Qualifications.—* — The Deputy Administrator shall—
(i) be a citizen of the United States; and
(ii) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to s
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 106
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Federal law — U.S. Code and appendices · legal_authorities
**(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 A
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44706
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Proclamation by President; effective date** The President is authorized to proclaim the International Regulations for Preventing Collisions at Sea, 1972 (hereinafter referred to as the “International Regulations”). The effective date of the International Regulations for the United States shall be specified in the proclamation and shall be the date as near as possible to, but no earlier than, the date on which the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (hereinafter referred to as the “Convention”), signed at London, England, under date of October 20, 1972, enters into force for the United States. The International Regulations proclaimed shall consist of the rules and other annexes attached to the Convention.
**(b) Publication of proclamation in Federal Register** The proclamation shall include the International Regulations and shall be published in the Federal Register. On the date specified in the proclamation, the International Regulations shall enter into force for the United States and shall have effect as if enacted by statute.
**(c) Amendment of International Regulations** Subject to the provisions of subsection (d) of this section, the President is also authorized to proclaim any amendment to the International Regulations hereafter adopted in accordance with the provisions of article VI of the Convention, and to which the United States does not object. The effective date of the amendment shall be specified in the proclamation and shall be in accordance with the provisions of the said article VI. The proclamation shall include the adopted amendment and shall be published in the Federal Register. On the date specified in the proclamation, the amendment shall enter into force for the United States as a constituent p
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1602
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Federal law — U.S. Code and appendices · legal_authorities
The Administrator of the Federal Aviation Administration shall prescribe—
(1) standards for the composition or chemical or physical properties of an aircraft fuel or fuel additive to control or eliminate aircraft emissions the Administrator of the Environmental Protection Agency decides under section 231 of the Clean Air Act ([42 U.S.C. 7571](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7571&num=0&edition=prelim)) endanger the public health or welfare; and
(2) regulations providing for carrying out and enforcing those standards.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44714
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter, “aeronautics”, “air commerce”, and “air navigation facility” have the same meanings given those terms in [section 40102(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40102/a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 321
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Federal law — U.S. Code and appendices · legal_authorities
Page 650
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1521
within 6 months after Jan. 3, 1975, on administrative
changes needed and recommendations for new legisla-
tion.
AMENDMENTS
2002—Subsec. (a). Pub. L. 107–295 inserted ‘‘or natural
gas’’ after ‘‘oil’’.
§ 1521. Negotiations with Canada and Mexico; re-
port to Congress
The President of the United States is author-
ized and requested to enter into negotiations
with the Governments of Canada and Mexico to
determine:
(1) the need for intergovernmental under-
standings, agreements, or treaties to protect
the interests of the people of Canada, Mexico,
and the United States and of any party or par-
ties involved with the construction or oper-
ation of deepwater ports; and
(2) the desirability of undertaking joint
studies and investigations designed to insure
protection of the environment and to elimi-
nate any legal and regulatory uncertainty, to
assure that the interests of the people of Can-
ada, Mexico, and the United States are ade-
quately met.
The President shall report to the Congress the
actions taken, the progress achieved, the areas
of disagreement, and the matters about which
more information is needed, together with his
recommendations for further action.
(Pub. L. 93–627, § 22, Jan. 3, 1975, 88 Stat. 2147.)
§ 1522. Limitations on export provisions of sec-
tion 185(u) of title 30 unaffected
Nothing in this chapter shall be construed to
amend, restrict, or otherwise limit the applica-
tion of section 185(u) of title 30.
(Pub. L. 93–627, § 23, Jan. 3, 1975, 88 Stat. 2147.)
§ 1523. General procedures; issuance and enforce-
ment of orders; scope of authority; evi-
dentiary matters
The Secretary or his delegate shall have the
authority to issue and enforce orders during pro-
ceedings brought
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1602
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Federal law — U.S. Code and appendices · legal_authorities
Page 1346
TITLE 49—TRANSPORTATION
§ 44711
In subsection (d)(1), the word ‘‘Administrator’’ is sub-
stituted for ‘‘Federal Aviation Administration’’ be-
cause of 49:106(b) and (g).
In subsection (e)(1), the words ‘‘on appeal’’ and ‘‘con-
tained’’ are omitted as surplus.
In subsection (e)(2)(B)(i), the word ‘‘contained’’ is
omitted as surplus.
In subsection (e)(2)(B)(ii), the words ‘‘judgment of’’
are omitted as surplus.
Editorial Notes
AMENDMENTS
2012—Subsec. (d)(1). Pub. L. 112–153 struck out ‘‘but
shall be bound by all validly adopted interpretations of
laws and regulations the Administrator carries out and
of written agency policy guidance available to the pub-
lic related to sanctions to be imposed under this sec-
tion unless the Board finds an interpretation is arbi-
trary, capricious, or otherwise not according to law’’
after ‘‘findings of fact of the Administrator’’.
§ 44711. Prohibitions and exemption
(a) PROHIBITIONS.—A person may not—
(1) operate a civil aircraft in air commerce
without an airworthiness certificate in effect
or in violation of a term of the certificate;
(2) serve in any capacity as an airman with
respect to a civil aircraft, aircraft engine, pro-
peller, or appliance used, or intended for use,
in air commerce—
(A) without an airman certificate author-
izing the airman to serve in the capacity for
which the certificate was issued; or
(B) in violation of a term of the certificate
or a regulation prescribed or order issued
under section 44701(a) or (b) or any of sec-
tions 44702–44716 of this title;
(3) employ for service related to civil air-
craft used in air commerce an airman who
does not have an airman certificate author-
izing the airman to serve in the capacity for
which the airman is employed;
(4) operate as an air
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 44711
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.