49 U.S.C. § 44709

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 44709 - Amendments, modifications, suspensions, and revocations of certificates

(a) REINSPECTION AND REEXAMINATION.-

(1) IN GENERAL.-The Administrator of the Federal Aviation Administration may reinspect at any time a civil aircraft, aircraft engine, propeller, appliance, design organization, production certificate holder, air navigation facility, or air agency, or reexamine an airman holding a certificate issued under section 44703 of this title.

(2) NOTIFICATION OF REEXAMINATION OF AIRMAN.-Before taking any action to reexamine an airman under paragraph (1) the Administrator shall provide to the airman-

(A) a reasonable basis, described in detail, for requesting the reexamination; and

(B) any information gathered by the Federal Aviation Administration, that the Administrator 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 Administrator may issue an order amending, modifying, suspending, or revoking-

(1) any part of a certificate issued under this chapter if-

(A) the Administrator decides after conducting a reinspection, reexamination, or other investigation that safety in air commerce or air transportation and the public interest require that action; or

(B) the holder of the certificate has violated an aircraft noise or sonic boom standard 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 section 13(a) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j-1(a)).

(c) ADVICE TO CERTIFICATE HOLDERS AND OPPORTUNITY 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 Administrator 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 section 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 commerce or air transportation and the public interest 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 revocation of a certificate to imposition of a civil penalty.

(3) When conducting a hearing under this subsection, the Board is not bound by findings of fact of the Administrator.

(e) EFFECTIVENESS OF ORDERS PENDING APPEAL.-

(1) IN GENERAL.-When a person files an appeal 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 procedures promulgated by the Board, of the Administrator's determination that an emergency exists. Any such review shall be requested 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 transportation, the order shall be stayed, notwithstanding paragraph (2). The Board shall dispose 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 section, or the Administrator when the Administrator decides that an order of the Board under this section will have a significant adverse impact 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 proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.

49 U.S.C. § 44709

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 NOTE
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 Administrator 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.
	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; restated 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 commas).
	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 sentences less Administrator 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 certificate issued under section 44703 of this title" are substituted 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, airworthiness certificate, airman certificate, air carrier operating certificate, air navigation facility certificate (including 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 "adversely" 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 substituted for "Federal Aviation Administration" because of 49:106(b) and (g).In subsection (e), before clause (1), the words "the effectiveness of" are omitted as surplus.

EDITORIAL NOTES

AMENDMENTS2018-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 organization, production certificate holder," after "appliance,". 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 exists 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 AMENDMENTAmendment by Pub. L. 108-176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise 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 AMENDMENTAmendment by Pub. L. 106-181 applicable only to fiscal 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 periodically 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 [Federal Aviation Administration] to inform the frequency of aircraft manufacturing or production facility inspections; and"(2) update the model to ensure such model adequately 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 committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] on-"(1) the results of the review;"(2) any changes made to the risk-based model described in subsection (a); and"(3) how such changes would help improve the in-plant inspection process."