49 U.S.C. § 44710 — Revocations of airman certificates for

Page 1344 TITLE 49—TRANSPORTATION § 44710 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 49 App.:1431(e) (words before 4th comma). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 611(e); added July 21, 1968, Pub. L. 90–411, § 1, 82 Stat. 395; re- stated Oct. 27, 1972, Pub. L. 92–574, § 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 com- mas). 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 sen- tences less Ad- ministrator 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 cer- tificate issued under section 44703 of this title’’ are sub- stituted 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, airworthi- ness certificate, airman certificate, air carrier oper- ating certificate, air navigation facility certificate (in- cluding 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 ‘‘ad- versely’’ 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 sub- stituted for ‘‘Federal Aviation Administration’’ be- cause of 49:106(b) and (g). In subsection (e), before clause (1), the words ‘‘the ef- fectiveness of’’ are omitted as surplus. Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–254 designated existing provisions as par. (1), inserted heading, and added par. (2). 2012—Subsec. (d)(3). Pub. L. 112–153 struck out ‘‘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’’ after ‘‘Administrator’’. 2003—Subsec. (a). Pub. L. 108–176 inserted ‘‘design or- ganization, production certificate holder,’’ after ‘‘appli- ance,’’. 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 ex- ists 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.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–176 applicable only to fis- cal years beginning after Sept. 30, 2003, except as other- wise 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 fis- cal 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. RISK MODEL FOR PRODUCTION FACILITY INSPECTIONS Pub. L. 118–63, title III, § 314, May 16, 2024, 138 Stat. 1077, provided that: ‘‘(a) IN GENERAL.—Not later than 12 months after the date of enactment of this Act [May 16, 2024], and peri- odically thereafter, the Administrator [of the Federal Aviation Administration] shall— ‘‘(1) conduct a review of the risk-based model used by certification management offices of the FAA [Fed- eral Aviation Administration] to inform the fre- quency of aircraft manufacturing or production facil- ity inspections; and ‘‘(2) update the model to ensure such model ade- quately accounts for risk at facilities during periods of increased production. ‘‘(b) BRIEFINGS.—Not later than 60 days after the date on which the review is completed under subsection (a), the Administrator shall brief the appropriate commit- tees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Rep- resentatives] on— ‘‘(1) the results of the review; ‘‘(2) any changes made to the risk-based model de- scribed in subsection (a); and ‘‘(3) how such changes would help improve the in- plant inspection process.’’ § 44710. Revocations of airman 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) 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 posses- sion 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 facili- tate the commission of, the offense; and Page 1345 TITLE 49—TRANSPORTATION § 44710 (B) the individual served as an airman, or was on the aircraft, in connection with com- mitting, or facilitating the commission of, the offense. (2) The Administrator shall issue an order re- voking an airman certificate issued an indi- vidual under section 44703 of this title if the Ad- ministrator 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 sub- stance (except a law related to simple posses- sion of a controlled substance), by death or imprisonment for more than one year; (B) an aircraft was used to carry out or fa- cilitate the activity; and (C) the individual served as an airman, or was on the aircraft, in connection with car- rying out, or facilitating the carrying out of, the activity. (3) The Administrator has no authority under paragraph (1) of this subsection to review wheth- er an airman violated a law of the United States or a State related to a controlled substance. (c) ADVICE TO HOLDERS AND OPPORTUNITY TO ANSWER.—Before the Administrator revokes a certificate under subsection (b) of this section, the Administrator must— (1) advise the holder of the certificate of the charges or reasons on which the Administrator relies for the proposed revocation; and (2) provide the holder of the certificate an opportunity to answer the charges and be heard why the certificate should not be re- voked. (d) APPEALS.—(1) An individual whose certifi- cate is revoked by the Administrator under sub- section (b) of this section may appeal the rev- ocation order to the National Transportation Safety Board. The Board shall affirm or reverse the order after providing notice and an oppor- tunity for a hearing on the record. When con- ducting the hearing, the Board is not bound by findings of fact of the Administrator. (2) When an individual files an appeal with the Board under this subsection, the order of the Ad- ministrator revoking the certificate is stayed. However, if the Administrator advises the Board that safety in air transportation or air com- merce requires the immediate effectiveness of the order— (A) the order remains effective; and (B) the Board shall make a final disposition of the appeal not later than 60 days after the Administrator so advises the Board. (3) An individual substantially affected by an order of the Board under this subsection, or the Administrator when the Administrator decides that an order of the Board will have a signifi- cant adverse effect on carrying out this part, may obtain judicial review of the order under section 46110 of this title. The Administrator shall be made a party to the judicial review pro- ceedings. Findings of fact of the Board are con- clusive if supported by substantial evidence. (e) ACQUITTAL.—(1) The Administrator may not revoke, and the Board may not affirm a rev- ocation of, an airman certificate under sub- section (b)(2) of this section on the basis of an activity described in subsection (b)(2)(A) if the holder of the certificate is acquitted of all charges related to a controlled substance in an indictment or information arising from the ac- tivity. (2) If the Administrator has revoked an air- man certificate under this section because of an activity described in subsection (b)(2)(A) of this section, the Administrator shall reissue a cer- tificate to the individual if— (A) the individual otherwise satisfies the re- quirements for a certificate under section 44703 of this title; and (B)(i) the individual subsequently is acquit- ted of all charges related to a controlled sub- stance in an indictment or information arising from the activity; or (ii) the conviction on which a revocation under subsection (b)(1) of this section is based is reversed. (f) WAIVERS.—The Administrator may waive the requirement of subsection (b) of this section that an airman certificate of an individual be re- voked if— (1) a law enforcement official of the United States Government or of a State requests a waiver; and (2) the Administrator decides that the waiv- er will facilitate law enforcement efforts. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1191; Pub. L. 112–153, § 2(c)(3), Aug. 3, 2012, 126 Stat. 1161.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44710(a) ...... 49 App.:1429(c)(4). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 609(c)(1), (2), (4); added Oct. 19, 1984, Pub. L. 98–499, § 2(a), 98 Stat. 2312, 2313. 44710(b)(1) .. 49 App.:1429(c)(1) (1st sentence). 44710(b)(2) .. 49 App.:1429(c)(2) (1st sentence). 44710(b)(3) .. 49 App.:1429(c)(1) (last sentence). 44710(c) ...... 49 App.:1429(c)(3) (1st sentence). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 609(c)(3); added Oct. 19, 1984, Pub. L. 98–499, § 2(a), 98 Stat. 2312; Aug. 26, 1992, Pub. L. 102–345, § 3(b), 106 Stat. 926. 44710(d) ...... 49 App.:1429(c)(3) (2d–last sen- tences). 44710(e)(1) .. 49 App.:1429(c)(2) (last sentence). 44710(e)(2) .. 49 App.:1422(b)(2)(C). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 602(b)(2)(C); added Oct. 19, 1984, Pub. L. 98–499, § 3, 98 Stat. 2313. 44710(f) ....... 49 App.:1429(c)(5). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 609(c)(5); added Nov. 18, 1988, Pub. L. 100–690, § 7204(b), 102 Stat. 4425. In subsection (b)(1) and (2), before each clause (A), the words ‘‘of any person’’ are omitted as surplus. The words ‘‘issued . . . under section 44703 of this title’’ are added for clarity. In subsection (b)(1), the word ‘‘offense’’ is substituted for ‘‘crime’’ for consistency in the revised title and with other titles of the United States Code. In subsection (b)(2)(C), the words ‘‘in connection with carrying out, or facilitating the carrying out of, the ac- tivity’’ are substituted for ‘‘in connection with such ac- tivity or the facilitation of such activity’’ for consist- ency with the source provisions restated in paragraph (1)(B) of this subsection. 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 carrier without an air carrier operating certificate or in violation of a term of the certificate; (5) operate aircraft in air commerce in viola- tion 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 vio- lation of a regulation under section 3 of the International Navigational Rules Act of 1977 (33 U.S.C. 1602); (7) violate a term of an air agency, design or- ganization certificate, or production certifi- cate 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 op- erating certificate required under section 44706 of this title 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; (10) work as an aircraft dispatcher outside of a physical location designated as a dis- patching center or flight following center of an air carrier, except as provided under sec- tion 44747; or (11) violate section 44732 or any regulation issued thereunder. (b) EXEMPTION.—On terms the Administrator of the Federal Aviation Administration pre- scribes as being in the public interest, the Ad- ministrator 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 pro- curement, 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 avia- tion part or material. (d) POST-EMPLOYMENT RESTRICTIONS FOR IN- SPECTORS AND ENGINEERS.— (1) PROHIBITION.—A person holding a certifi- cate 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 over- sight of— (i) a flight standards inspector of the Ad- ministration; or (ii) an employee of the Administration with responsibility for certification func- tions with respect to a holder of a certifi- cate issued under section 44704(a); and (B) had responsibility to inspect, or over- see inspection of, the operations of such per- son. (2) WRITTEN AND ORAL COMMUNICATIONS.—For purposes of paragraph (1), an individual shall be considered to be acting as an agent or rep- resentative 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 Adminis- tration (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 partici- pated in, or had responsibility for, the par- ticular matter while serving as an individual covered under paragraph (1). (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1193; Pub. L. 103–429, § 6(56), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 106–181, title V, § 505(b), Apr. 5, 2000, 114 Stat. 136; Pub. L. 108–176, title II, § 227(d), Dec. 12, 2003, 117 Stat. 2532; Pub. L. 112–95, title III, §§ 307(b), 342(a), Feb. 14, 2012, 126 Stat. 61, 79; Pub. L. 116–260, div. V, title I, § 111(b), Dec. 27, 2020, 134 Stat. 2330; Pub. L. 118–63, title IV, § 420(a)(1), May 16, 2024, 138 Stat. 1164.)