49 U.S.C. § 44711 — Prohibitions and exemption

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.) Page 1347 TITLE 49—TRANSPORTATION § 44712 HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 44711(a)(1) .. 49 App.:1430(a)(1). Aug. 23, 1958, Pub. L. 85–726, § 610(a)(1)–(5), (b), 72 Stat. 780. 44711(a)(2) .. 49 App.:1430(a)(2). 44711(a)(3) .. 49 App.:1430(a)(3). 44711(a)(4) .. 49 App.:1430(a)(4). 44711(a)(5) .. 49 App.:1430(a)(5). 44711(a)(6) .. 49 App.:1430(a)(6). Aug. 23, 1958, Pub. L. 85–726, § 610(a)(6), 72 Stat. 780; May 21, 1970, Pub. L. 91–258, § 51(b)(3)(A), 84 Stat. 235. 44711(a)(7) .. 49 App.:1430(a)(7). Aug. 23, 1958, Pub. L. 85–726, § 610(a)(7), 72 Stat. 780; May 21, 1970, Pub. L. 91–258, § 51(b)(3)(B), 84 Stat. 235; Dec. 31, 1970, Pub. L. 91–604, § 11(b)(2), 84 Stat. 1705. 44711(a)(8) .. 49 App.:1430(a)(8). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 610(a)(8); added May 21, 1970, Pub. L. 91–258, § 51(b)(3)(C), 84 Stat. 235; Dec. 31, 1970, Pub. L. 91–604, § 11(b)(2), 84 Stat. 1705; restated Sept. 3, 1982, Pub. L. 97–248, § 525(d), 96 Stat. 697. 44711(a)(9) .. 49 App.:1430(a)(9). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 610(a)(9); added Dec. 31, 1970, Pub. L. 91–604, § 11(b)(2), 84 Stat. 1705; Nov. 9, 1977, Pub. L. 95–163, § 15(b)(2), 91 Stat. 1283. 44711(b) ...... 49 App.:1430(b). 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 subsection (a)(1) and (7), the words ‘‘condition, or limitation’’ are omitted as being included in ‘‘term’’. In subsection (a)(1), the words ‘‘without . . . in ef- fect’’ are substituted for ‘‘for which there is not cur- rently in effect an’’ to eliminate unnecessary words. In subsection (a)(2), (5), and (7), the word ‘‘rule’’ is omitted as being synonymous with ‘‘regulations’’. In subsection (a)(2)(B), the word ‘‘prescribed’’ is added for consistency in the revised title and with other titles of the United States Code. In subsection (a)(5) and (7), the words ‘‘prescribed . . . issued’’ are added for consistency in the revised title and with other titles of the Code. In subsection (a)(5), the words ‘‘of the Secretary of Transportation’’ are omitted as surplus. In subsection (a)(6), the words ‘‘proclaimed by the President’’ are omitted as surplus. The words ‘‘section 3 of the International Navigational Rules Act of 1977 (33 U.S.C. 1602)’’ are substituted for ‘‘section 143 of title 33’’ because the section was part of the Act of October 11, 1951 (ch. 495, 65 Stat. 406), that was repealed by section 3 of the Act of September 24, 1963 (Public Law 88–131, 77 Stat. 194), and replaced by 33:ch. 21. Chapter 21 was re- pealed by section 10 of the International Navigational Rules Act of 1977 (Public Law 95–75, 91 Stat. 311) and re- placed by 33:1601–1608. In subsection (a)(7), the words ‘‘holding . . . such cer- tificate’’ are omitted because of the restatement. In subsection (a)(8), the words ‘‘by the Adminis- trator’’ are omitted as surplus. In subsection (b), the word ‘‘Administrator’’ in sec- tion 610(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 780) is retained on authority of 49:106(g). The words ‘‘to the extent, and . . . and condi- tions’’ and ‘‘by such airmen’’ are omitted as surplus. PUB. L. 103–429 This amends 49:44711(a)(2)(B), (5), and (7) and 46310(b) to correct erroneous cross-references. Editorial Notes AMENDMENTS 2024—Subsec. (a)(10), (11). Pub. L. 118–63 added par. (10) and redesignated former par. (10) as (11). 2020—Subsec. (d). Pub. L. 116–260 amended subsec. (d) generally. Prior to amendment, subsec. (d) related to postemployment restrictions for flight standards in- spectors. 2012—Subsec. (a)(10). Pub. L. 112–95, § 307(b), added par. (10). Subsec. (d). Pub. L. 112–95, § 342(a), added subsec. (d). 2003—Subsec. (a)(7). Pub. L. 108–176 substituted ‘‘agen- cy, design organization certificate,’’ for ‘‘agency’’. 2000—Subsec. (c). Pub. L. 106–181 added subsec. (c). 1994—Subsec. (a)(2)(B), (5), (7). Pub. L. 103–429 inserted ‘‘any of sections’’ before ‘‘44702–44716’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112–95, title III, § 342(b), Feb. 14, 2012, 126 Stat. 80, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall not apply to an indi- vidual employed by a certificate holder as of the date of enactment of this Act [Feb. 14, 2012].’’ 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. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. REGULATIONS Pub. L. 118–63, title IV, § 420(a)(2), May 16, 2024, 138 Stat. 1164, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Ad- ministrator [of the Federal Aviation Administration] shall issue regulations requiring persons to comply with section 44711(a)(10) of title 49, United States Code (as added by paragraph (1)).’’ § 44712. Emergency locator transmitters (a) INSTALLATION.—An emergency locator transmitter must be installed on a fixed-wing powered civil aircraft for use in air commerce. (b) NONAPPLICATION.—Prior to January 1, 2002, subsection (a) does not apply to— (1) turbojet-powered aircraft; (2) aircraft when used in scheduled flights by scheduled air carriers holding certificates issued by the Secretary of Transportation under subpart II of this part; (3) aircraft when used in training operations conducted entirely within a 50 mile radius of the airport from which the training operations begin; (4) aircraft when used in flight operations re- lated to design and testing, the manufacture, preparation, and delivery of the aircraft, or the aerial application of a substance for an ag- ricultural purpose; (5) aircraft holding certificates from the Ad- ministrator of the Federal Aviation Adminis- tration for research and development;