49 U.S.C. § 44709 — Amendments, modifications, suspensions,

Page 1342 TITLE 49—TRANSPORTATION § 44708 (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 individ- uals doing the work or giving instruction in the work. (3) other air agencies the Administrator de- cides are necessary in the public interest. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1190.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44707 .......... 49 App.:1427 (1st sen- tence). Aug. 23, 1958, Pub. L. 85–726, § 607 (1st sentence), 72 Stat. 779. 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. 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 author- ity of 49:106(g). In clauses (1) and (2), the word ‘‘over- haul’’ 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. Statutory Notes and Related Subsidiaries AIRCRAFT REPAIR AND MAINTENANCE ADVISORY PANEL Pub. L. 106–181, title VII, § 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 mainte- nance advisory panel to review issues related to the use and oversight of aircraft and aviation component repair and maintenance facilities (in this section re- ferred 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 facili- ties; ‘‘(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 Com- merce; ‘‘(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 avia- tion component repair work performed by aircraft re- pair 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 CAR- RIERS 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 Sec- retary 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 cor- porate operators. ‘‘(2) DRUG AND ALCOHOL TESTING INFORMATION.—In- cluded in the information the Secretary requires under paragraph (1) shall be information on the exist- ence and administration of employee drug and alco- hol testing programs in place at the foreign repair fa- cilities, if applicable. The Secretary, if necessary, shall work with the International Civil Aviation Or- ganization 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 in- formation 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 Na- tional Transportation Safety Board, the Federal Avia- tion Administration, and other appropriate agencies re- garding maintenance performed by aircraft repair fa- cilities. ‘‘(f) DOT TO MAKE INFORMATION AVAILABLE TO PUB- LIC.—The Secretary shall make any relevant informa- tion received under subsection (d) available to the pub- lic, consistent with the authority to withhold trade se- crets or commercial, financial, and other proprietary information under section 552 of title 5, United States Code. ‘‘(g) TERMINATION.—The panel established under sub- section (a) shall terminate on the earlier of— ‘‘(1) the date that is 2 years after the date of the en- actment of this Act [Apr. 5, 2000]; or ‘‘(2) December 31, 2001. ‘‘(h) DEFINITIONS.—The definitions contained in sec- tion 40102 of title 49, United States Code, shall apply to this section.’’ § 44708. Inspecting and rating air navigation fa- cilities 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. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1190.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44708 .......... 49 App.:1426 (1st sen- tence). Aug. 23, 1958, Pub. L. 85–726, § 606 (1st sentence), 72 Stat. 779. 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 word ‘‘Administrator’’ in section 606 (1st sen- tence) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 779) is retained on authority of 49:106(g). § 44709. Amendments, modifications, suspensions, and revocations of certificates (a) REINSPECTION AND REEXAMINATION.— (1) IN GENERAL.—The Administrator of the Federal Aviation Administration may rein- Page 1343 TITLE 49—TRANSPORTATION § 44709 spect at any time a civil aircraft, aircraft en- gine, propeller, appliance, design organization, production certificate holder, air navigation facility, or air agency, or reexamine an air- man holding a certificate issued under section 44703 of this title. (2) NOTIFICATION OF REEXAMINATION OF AIR- MAN.—Before taking any action to reexamine an airman under paragraph (1) the Adminis- trator shall provide to the airman— (A) a reasonable basis, described in detail, for requesting the reexamination; and (B) any information gathered by the Fed- eral Aviation Administration, that the Ad- ministrator determines is appropriate to provide, such as the scope and nature of the requested reexamination, that formed the basis for that justification. (b) ACTIONS OF THE ADMINISTRATOR.—The Ad- ministrator may issue an order amending, modi- fying, suspending, or revoking— (1) any part of a certificate issued under this chapter if— (A) the Administrator decides after con- ducting a reinspection, reexamination, or other investigation that safety in air com- merce or air transportation and the public interest require that action; or (B) the holder of the certificate has vio- lated an aircraft noise or sonic boom stand- ard 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 sec- tion 13(a) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j–1(a)). (c) ADVICE TO CERTIFICATE HOLDERS AND OP- PORTUNITY 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 Adminis- trator 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 sec- tion 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 com- merce or air transportation and the public in- terest 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 rev- ocation of a certificate to imposition of a civil penalty. (3) When conducting a hearing under this sub- section, the Board is not bound by findings of fact of the Administrator. (e) EFFECTIVENESS OF ORDERS PENDING AP- PEAL.— (1) IN GENERAL.—When a person files an ap- peal 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 pro- cedures promulgated by the Board, of the Ad- ministrator’s determination that an emer- gency exists. Any such review shall be re- quested 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 trans- portation, the order shall be stayed, notwith- standing paragraph (2). The Board shall dis- pose 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 sec- tion, or the Administrator when the Adminis- trator decides that an order of the Board under this section will have a significant adverse im- pact on carrying out this part, may obtain judi- cial review of the order under section 46110 of this title. The Administrator shall be made a party to the judicial review proceedings. Find- ings of fact of the Board are conclusive if sup- ported by substantial evidence. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1190; Pub. L. 106–181, title VII, § 716, Apr. 5, 2000, 114 Stat. 162; Pub. L. 108–176, title II, § 227(c), Dec. 12, 2003, 117 Stat. 2532; Pub. L. 112–153, § 2(c)(2), Aug. 3, 2012, 126 Stat. 1161; Pub. L. 115–254, div. B, title III, § 393(a), Oct. 5, 2018, 132 Stat. 3325.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44709(a) ...... 49 App.:1429(a) (1st sentence). Aug. 23, 1958, Pub. L. 85–726, § 609(a) (1st–7th sentences, 8th–last sentences less Ad- ministrator under title VII), 72 Stat. 779; Nov. 18, 1971, Pub. L. 92–159, § 2(a), 85 Stat. 481; Nov. 27, 1971, Pub. L. 92–174, § 6, 85 Stat. 492; Aug. 26, 1992, Pub. L. 102–345, § 3(a)(1), 106 Stat. 925. 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. 44709(b) ...... 49 App.:1429(a) (2d sentence). 49 App.:1429(b). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 609(b); added Nov. 18, 1971, Pub. L. 92–159, § 2(a), 85 Stat. 481. 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