-CITE-
    49 USC CHAPTER 447 - SAFETY REGULATION                      01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
                      CHAPTER 447 - SAFETY REGULATION                  

-MISC1-
    Sec.                                                     
    44701.      General requirements.                                 
    44702.      Issuance of certificates.                             
    44703.      Airman certificates.                                  
    44704.      Type certificates, production certificates,
                 airworthiness certificates, and design organization
                 certificates.                                        
    44705.      Air carrier operating certificates.                   
    44706.      Airport operating certificates.                       
    44707.      Examining and rating air agencies.                    
    44708.      Inspecting and rating air navigation facilities.      
    44709.      Amendments, modifications, suspensions, and
                 revocations of certificates.                         
    44710.      Revocations of airman certificates for controlled
                 substance violations.                                
    44711.      Prohibitions and exemption.                           
    44712.      Emergency locator transmitters.                       
    44713.      Inspection and maintenance.                           
    44714.      Aviation fuel standards.                              
    44715.      Controlling aircraft noise and sonic boom.            
    44716.      Collision avoidance systems.                          
    44717.      Aging aircraft.                                       
    44718.      Structures interfering with air commerce.             
    44719.      Standards for navigational aids.                      
    44720.      Meteorological services.                              
    44721.      Aeronautical charts and related products and services.
    44722.      Aircraft operations in winter conditions.             
    44723.      Annual report.                                        
    44724.      Manipulation of flight controls.                      
    44725.      Life-limited aircraft parts.                          
    44726.      Denial and revocation of certificate for counterfeit
                 parts violations.                                    
    44727.      Runway safety areas.                                  
    44728.      Flight attendant certification.                       

                                AMENDMENTS                            
      2003 - Pub. L. 108-176, title II, Sec. 227(e)(2), title V, Sec.
    502(b), title VIII, Sec. 814(b), Dec. 12, 2003, 117 Stat. 2532,
    2557, 2592, substituted "Type certificates, production
    certificates, airworthiness certificates, and design organization
    certificates" for "Type certificates, production certificates, and
    airworthiness certificates" in item 44704 and added items 44727 and
    44728.
      2000 - Pub. L. 106-181, title V, Secs. 504(c), 505(a)(2), title
    VI, Sec. 603(b), Apr. 5, 2000, 114 Stat. 134, 136, 152, substituted
    "Aeronautical charts and related products and services" for
    "Aeronautical maps and charts" in item 44721 and added items 44725
    and 44726.
      1996 - Pub. L. 104-264, title VI, Sec. 602(a)(2), Oct. 9, 1996,
    110 Stat. 3264, added item 44724.

-End-



-CITE-
    49 USC Sec. 44701                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44701. General requirements

-STATUTE-
      (a) Promoting Safety. - The Administrator of the Federal Aviation
    Administration shall promote safe flight of civil aircraft in air
    commerce by prescribing - 
        (1) minimum standards required in the interest of safety for
      appliances and for the design, material, construction, quality of
      work, and performance of aircraft, aircraft engines, and
      propellers;
        (2) regulations and minimum standards in the interest of safety
      for - 
          (A) inspecting, servicing, and overhauling aircraft, aircraft
        engines, propellers, and appliances;
          (B) equipment and facilities for, and the timing and manner
        of, the inspecting, servicing, and overhauling; and
          (C) a qualified private person, instead of an officer or
        employee of the Administration, to examine and report on the
        inspecting, servicing, and overhauling;

        (3) regulations required in the interest of safety for the
      reserve supply of aircraft, aircraft engines, propellers,
      appliances, and aircraft fuel and oil, including the reserve
      supply of fuel and oil carried in flight;
        (4) regulations in the interest of safety for the maximum hours
      or periods of service of airmen and other employees of air
      carriers; and
        (5) regulations and minimum standards for other practices,
      methods, and procedure the Administrator finds necessary for
      safety in air commerce and national security.

      (b) Prescribing Minimum Safety Standards. - The Administrator may
    prescribe minimum safety standards for - 
        (1) an air carrier to whom a certificate is issued under
      section 44705 of this title; and
        (2) operating an airport serving any passenger operation of air
      carrier aircraft designed for at least 31 passenger seats.

      (c) Reducing and Eliminating Accidents. - The Administrator shall
    carry out this chapter in a way that best tends to reduce or
    eliminate the possibility or recurrence of accidents in air
    transportation. However, the Administrator is not required to give
    preference either to air transportation or to other air commerce in
    carrying out this chapter.
      (d) Considerations and Classification of Regulations and
    Standards. - When prescribing a regulation or standard under
    subsection (a) or (b) of this section or any of sections 44702-
    44716 of this title, the Administrator shall - 
        (1) consider - 
          (A) the duty of an air carrier to provide service with the
        highest possible degree of safety in the public interest; and
          (B) differences between air transportation and other air
        commerce; and

        (2) classify a regulation or standard appropriate to the
      differences between air transportation and other air commerce.

      (e) Bilateral Exchanges of Safety Oversight Responsibilities. - 
        (1) In general. - Notwithstanding the provisions of this
      chapter, the Administrator, pursuant to Article 83 bis of the
      Convention on International Civil Aviation and by a bilateral
      agreement with the aeronautical authorities of another country,
      may exchange with that country all or part of their respective
      functions and duties with respect to registered aircraft under
      the following articles of the Convention: Article 12 (Rules of
      the Air); Article 31 (Certificates of Airworthiness); or Article
      32a (Licenses of Personnel).
        (2) Relinquishment and acceptance of responsibility. - The
      Administrator relinquishes responsibility with respect to the
      functions and duties transferred by the Administrator as
      specified in the bilateral agreement, under the Articles listed
      in paragraph (1) for United States-registered aircraft described
      in paragraph (4)(A) transferred abroad and accepts responsibility
      with respect to the functions and duties under those Articles for
      aircraft registered abroad and described in paragraph (4)(B) that
      are transferred to the United States.
        (3) Conditions. - The Administrator may predicate, in the
      agreement, the transfer of functions and duties under this
      subsection on any conditions the Administrator deems necessary
      and prudent, except that the Administrator may not transfer
      responsibilities for United States registered aircraft described
      in paragraph (4)(A) to a country that the Administrator
      determines is not in compliance with its obligations under
      international law for the safety oversight of civil aviation.
        (4) Registered aircraft defined. - In this subsection, the term
      "registered aircraft" means - 
          (A) aircraft registered in the United States and operated
        pursuant to an agreement for the lease, charter, or interchange
        of the aircraft or any similar arrangement by an operator that
        has its principal place of business or, if it has no such place
        of business, its permanent residence in another country; and
          (B) aircraft registered in a foreign country and operated
        under an agreement for the lease, charter, or interchange of
        the aircraft or any similar arrangement by an operator that has
        its principal place of business or, if it has no such place of
        business, its permanent residence in the United States.

      (f) Exemptions. - The Administrator may grant an exemption from a
    requirement of a regulation prescribed under subsection (a) or (b)
    of this section or any of sections 44702-44716 of this title if the
    Administrator finds the exemption is in the public interest.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1185; Pub. L.
    103-429, Sec. 6(55), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 106-
    181, title VII, Sec. 714, Apr. 5, 2000, 114 Stat. 161.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44701(a)       49 App.:1421(a).        Aug. 23, 1958, Pub. L.       
                                            85-726, Secs. 601(a), (b)   
                                            (1st sentence related to    
                                            standards, rules, and       
                                            regulations, last sentence),
                                            (c), 604(a) (related to     
                                            standards), 72 Stat. 775,   
                                            778.                        
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    44701(b)       49 App.:1424(a)                                      
                    (related to                                         
                    standards).                                         
                   49 App.:1432(a)         Aug. 23, 1958, Pub. L.       
                    (related to             85-726, 72 Stat. 731, Sec.  
                    standards).             612(a) (related to          
                                            standards); added May 21,   
                                            1970, Pub. L. 91-258, Sec.  
                                            51(b)(1), 84 Stat. 234;     
                                            restated Sept. 3, 1982, Pub.
                                            L. 97-248, Sec. 525(a), 96  
                                            Stat. 697.                  
                   49 App.:1655(c)(1).                                  
    44701(c)       49 App.:1421(b)                                      
                    (last sentence).                                    
                   49 App.:1655(c)(1).                                  
    44701(d)       49 App.:1421(b)                                      
                    (1st sentence                                       
                    related to                                          
                    standards, rules,                                   
                    and regulations).                                   
                   49 App.:1655(c)(1).                                  
    44701(e)       49 App.:1421(c).                                     
                   49 App.:1655(c)(1).                                  
    --------------------------------------------------------------------

      In this section, the word "Administrator" in sections 601(a)-(c)
    and 604 of the Federal Aviation Act of 1958 (Public Law 85-726, 72
    Stat. 775, 778) is retained on authority of 49:106(g).
      In subsection (a), before clause (1), the words "is empowered and
    it . . . be his duty to" and "and revising from time to time" are
    omitted as surplus. In clause (1), the words "as may be" are
    omitted as surplus. In clauses (2)-(5), the words "Reasonable" and
    "reasonable" are omitted as surplus and the word "rules" is omitted
    as being synonymous with "regulations". In clause (5), the words
    "to provide adequately" are omitted as surplus.
      In subsection (b)(1), the words "the operation of" are omitted as
    surplus. The words "under section 44705 of this title" are added
    for clarity.
      In subsection (b)(2), the words "scheduled or unscheduled" are
    omitted as surplus.
      In subsection (c), the words "carry out" are substituted for
    "exercise and perform his powers and duties under", and the words
    "in carrying out" are substituted for "in the administration and
    enforcement of", for consistency and to eliminate unnecessary
    words.
      In subsection (d), before clause (1), the word "rules" is omitted
    as being synonymous with "regulations". In clause (1), before
    subclause (A), the word "full" is omitted as surplus. In clause
    (1)(A), the word "provide" is substituted for "perform" for
    consistency in the revised title.
      In subsection (e), the words "from time to time" are omitted as
    surplus. The word "rule" is omitted as being synonymous with
    "regulation".

                              PUB. L. 103-429                          
      This amends 49:44701(d) and (e) to correct erroneous cross-
    references.

                                AMENDMENTS                            
      2000 - Subsecs. (e), (f). Pub. L. 106-181 added subsec. (e) and
    redesignated former subsec. (e) as (f).
      1994 - Subsecs. (d), (e). Pub. L. 103-429 substituted "any of
    sections 44702-44716" for "section 44702-44716".

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment 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.

                     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.

                          FAA INSPECTOR TRAINING                      
      Pub. L. 108-176, title V, Sec. 506, Dec. 12, 2003, 117 Stat.
    2560, provided that:
      "(a) Study. - 
        "(1) In general. - The Comptroller General shall conduct a
      study of the training of the aviation safety inspectors of the
      Federal Aviation Administration (in this section referred to as
      'FAA inspectors').
        "(2) Contents. - The study shall include - 
          "(A) an analysis of the type of training provided to FAA
        inspectors;
          "(B) actions that the Federal Aviation Administration has
        undertaken to ensure that FAA inspectors receive up-to-date
        training on the latest technologies;
          "(C) the extent of FAA inspector training provided by the
        aviation industry and whether such training is provided without
        charge or on a quid pro quo basis; and
          "(D) the amount of travel that is required of FAA inspectors
        in receiving training.
        "(3) Report. - Not later than 1 year after the date of
      enactment of this Act [Dec. 12, 2003], the Comptroller General
      shall transmit to the Committee on Transportation and
      Infrastructure of the House of Representatives and the Committee
      on Commerce, Science, and Transportation of the Senate a report
      on the results of the study.
      "(b) Sense of the House. - It is the sense of the House of
    Representatives that - 
        "(1) FAA inspectors should be encouraged to take the most up-to-
      date initial and recurrent training on the latest aviation
      technologies;
        "(2) FAA inspector training should have a direct relation to an
      individual's job requirements; and
        "(3) if possible, a FAA inspector should be allowed to take
      training at the location most convenient for the inspector.
      "(c) Workload of Inspectors. - 
        "(1) Study by national academy of sciences. - Not later than 90
      days after the date of enactment of this Act [Dec. 12, 2003], the
      Administrator of the Federal Aviation Administration shall make
      appropriate arrangements for the National Academy of Sciences to
      conduct a study of the assumptions and methods used by the
      Federal Aviation Administration to estimate staffing standards
      for FAA inspectors to ensure proper oversight over the aviation
      industry, including the designee program.
        "(2) Contents. - The study shall include the following:
          "(A) A suggested method of modifying FAA inspectors staffing
        models for application to current local conditions or applying
        some other approach to developing an objective staffing
        standard.
          "(B) The approximate cost and length of time for developing
        such models.
        "(3) Report. - Not later than 12 months after the initiation of
      the arrangements under subsection (a), the National Academy of
      Sciences shall transmit to Congress a report on the results of
      the study."

                    AIR TRANSPORTATION OVERSIGHT SYSTEM                
      Pub. L. 106-181, title V, Sec. 513, Apr. 5, 2000, 114 Stat. 144,
    provided that:
      "(a) Report. - Not later than August 1, 2000, the Administrator
    [of the Federal Aviation Administration] shall transmit to the
    Committee on Transportation and Infrastructure of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate a report on the progress of the
    Federal Aviation Administration in implementing the air
    transportation oversight system, including in detail the training
    of inspectors under the system, the number of inspectors using the
    system, air carriers subject to the system, and the budget for the
    system.
      "(b) Required Contents. - At a minimum, the report shall indicate
    - 
        "(1) any funding or staffing constraints that would adversely
      impact the Administration's ability to continue to develop and
      implement the air transportation oversight system;
        "(2) progress in integrating the aviation safety data derived
      from such system's inspections with existing aviation data of the
      Administration in the safety performance analysis system of the
      Administration; and
        "(3) the Administration's efforts in collaboration with the
      aviation industry to develop and validate safety performance
      measures and appropriate risk weightings for such system.
      "(c) Update. - Not later than August 1, 2002, the Administrator
    shall update the report submitted under this section and transmit
    the updated report to the committees referred to in subsection
    (a)."

                     REGULATION OF ALASKA GUIDE PILOTS                 
      Pub. L. 106-181, title VII, Sec. 732, Apr. 5, 2000, 114 Stat.
    168, provided that:
      "(a) In General. - Beginning on the date of the enactment of this
    Act [Apr. 5, 2000], flight operations conducted by Alaska guide
    pilots shall be regulated under the general operating and flight
    rules contained in part 91 of title 14, Code of Federal
    Regulations.
      "(b) Rulemaking Proceeding. - 
        "(1) In general. - The Administrator [of the Federal Aviation
      Administration] shall conduct a rulemaking proceeding and issue a
      final rule to modify the general operating and flight rules
      referred to in subsection (a) by establishing special rules
      applicable to the flight operations conducted by Alaska guide
      pilots.
        "(2) Contents of rules. - A final rule issued by the
      Administrator under paragraph (1) shall require Alaska guide
      pilots - 
          "(A) to operate aircraft inspected no less often than after
        125 hours of flight time;
          "(B) to participate in an annual flight review, as described
        in section 61.56 of title 14, Code of Federal Regulations;
          "(C) to have at least 500 hours of flight time as a pilot;
          "(D) to have a commercial rating, as described in subpart F
        of part 61 of such title;
          "(E) to hold at least a second-class medical certificate, as
        described in subpart C of part 67 of such title;
          "(F) to hold a current letter of authorization issued by the
        Administrator; and
          "(G) to take such other actions as the Administrator
        determines necessary for safety.
        "(3) Consideration. - In making a determination to impose a
      requirement under paragraph (2)(G), the Administrator shall take
      into account the unique conditions associated with air travel in
      the State of Alaska to ensure that such requirements are not
      unduly burdensome.
      "(c) Definitions. - In this section, the following definitions
    apply:
        "(1) Letter of authorization. - The term 'letter of
      authorization' means a letter issued by the Administrator once
      every 5 years to an Alaska guide pilot certifying that the pilot
      is in compliance with general operating and flight rules
      applicable to the pilot. In the case of a multi-pilot operation,
      at the election of the operating entity, a letter of
      authorization may be issued by the Administrator to the entity or
      to each Alaska guide pilot employed by the entity.
        "(2) Alaska guide pilot. - The term 'Alaska guide pilot' means
      a pilot who - 
          "(A) conducts aircraft operations over or within the State of
        Alaska;
          "(B) operates single engine, fixed-wing aircraft on floats,
        wheels, or skis, providing commercial hunting, fishing, or
        other guide services and related accommodations in the form of
        camps or lodges; and
          "(C) transports clients by such aircraft incidental to
        hunting, fishing, or other guide services."

                        AVIATION MEDICAL ASSISTANCE                    
      Pub. L. 105-170, Apr. 24, 1998, 112 Stat. 47, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Aviation Medical Assistance Act of
    1998'.

      "SEC. 2. MEDICAL KIT EQUIPMENT AND TRAINING.
      "Not later than 1 year after the date of the enactment of this
    Act [Apr. 24, 1998], the Administrator of the Federal Aviation
    Administration shall reevaluate regulations regarding: (1) the
    equipment required to be carried in medical kits of aircraft
    operated by air carriers; and (2) the training required of flight
    attendants in the use of such equipment, and, if the Administrator
    determines that such regulations should be modified as a result of
    such reevaluation, shall issue a notice of proposed rulemaking to
    modify such regulations.

      "SEC. 3. REPORTS REGARDING DEATHS ON AIRCRAFT.
      "(a) In General. - During the 1-year period beginning on the 90th
    day following the date of the enactment of this Act [Apr. 24,
    1998], a major air carrier shall make a good faith effort to
    obtain, and shall submit quarterly reports to the Administrator of
    the Federal Aviation Administration on, the following:
        "(1) The number of persons who died on aircraft of the air
      carrier, including any person who was declared dead after being
      removed from such an aircraft as a result of a medical incident
      that occurred on such aircraft.
        "(2) The age of each such person.
        "(3) Any information concerning cause of death that is
      available at the time such person died on the aircraft or is
      removed from the aircraft or that subsequently becomes known to
      the air carrier.
        "(4) Whether or not the aircraft was diverted as a result of
      the death or incident.
        "(5) Such other information as the Administrator may request as
      necessary to aid in a decision as to whether or not to require
      automatic external defibrillators in airports or on aircraft
      operated by air carriers, or both.
      "(b) Format. - The Administrator may specify a format for reports
    to be submitted under this section.

      "SEC. 4. DECISION ON AUTOMATIC EXTERNAL DEFIBRILLATORS.
      "(a) In General. - Not later than 120 days after the last day of
    the 1-year period described in section 3, the Administrator of the
    Federal Aviation Administration shall make a decision on whether or
    not to require automatic external defibrillators on passenger
    aircraft operated by air carriers and whether or not to require
    automatic external defibrillators at airports.
      "(b) Form of Decision. - A decision under this section shall be
    in the form of a notice of proposed rulemaking requiring automatic
    external defibrillators in airports or on passenger aircraft
    operated by air carriers, or both, or a recommendation to Congress
    for legislation requiring such defibrillators or a notice in the
    Federal Register that such defibrillators should not be required in
    airports or on such aircraft. If a decision under this section is
    in the form of a notice of proposed rulemaking, the Administrator
    shall make a final decision not later than the 120th day following
    the date on which comments are due on the notice of proposed
    rulemaking.
      "(c) Contents. - If the Administrator decides that automatic
    external defibrillators should be required - 
        "(1) on passenger aircraft operated by air carriers, the
      proposed rulemaking or recommendation shall include - 
          "(A) the size of the aircraft on which such defibrillators
        should be required;
          "(B) the class flights (whether interstate, overseas, or
        foreign air transportation or any combination thereof) on which
        such defibrillators should be required;
          "(C) the training that should be required for air carrier
        personnel in the use of such defibrillators; and
          "(D) the associated equipment and medication that should be
        required to be carried in the aircraft medical kit; and
        "(2) at airports, the proposed rulemaking or recommendation
      shall include - 
          "(A) the size of the airport at which such defibrillators
        should be required;
          "(B) the training that should be required for airport
        personnel in the use of such defibrillators; and
          "(C) the associated equipment and medication that should be
        required at the airport.
      "(d) Limitation. - The Administrator may not require automatic
    external defibrillators on helicopters and on aircraft with a
    maximum payload capacity (as defined in section 119.3 of title 14,
    Code of Federal Regulations) of 7,500 pounds or less.
      "(e) Special Rule. - If the Administrator decides that automatic
    external defibrillators should be required at airports, the
    proposed rulemaking or recommendation shall provide that the
    airports are responsible for providing the defibrillators.

      "SEC. 5. LIMITATIONS ON LIABILITY.
      "(a) Liability of Air Carriers. - An air carrier shall not be
    liable for damages in any action brought in a Federal or State
    court arising out of the performance of the air carrier in
    obtaining or attempting to obtain the assistance of a passenger in
    an in-flight medical emergency, or out of the acts or omissions of
    the passenger rendering the assistance, if the passenger is not an
    employee or agent of the carrier and the carrier in good faith
    believes that the passenger is a medically qualified individual.
      "(b) Liability of Individuals. - An individual shall not be
    liable for damages in any action brought in a Federal or State
    court arising out of the acts or omissions of the individual in
    providing or attempting to provide assistance in the case of an in-
    flight medical emergency unless the individual, while rendering
    such assistance, is guilty of gross negligence or willful
    misconduct.

      "SEC. 6. DEFINITIONS.
      "In this Act - 
        "(1) the terms 'air carrier', 'aircraft', 'airport',
      'interstate air transportation', 'overseas air transportation',
      and 'foreign air transportation' have the meanings such terms
      have under section 40102 of title 49, United States Code;
        "(2) the term 'major air carrier' means an air carrier
      certificated under section 41102 of title 49, United States Code,
      that accounted for at least 1 percent of domestic scheduled-
      passenger revenues in the 12 months ending March 31 of the most
      recent year preceding the date of the enactment of this Act [Apr.
      24, 1998], as reported to the Department of Transportation
      pursuant to part 241 of title 14 of the Code of Federal
      Regulations; and
        "(3) the term 'medically qualified individual' includes any
      person who is licensed, certified, or otherwise qualified to
      provide medical care in a State, including a physician, nurse,
      physician assistant, paramedic, and emergency medical
      technician."

-End-



-CITE-
    49 USC Sec. 44702                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44702. Issuance of certificates

-STATUTE-
      (a) General Authority and Applications. - The Administrator of
    the Federal Aviation Administration may issue airman certificates,
    type certificates, production certificates, airworthiness
    certificates, air carrier operating certificates, airport operating
    certificates, air agency certificates, and air navigation facility
    certificates under this chapter. An application for a certificate
    must - 
        (1) be under oath when the Administrator requires; and
        (2) be in the form, contain information, and be filed and
      served in the way the Administrator prescribes.

      (b) Considerations. - When issuing a certificate under this
    chapter, the Administrator shall - 
        (1) consider - 
          (A) the duty of an air carrier to provide service with the
        highest possible degree of safety in the public interest; and
          (B) differences between air transportation and other air
        commerce; and

        (2) classify a certificate according to the differences between
      air transportation and other air commerce.

      (c) Prior Certification. - The Administrator may authorize an
    aircraft, aircraft engine, propeller, or appliance for which a
    certificate has been issued authorizing the use of the aircraft,
    aircraft engine, propeller, or appliance in air transportation to
    be used in air commerce without another certificate being issued.
      (d) Delegation. - (1) Subject to regulations, supervision, and
    review the Administrator may prescribe, the Administrator may
    delegate to a qualified private person, or to an employee under the
    supervision of that person, a matter related to - 
        (A) the examination, testing, and inspection necessary to issue
      a certificate under this chapter; and
        (B) issuing the certificate.

      (2) The Administrator may rescind a delegation under this
    subsection at any time for any reason the Administrator considers
    appropriate.
      (3) A person affected by an action of a private person under this
    subsection may apply for reconsideration of the action by the
    Administrator. On the Administrator's own initiative, the
    Administrator may reconsider the action of a private person at any
    time. If the Administrator decides on reconsideration that the
    action is unreasonable or unwarranted, the Administrator shall
    change, modify, or reverse the action. If the Administrator decides
    the action is warranted, the Administrator shall affirm the action.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1186; Pub. L.
    108-176, title II, Sec. 227(a), Dec. 12, 2003, 117 Stat. 2531.)


-STATAMEND-
                        AMENDMENT OF SUBSECTION (A)                    
      Pub. L. 108-176, title II, Sec. 227(a), Dec. 12, 2003, 117 Stat.
    2531, provided that, effective on the last day of the 7-year period
    beginning on Dec. 12, 2003, subsection (a) of this section is
    amended by inserting "design organization certificates," after
    "airman certificates,".



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44702(a)       49 App.:1422(a)         Aug. 23, 1958, Pub. L.       
                    (1st-10th words).       85-726, Secs. 314 (less (a) 
                                            (last sentence related to   
                                            fees)), 601(b) (1st sentence
                                            related to issuing          
                                            certificates, 2d sentence), 
                                            602(a) (1st-8th words),     
                                            603(a)(1), (b), (c) (as Sec.
                                            603(a)(1), (b), (c) relate  
                                            to issuing certificates),   
                                            604(a) (related to issuing  
                                            certificates), 606 (last    
                                            sentence), 607 (last        
                                            sentence), 608, 72 Stat.    
                                            754, 775, 776, 777, 778, 779.
                   49 App.:1423(a)(1),                                  
                    (b), (c) (as 49                                     
                    App.:1423(a)(1),                                    
                    (b), (c) relate to                                  
                    issuing                                             
                    certificates).                                      
                   49 App.:1424(a)                                      
                    (related to issuing                                 
                    certificates).                                      
                   49 App.:1426 (last                                   
                    sentence).                                          
                   49 App.:1427 (last                                   
                    sentence).                                          
                   49 App.:1428.                                        
                   49 App.:1432(a)         Aug. 23, 1958, Pub. L.       
                    (related to issuing     85-726, 72 Stat. 731, Sec.  
                    certificates).          612(a) (related to issuing  
                                            certificates); added May 21,
                                            1970, Pub. L. 91-258, Sec.  
                                            51(b)(1), 84 Stat. 234;     
                                            restated Sept. 3, 1982, Pub.
                                            L. 97-248, Sec. 525(a), 96  
                                            Stat. 697.                  
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    44702(b)       49 App.:1421(b)                                      
                    (1st sentence                                       
                    related to issuing                                  
                    certificates).                                      
                   49 App.:1655(c)(1).                                  
    44702(c)       49 App.:1421(b) (2d                                  
                    sentence).                                          
                   49 App.:1655(c)(1).                                  
    44702(d)       49 App.:1355 (less                                   
                    (a) (last sentence                                  
                    related to fees)).                                  
                   49 App.:1655(c)(1).                                  
    --------------------------------------------------------------------

      In this section, the word "Administrator" in sections 601(b),
    602(a), 603(a)(1), 604(a), 606 (last sentence), 607 (last
    sentence), and 608 of the Federal Aviation Act of 1958 (Public Law
    85-726, 72 Stat. 775, 776, 778, 779) is retained on authority of
    49:106(g).
      In subsection (a), the reference to a type certificate and
    production certificate is added for clarity.
      In subsection (b)(1), before subclause (A), the word "full" is
    omitted as surplus. In clause (1)(A), the word "provide" is
    substituted for "perform" for consistency in the revised title.
      In subsection (d)(1), before clause (A), the words "In exercising
    the powers and duties vested in him by this chapter" and "properly"
    are omitted as surplus. The words "or employees" are omitted
    because of 1:1. The word "matter" is substituted for "work,
    business, or function" to eliminate unnecessary words. In clause
    (B), the words "in accordance with standards established by him"
    are omitted as surplus.
      In subsection (d)(2), the words "made by him" are omitted as
    surplus.
      In subsection (d)(3), the words "exercising delegated authority"
    and "with respect to the authority granted under subsection (a) of
    this section" are omitted as surplus. The words "at any time" are
    substituted for "either before or after it has become effective",
    and the words "If the Administrator decides on reconsideration that
    the action is unreasonable or unwarranted" are substituted for "If,
    upon reconsideration by the Secretary of Transportation, it shall
    appear that the action in question is in any respect unjust or
    unwarranted", to eliminate unnecessary words. The words "the
    action" are substituted for "the same accordingly", and the words
    "If the Administrator decides the action is warranted, the
    Administrator shall affirm the action" are substituted for
    "otherwise, such action shall be affirmed", for clarity. The text
    of 49 App.:1355(b) (proviso) is omitted as unnecessary because of
    5:559 (last sentence).


-MISC1-
                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Pub. L. 108-176, title II, Sec. 227(a), Dec. 12, 2003, 117 Stat.
    2531, provided that the amendment made by section 227(a) is
    effective on the last day of the 7-year period beginning on Dec.
    12, 2003.

         DEVELOPMENT OF ANALYTICAL TOOLS AND CERTIFICATION METHODS     
      Pub. L. 108-176, title VII, Sec. 706, Dec. 12, 2003, 117 Stat.
    2582, provided that: "The Federal Aviation Administration shall
    conduct research to promote the development of analytical tools to
    improve existing certification methods and to reduce the overall
    costs for the certification of new products."

-End-



-CITE-
    49 USC Sec. 44703                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44703. Airman certificates

-STATUTE-
      (a) General. - The Administrator of the Federal Aviation
    Administration shall issue an airman certificate to an individual
    when the Administrator finds, after investigation, that the
    individual is qualified for, and physically able to perform the
    duties related to, the position to be authorized by the
    certificate.
      (b) Contents. - (1) An airman certificate shall - 
        (A) be numbered and recorded by the Administrator of the
      Federal Aviation Administration;
        (B) contain the name, address, and description of the
      individual to whom the certificate is issued;
        (C) contain terms the Administrator decides are necessary to
      ensure safety in air commerce, including terms on the duration of
      the certificate, periodic or special examinations, and tests of
      physical fitness;
        (D) specify the capacity in which the holder of the certificate
      may serve as an airman with respect to an aircraft; and
        (E) designate the class the certificate covers.

      (2) A certificate issued to a pilot serving in scheduled air
    transportation shall have the designation "airline transport pilot"
    of the appropriate class.
      (c) Public Information. - 
        (1) In general. - Subject to paragraph (2) and notwithstanding
      any other provision of law, the information contained in the
      records of contents of any airman certificate issued under this
      section that is limited to an airman's name, address, and ratings
      held shall be made available to the public after the 120th day
      following the date of the enactment of the Wendell H. Ford
      Aviation Investment and Reform Act for the 21st Century.
        (2) Opportunity to withhold information. - Before making any
      information concerning an airman available to the public under
      paragraph (1), the airman shall be given an opportunity to elect
      that the information not be made available to the public.
        (3) Development and implementation of program. - Not later than
      60 days after the date of the enactment of the Wendell H. Ford
      Aviation Investment and Reform Act for the 21st Century, the
      Administrator shall develop and implement, in cooperation with
      representatives of the aviation industry, a one-time written
      notification to airmen to set forth the implications of making
      information concerning an airman available to the public under
      paragraph (1) and to carry out paragraph (2). The Administrator
      shall also provide such written notification to each individual
      who becomes an airman after such date of enactment.

      (d) Appeals. - (1) An individual whose application for the
    issuance or renewal of an airman certificate has been denied may
    appeal the denial to the National Transportation Safety Board,
    except if the individual holds a certificate that - 
        (A) is suspended at the time of denial; or
        (B) was revoked within one year from the date of the denial.

      (2) The Board shall conduct a hearing on the appeal at a place
    convenient to the place of residence or employment of the
    applicant. The Board is not bound by findings of fact of the
    Administrator of the Federal Aviation Administration but is bound
    by all validly adopted interpretations of laws and regulations the
    Administrator carries out unless the Board finds an interpretation
    is arbitrary, capricious, or otherwise not according to law. At the
    end of the hearing, the Board shall decide whether the individual
    meets the applicable regulations and standards. The Administrator
    is bound by that decision.
      (e) Restrictions and Prohibitions. - The Administrator of the
    Federal Aviation Administration may - 
        (1) restrict or prohibit issuing an airman certificate to an
      alien; or
        (2) make issuing the certificate to an alien dependent on a
      reciprocal agreement with the government of a foreign country.

      (f) Controlled Substance Violations. - The Administrator of the
    Federal Aviation Administration may not issue an airman certificate
    to an individual whose certificate is revoked under section 44710
    of this title except - 
        (1) when the Administrator decides that issuing the certificate
      will facilitate law enforcement efforts; and
        (2) as provided in section 44710(e)(2) of this title.

      (g) Modifications in System. - (1) The Administrator of the
    Federal Aviation Administration shall make modifications in the
    system for issuing airman certificates necessary to make the system
    more effective in serving the needs of airmen and officials
    responsible for enforcing laws related to the regulation of
    controlled substances (as defined in section 102 of the
    Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
    U.S.C. 802)) and related to combating acts of terrorism. The
    modifications shall ensure positive and verifiable identification
    of each individual applying for or holding a certificate and shall
    address at least each of the following deficiencies in, and abuses
    of, the existing system:
        (A) the use of fictitious names and addresses by applicants for
      those certificates.
        (B) the use of stolen or fraudulent identification in applying
      for those certificates.
        (C) the use by an applicant of a post office box or "mail drop"
      as a return address to evade identification of the applicant's
      address.
        (D) the use of counterfeit and stolen airman certificates by
      pilots.
        (E) the absence of information about physical characteristics
      of holders of those certificates.

      (2) The Administrator of the Federal Aviation Administration
    shall prescribe regulations to carry out paragraph (1) of this
    subsection and provide a written explanation of how the regulations
    address each of the deficiencies and abuses described in paragraph
    (1). In prescribing the regulations, the Administrator of the
    Federal Aviation Administration shall consult with the
    Administrator of Drug Enforcement, the Commissioner of Customs,
    other law enforcement officials of the United States Government,
    representatives of State and local law enforcement officials,
    representatives of the general aviation aircraft industry,
    representatives of users of general aviation aircraft, and other
    interested persons.
      (3) For purposes of this section, the term "acts of terrorism"
    means an activity that involves a violent act or an act dangerous
    to human life that is a violation of the criminal laws of the
    United States or of any State, or that would be a criminal
    violation if committed within the jurisdiction of the United States
    or of any State, and appears to be intended to intimidate or coerce
    a civilian population to influence the policy of a government by
    intimidation or coercion or to affect the conduct of a government
    by assassination or kidnaping.
      (4) The Administrator is authorized and directed to work with
    State and local authorities, and other Federal agencies, to assist
    in the identification of individuals applying for or holding airmen
    certificates.
      (h) Records of Employment of Pilot Applicants. - 
        (1) In general. - Subject to paragraph (14), before allowing an
      individual to begin service as a pilot, an air carrier shall
      request and receive the following information:
          (A) FAA records. - From the Administrator of the Federal
        Aviation Administration, records pertaining to the individual
        that are maintained by the Administrator concerning - 
            (i) current airman certificates (including airman medical
          certificates) and associated type ratings, including any
          limitations to those certificates and ratings; and
            (ii) summaries of legal enforcement actions resulting in a
          finding by the Administrator of a violation of this title or
          a regulation prescribed or order issued under this title that
          was not subsequently overturned.

          (B) Air carrier and other records. - From any air carrier or
        other person (except a branch of the United States Armed
        Forces, the National Guard, or a reserve component of the
        United States Armed Forces) that has employed the individual as
        a pilot of a civil or public aircraft at any time during the 5-
        year period preceding the date of the employment application
        of the individual, or from the trustee in bankruptcy for such
        air carrier or person - 
            (i) records pertaining to the individual that are
          maintained by an air carrier (other than records relating to
          flight time, duty time, or rest time) under regulations set
          forth in - 
              (I) section 121.683 of title 14, Code of Federal
            Regulations;
              (II) paragraph (A) of section VI, appendix I, part 121 of
            such title;
              (III) paragraph (A) of section IV, appendix J, part 121
            of such title;
              (IV) section 125.401 of such title; and
              (V) section 135.63(a)(4) of such title; and

            (ii) other records pertaining to the individual's
          performance as a pilot that are maintained by the air carrier
          or person concerning - 
              (I) the training, qualifications, proficiency, or
            professional competence of the individual, including
            comments and evaluations made by a check airman designated
            in accordance with section 121.411, 125.295, or 135.337 of
            such title;
              (II) any disciplinary action taken with respect to the
            individual that was not subsequently overturned; and
              (III) any release from employment or resignation,
            termination, or disqualification with respect to
            employment.

          (C) National driver register records. - In accordance with
        section 30305(b)(8) of this title, from the chief driver
        licensing official of a State, information concerning the motor
        vehicle driving record of the individual.

        (2) Written consent; release from liability. - An air carrier
      making a request for records under paragraph (1) - 
          (A) shall be required to obtain written consent to the
        release of those records from the individual that is the
        subject of the records requested; and
          (B) may, notwithstanding any other provision of law or
        agreement to the contrary, require the individual who is the
        subject of the records to request to execute a release from
        liability for any claim arising from the furnishing of such
        records to or the use of such records by such air carrier
        (other than a claim arising from furnishing information known
        to be false and maintained in violation of a criminal statute).

        (3) 5-year reporting period. - A person shall not furnish a
      record in response to a request made under paragraph (1) if the
      record was entered more than 5 years before the date of the
      request, unless the information concerns a revocation or
      suspension of an airman certificate or motor vehicle license that
      is in effect on the date of the request.
        (4) Requirement to maintain records. - The Administrator and
      air carriers shall maintain pilot records described in paragraphs
      (1)(A) and (1)(B) for a period of at least 5 years.
        (5) Receipt of consent; provision of information. - A person
      shall not furnish a record in response to a request made under
      paragraph (1) without first obtaining a copy of the written
      consent of the individual who is the subject of the records
      requested; except that, for purposes of paragraph (15), the
      Administrator may allow an individual designated by the
      Administrator to accept and maintain written consent on behalf of
      the Administrator for records requested under paragraph (1)(A). A
      person who receives a request for records under this subsection
      shall furnish a copy of all of such requested records maintained
      by the person not later than 30 days after receiving the request.
        (6) Right to receive notice and copy of any record furnished. -
      A person who receives a request for records under paragraph (1)
      shall provide to the individual who is the subject of the records
      - 
          (A) on or before the 20th day following the date of receipt
        of the request, written notice of the request and of the
        individual's right to receive a copy of such records; and
          (B) in accordance with paragraph (10), a copy of such
        records, if requested by the individual.

        (7) Reasonable charges for processing requests and furnishing
      copies. - A person who receives a request under paragraph (1) or
      (6) may establish a reasonable charge for the cost of processing
      the request and furnishing copies of the requested records.
        (8) Standard forms. - The Administrator shall promulgate - 
          (A) standard forms that may be used by an air carrier to
        request records under paragraph (1); and
          (B) standard forms that may be used by an air carrier to - 
            (i) obtain the written consent of the individual who is the
          subject of a request under paragraph (1); and
            (ii) inform the individual of - 
              (I) the request; and
              (II) the individual right of that individual to receive a
            copy of any records furnished in response to the request.

        (9) Right to correct inaccuracies. - An air carrier that
      maintains or requests and receives the records of an individual
      under paragraph (1) shall provide the individual with a
      reasonable opportunity to submit written comments to correct any
      inaccuracies contained in the records before making a final
      hiring decision with respect to the individual.
        (10) Right of pilot to review certain records. -
      Notwithstanding any other provision of law or agreement, an air
      carrier shall, upon written request from a pilot who is or has
      been employed by such carrier, make available, within a
      reasonable time, but not later than 30 days after the date of the
      request, to the pilot for review, any and all employment records
      referred to in paragraph (1)(B)(i) or (ii) pertaining to the
      employment of the pilot.
        (11) Privacy protections. - An air carrier that receives the
      records of an individual under paragraph (1) may use such records
      only to assess the qualifications of the individual in deciding
      whether or not to hire the individual as a pilot. The air carrier
      shall take such actions as may be necessary to protect the
      privacy of the pilot and the confidentiality of the records,
      including ensuring that information contained in the records is
      not divulged to any individual that is not directly involved in
      the hiring decision.
        (12) Periodic review. - Not later than 18 months after the date
      of the enactment of the Pilot Records Improvement Act of 1996,
      and at least once every 3 years thereafter, the Administrator
      shall transmit to Congress a statement that contains, taking into
      account recent developments in the aviation industry - 
          (A) recommendations by the Administrator concerning proposed
        changes to Federal Aviation Administration records, air carrier
        records, and other records required to be furnished under
        subparagraphs (A) and (B) of paragraph (1); or
          (B) reasons why the Administrator does not recommend any
        proposed changes to the records referred to in subparagraph
        (A).

        (13) Regulations. - The Administrator shall prescribe such
      regulations as may be necessary - 
          (A) to protect - 
            (i) the personal privacy of any individual whose records
          are requested under paragraph (1) and disseminated under
          paragraph (15); and
            (ii) the confidentiality of those records;

          (B) to preclude the further dissemination of records received
        under paragraph (1) by the person who requested those records;
        and
          (C) to ensure prompt compliance with any request made under
        paragraph (1).

        (14) Special rules with respect to certain pilots. - 
          (A) Pilots of certain small aircraft. - Notwithstanding
        paragraph (1), an air carrier, before receiving information
        requested about an individual under paragraph (1), may allow
        the individual to begin service for a period not to exceed 90
        days as a pilot of an aircraft with a maximum payload capacity
        (as defined in section 119.3 of title 14, Code of Federal
        Regulations) of 7,500 pounds or less, or a helicopter, on a
        flight that is not a scheduled operation (as defined in such
        section). Before the end of the 90-day period, the air carrier
        shall obtain and evaluate such information. The contract
        between the carrier and the individual shall contain a term
        that provides that the continuation of the individual's
        employment, after the last day of the 90-day period, depends on
        a satisfactory evaluation.
          (B) Good faith exception. - Notwithstanding paragraph (1), an
        air carrier, without obtaining information about an individual
        under paragraph (1)(B) from an air carrier or other person that
        no longer exists or from a foreign government or entity that
        employed the individual, may allow the individual to begin
        service as a pilot if the air carrier required to request the
        information has made a documented good faith attempt to obtain
        such information.

        (15) Electronic access to faa records. - For the purpose of
      increasing timely and efficient access to Federal Aviation
      Administration records described in paragraph (1), the
      Administrator may allow, under terms established by the
      Administrator, an individual designated by the air carrier to
      have electronic access to a specified database containing
      information about such records. The terms shall limit such access
      to instances in which information in the database is required by
      the designated individual in making a hiring decision concerning
      a pilot applicant and shall require that the designated
      individual provide assurances satisfactory to the Administrator
      that information obtained using such access will not be used for
      any purpose other than making the hiring decision.

      (i) Limitation on Liability; Preemption of State Law. - 
        (1) Limitation on liability. - No action or proceeding may be
      brought by or on behalf of an individual who has applied for or
      is seeking a position with an air carrier as a pilot and who has
      signed a release from liability, as provided for under paragraph
      (2), against - 
          (A) the air carrier requesting the records of that individual
        under subsection (h)(1);
          (B) a person who has complied with such request;
          (C) a person who has entered information contained in the
        individual's records; or
          (D) an agent or employee of a person described in
        subparagraph (A) or (B);

      in the nature of an action for defamation, invasion of privacy,
      negligence, interference with contract, or otherwise, or under
      any Federal or State law with respect to the furnishing or use of
      such records in accordance with subsection (h).
        (2) Preemption. - No State or political subdivision thereof may
      enact, prescribe, issue, continue in effect, or enforce any law
      (including any regulation, standard, or other provision having
      the force and effect of law) that prohibits, penalizes, or
      imposes liability for furnishing or using records in accordance
      with subsection (h).
        (3) Provision of knowingly false information. - Paragraphs (1)
      and (2) shall not apply with respect to a person who furnishes
      information in response to a request made under subsection
      (h)(1), that - 
          (A) the person knows is false; and
          (B) was maintained in violation of a criminal statute of the
        United States.

      (j) Limitation on Statutory Construction. - Nothing in subsection
    (h) shall be construed as precluding the availability of the
    records of a pilot in an investigation or other proceeding
    concerning an accident or incident conducted by the Administrator,
    the National Transportation Safety Board, or a court.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1186; Pub. L.
    106-181, title VII, Sec. 715, Apr. 5, 2000, 114 Stat. 162; Pub. L.
    107-71, title I, Secs. 129, 138(b), 140(a), Nov. 19, 2001, 115
    Stat. 633, 640, 641.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
       Revised       Source (U.S. Code)      Source (Statutes at Large) 
       Section                                                          
    --------------------------------------------------------------------
    44703(a)        49 App.:1422(b)(1)      Aug. 23, 1958, Pub. L.      
                     (1st sentence, 2d       85-726, Sec. 602(b)(1), 72 
                     sentence words          Stat. 776; Oct. 19, 1984,  
                     before 6th comma).      Pub. L. 98-499, Sec. 3, 98 
                                             Stat. 2313; Aug. 26, 1992, 
                                             Pub. L. 102-345, Sec. 4,   
                                             106 Stat. 926.             
                    49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.      
                                             89-670, Sec. 6(c)(1), 80   
                                             Stat. 938; Jan. 12, 1983,  
                                             Pub. L. 97-449, Sec. 7(b), 
                                             96 Stat. 2444.             
    44703(b)        49 App.:1422(a)         Aug. 23, 1958, Pub. L.      
                     (11th-last words).      85-726, Sec. 602(a)        
                                             (9th-last words), (c), 72  
                                             Stat. 776.                 
                    49 App.:1422(b)(1)                                  
                     (2d sentence words                                 
                     after 6th comma),                                  
                     (c).                                               
                    49 App.:1655(c)(1).                                 
    44703(c)(1)     49 App.:1422(b)(1)                                  
                     (3d sentence).                                     
    44703(c)(2)     49 App.:1422(b)(1)                                  
                     (4th, 5th                                          
                     sentences, last                                    
                     sentence words                                     
                     before proviso).                                   
                    49 App.:1655(c)(1).                                 
    44703(d)        49 App.:1422(b)(1)                                  
                     (last sentence                                     
                     proviso).                                          
                    49 App.:1655(c)(1).                                 
    44703(e)        49                      Aug. 23, 1958, Pub. L.      
                     App.:1422(b)(2)(A),     85-726, 72 Stat. 731, Sec. 
                     (B).                    602(b)(2)(A), (B); added   
                                             Oct. 19, 1984, Pub. L.     
                                             98-499, Sec. 3, 98 Stat.   
                                             2313; restated Nov. 18,    
                                             1988, Pub. L. 100-690, Sec.
                                             7204(a), 102 Stat. 4425.   
    44703(f)(1)     49 App.:1422(d).        Aug. 23, 1958, Pub. L.      
                                             85-726, 72 Stat. 731, Sec. 
                                             602(d); added Nov. 18,     
                                             1988, Pub. L. 100-690, Sec.
                                             7205(a), 102 Stat. 4426.   
    44703(f)(2)     49 App.:1401 (note).    Nov. 18, 1988, Pub. L.      
                                             100-690, Sec. 7207(a) (1st 
                                             sentence), (b), 102 Stat.  
                                             4427.                      
    --------------------------------------------------------------------

      In subsections (a)-(d), the word "Administrator" in section
    602(a), (b)(1), and (c) of the Federal Aviation Act of 1958 (Public
    Law 85-726, 72 Stat. 776) is retained on authority of 49:106(g).
      In subsection (a), the text of 49 App.:1422(b) (1st sentence) is
    omitted as surplus. The words "is qualified" are substituted for
    "possesses proper qualifications" to eliminate unnecessary words.
    The words "to be authorized by the certificate" are substituted for
    "for which the airman certificate is sought" for clarity.
      In subsection (b)(1)(C), the words "conditions, and limitations"
    are omitted as being included in "terms".
      In subsection (b)(1)(E), the word "designate" is substituted for
    "be entitled with the designation of" to eliminate unnecessary
    words.
      In subsection (c)(1), before clause (A), the words "may appeal .
    . . to" are substituted for "may file with . . . a petition for
    review of the Secretary of Transportation's action" for consistency
    with section 1109 of the revised title. The words "the individual
    holds a certificate that" are substituted for "persons whose
    certificates" for clarity.
      In subsection (c)(2), the words "conduct a hearing on the appeal"
    are substituted for "thereupon assign such petition for hearing"
    for consistency. The words "In the conduct of such hearing and in
    determining whether the airman meets the pertinent rules,
    regulations, or standards" are omitted as surplus. The word
    "Administrator" is substituted for "Federal Aviation
    Administration" because of 49:106(b) and (g). The words "meets the
    applicable regulations" are substituted for "meets the pertinent
    rules, regulations" because "rules" and "regulations" are
    synonymous and for consistency in the revised title.
      In subsection (d), before clause (1), the words "in his
    discretion" are omitted as surplus. In clause (2), the words "the
    terms of" and "entered into" are omitted as surplus. The words
    "government of a foreign country" are substituted for "foreign
    governments" for consistency in the revised title and with other
    titles of the United States Code.
      In subsection (f)(1), before clause (A), the words "established
    under this chapter" and "to pilots" are omitted as surplus.
      In subsection (f)(2), the words "Not later than September 18,
    1989" and "final" are omitted as obsolete. The words "Administrator
    of Drug Enforcement" are substituted for "Drug Enforcement
    Administration of the Department of Justice" because of section
    5(a) of Reorganization Plan No. 2 of 1973 (eff. July 1, 1973, 87
    Stat. 1092). The words "Commissioner of Customs" are substituted
    for "United States Customs Service" because of 19:2071.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of the Wendell H. Ford Aviation
    Investment and Reform Act for the 21st Century, referred to in
    subsec. (c)(1), (3), is the date of enactment of Pub. L. 106-181,
    which was approved Apr. 5, 2000.
      The date of the enactment of the Pilot Records Improvement Act of
    1996, referred to in subsec. (h)(12), is the date of enactment of
    Pub. L. 104-264, which was approved Oct. 9, 1996.

-COD-
                               CODIFICATION                           
      The text of section 44936(f) to (h) of this title, which was
    transferred to the end of this section, redesignated as subsecs.
    (h) to (j), respectively, and amended by Pub. L. 107-71, Secs.
    138(b), 140(a), was based on Pub. L. 104-264, title V, Sec. 502(a),
    Oct. 9, 1996, 110 Stat. 3259; amended Pub. L. 105-102, Sec. 2(25),
    Nov. 20, 1997, 111 Stat. 2205; Pub. L. 105-142, Sec. 1, Dec. 5,
    1997, 111 Stat. 2650; Pub. L. 106-181, title V, Sec. 508(b), Apr.
    5, 2000, 114 Stat. 140.


-MISC2-
                                AMENDMENTS                            
      2001 - Subsec. (g)(1). Pub. L. 107-71, Sec. 129(1), in first
    sentence, substituted "needs of airmen" for "needs of pilots" and
    inserted "and related to combating acts of terrorism" before period
    at end.
      Subsec. (g)(3), (4). Pub. L. 107-71, Sec. 129(2), added pars. (3)
    and (4).
      Subsecs. (h) to (j). Pub. L. 107-71, Secs. 138(b), 140(a),
    amended section identically, redesignating subsecs. (f) to (h) of
    section 44936 of this title as subsecs. (h) to (j), respectively,
    of this section, and substituting "subsection (h)" for "subsection
    (f)" wherever appearing in subsecs. (i) and (j). See Codification
    note above.
      2000 - Subsecs. (c) to (g). Pub. L. 106-181 added subsec. (c) and
    redesignated former subsecs. (c) to (f) as (d) to (g),
    respectively.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment 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.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.


-MISC3-
                          IMPROVED PILOT LICENSES                      
      Pub. L. 108-458, title IV, Sec. 4022, Dec. 17, 2004, 118 Stat.
    3723, provided that:
      "(a) In General. - Not later than one year after the date of
    enactment of this Act [Dec. 17, 2004], the Administrator of the
    Federal Aviation Administration shall begin to issue improved pilot
    licenses consistent with the requirements of title 49, United
    States Code, and title 14, Code of Federal Regulations.
      "(b) Requirements. - Improved pilots licenses issued under
    subsection (a) shall - 
        "(1) be resistant to tampering, alteration, and counterfeiting;
        "(2) include a photograph of the individual to whom the license
      is issued; and
        "(3) be capable of accommodating a digital photograph, a
      biometric identifier, or any other unique identifier that the
      Administrator considers necessary.
      "(c) Tampering. - To the extent practical, the Administrator
    shall develop methods to determine or reveal whether any component
    or security feature of a license issued under subsection (a) has
    been tampered, altered, or counterfeited.
      "(d) Use of Designees. - The Administrator may use designees to
    carry out subsection (a) to the extent feasible in order to
    minimize the burdens on pilots."

                 CREDITING OF LAW ENFORCEMENT FLIGHT TIME             
      Pub. L. 106-424, Sec. 14, Nov. 1, 2000, 114 Stat. 1888, provided
    that: "In determining whether an individual meets the aeronautical
    experience requirements imposed under section 44703 of title 49,
    United States Code, for an airman certificate or rating, the
    Secretary of Transportation shall take into account any time spent
    by that individual operating a public aircraft as defined in
    section 40102 of title 49, United States Code, if that aircraft is -
     
        "(1) identifiable by category and class; and
        "(2) used in law enforcement activities."

-End-



-CITE-
    49 USC Sec. 44704                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44704. Type certificates, production certificates,
      airworthiness certificates, and design organization certificates

-STATUTE-
      (a) Type Certificates. - 
        (1) Issuance, investigations, and tests. - The Administrator of
      the Federal Aviation Administration shall issue a type
      certificate for an aircraft, aircraft engine, or propeller, or
      for an appliance specified under paragraph (2)(A) of this
      subsection when the Administrator finds that the aircraft,
      aircraft engine, propeller, or appliance is properly designed and
      manufactured, performs properly, and meets the regulations and
      minimum standards prescribed under section 44701(a) of this
      title. On receiving an application for a type certificate, the
      Administrator shall investigate the application and may conduct a
      hearing. The Administrator shall make, or require the applicant
      to make, tests the Administrator considers necessary in the
      interest of safety.
        (2) Specifications. - The Administrator may - 
          (A) specify in regulations those appliances that reasonably
        require a type certificate in the interest of safety;
          (B) include in a type certificate terms required in the
        interest of safety; and
          (C) record on the certificate a numerical specification of
        the essential factors related to the performance of the
        aircraft, aircraft engine, or propeller for which the
        certificate is issued.

        (3) Special rules for new aircraft and appliances. - Except as
      provided in paragraph (4), if the holder of a type certificate
      agrees to permit another person to use the certificate to
      manufacture a new aircraft, aircraft engine, propeller, or
      appliance, the holder shall provide the other person with written
      evidence, in a form acceptable to the Administrator, of that
      agreement. Such other person may manufacture a new aircraft,
      aircraft engine, propeller, or appliance based on a type
      certificate only if such other person is the holder of the type
      certificate or has permission from the holder.
        (4) Limitation for aircraft manufactured before august 5, 2004.
      - Paragraph (3) shall not apply to a person who began the
      manufacture of an aircraft before August 5, 2004, and who
      demonstrates to the satisfaction of the Administrator that such
      manufacture began before August 5, 2004, if the name of the
      holder of the type certificate for the aircraft does not appear
      on the airworthiness certificate or identification plate of the
      aircraft. The holder of the type certificate for the aircraft
      shall not be responsible for the continued airworthiness of the
      aircraft. A person may invoke the exception provided by this
      paragraph with regard to the manufacture of only one aircraft.

      (b) Supplemental Type Certificates. - 
        (1) Issuance. - The Administrator may issue a type certificate
      designated as a supplemental type certificate for a change to an
      aircraft, aircraft engine, propeller, or appliance.
        (2) Contents. - A supplemental type certificate issued under
      paragraph (1) shall consist of the change to the aircraft,
      aircraft engine, propeller, or appliance with respect to the
      previously issued type certificate for the aircraft, aircraft
      engine, propeller, or appliance.
        (3) Requirement. - If the holder of a supplemental type
      certificate agrees to permit another person to use the
      certificate to modify an aircraft, aircraft engine, propeller, or
      appliance, the holder shall provide the other person with written
      evidence, in a form acceptable to the Administrator, of that
      agreement. A person may change an aircraft, aircraft engine,
      propeller, or appliance based on a supplemental type certificate
      only if the person requesting the change is the holder of the
      supplemental type certificate or has permission from the holder
      to make the change.

      (c) Production Certificates. - The Administrator shall issue a
    production certificate authorizing the production of a duplicate of
    an aircraft, aircraft engine, propeller, or appliance for which a
    type certificate has been issued when the Administrator finds the
    duplicate will conform to the certificate. On receiving an
    application, the Administrator shall inspect, and may require
    testing of, a duplicate to ensure that it conforms to the
    requirements of the certificate. The Administrator may include in a
    production certificate terms required in the interest of safety.
      (d) Airworthiness Certificates. - (1) The registered owner of an
    aircraft may apply to the Administrator for an airworthiness
    certificate for the aircraft. The Administrator shall issue an
    airworthiness certificate when the Administrator finds that the
    aircraft conforms to its type certificate and, after inspection, is
    in condition for safe operation. The Administrator shall register
    each airworthiness certificate and may include appropriate
    information in the certificate. The certificate number or other
    individual designation the Administrator requires shall be
    displayed on the aircraft. The Administrator may include in an
    airworthiness certificate terms required in the interest of safety.
      (2) A person applying for the issuance or renewal of an
    airworthiness certificate for an aircraft for which ownership has
    not been recorded under section 44107 or 44110 of this title must
    submit with the application information related to the ownership of
    the aircraft the Administrator decides is necessary to identify
    each person having a property interest in the aircraft and the kind
    and extent of the interest.
      (e) Design Organization Certificates. - 
        (1) Issuance. - Beginning 7 years after the date of enactment
      of this subsection, the Administrator may issue a design
      organization certificate to a design organization to authorize
      the organization to certify compliance with the requirements and
      minimum standards prescribed under section 44701(a) for the type
      certification of aircraft, aircraft engines, propellers, or
      appliances.
        (2) Applications. - On receiving an application for a design
      organization certificate, the Administrator shall examine and
      rate the design organization submitting the application, in
      accordance with regulations to be prescribed by the
      Administrator, to determine whether the design organization has
      adequate engineering, design, and testing capabilities,
      standards, and safeguards to ensure that the product being
      certificated is properly designed and manufactured, performs
      properly, and meets the regulations and minimum standards
      prescribed under section 44701(a).
        (3) Issuance of type certificates based on design organization
      certification. - The Administrator may rely on certifications of
      compliance by a design organization when making a finding under
      subsection (a).
        (4) Public safety. - The Administrator shall include in a
      design organization certificate issued under this subsection
      terms required in the interest of safety.
        (5) No effect on power of revocation. - Nothing in this
      subsection affects the authority of the Secretary of
      Transportation to revoke a certificate.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1188; Pub. L.
    104-264, title IV, Sec. 403, Oct. 9, 1996, 110 Stat. 3256; Pub. L.
    108-176, title II, Sec. 227(b)(2), (e)(1), title VIII, Sec. 811,
    Dec. 12, 2003, 117 Stat. 2531, 2532, 2590; Pub. L. 109-59, title
    IV, Sec. 4405, Aug. 10, 2005, 119 Stat. 1776.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44704(a)(1)    49 App.:1423(a)(2)      Aug. 23, 1958, Pub. L.       
                    (1st-4th sentences).     85-726, Secs. 503(h),       
                                            603(a)(1) (related to       
                                            regulations for appliances),
                                            (2), (b) (related to basis  
                                            for issuing, and contents   
                                            of, certificates), (c)      
                                            (related to basis for       
                                            issuing, and contents of,   
                                            certificates), 72 Stat. 774,
                                            776.                        
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    44704(a)(2)    49 App.:1423(a)(1)                                   
                    (related to                                         
                    regulations for                                     
                    appliances), (2)                                    
                    (5th, last                                          
                    sentences).                                         
                   49 App.:1655(c)(1).                                  
    44704(b)       49 App.:1423(b)                                      
                    (related to basis                                   
                    for issuing, and                                    
                    contents of,                                        
                    certificates).                                      
                   49 App.:1655(c)(1).                                  
    44704(c)(1)    49 App.:1423(c)                                      
                    (related to basis                                   
                    for issuing, and                                    
                    contents of,                                        
                    certificates).                                      
                   49 App.:1655(c)(1).                                  
    44704(c)(2)    49 App.:1403(h).                                     
                   49 App.:1655(c)(1).                                  
    --------------------------------------------------------------------

      In subsections (a)-(c)(1), the word "Administrator" in section
    603 of the Federal Aviation Act of 1958 (Public Law 85-726, 72
    Stat. 776) is retained on authority of 49:106(g).
      In subsection (a)(1), the text of 49 App.:1423(a)(2) (1st
    sentence 1st-16th words) and the words "in regulations" are omitted
    as surplus. The words "properly designed and manufactured, performs
    properly" are substituted for "of proper design, material,
    specification, construction, and performance for safe operation" to
    eliminate unnecessary words. The word "rules" is omitted as being
    synonymous with "regulations". The words "under section 44701(a) of
    this title" and "for a type certificate" are added for clarity. The
    words "including flight tests and tests of raw materials or any
    part or appurtenance of such aircraft, aircraft engine, propeller,
    or appliance" are omitted as surplus.
      In subsection (a)(2)(A), the words "issuance of" are omitted as
    surplus.
      In subsection (a)(2)(B), the words "the duration thereof and such
    other" are omitted as surplus. The words "conditions, and
    limitations" are omitted as being included in "terms".
      In subsection (a)(2)(C), the words "issued for aircraft, aircraft
    engines, or propellers" and "all of" are omitted as surplus. The
    word "specification" is substituted for "determination" for
    clarity.
      In subsection (b), the word "satisfactorily" is omitted as
    surplus. The words "shall inspect, and may require testing of, a
    duplicate to ensure that it conforms to the requirements of the
    certificate" are substituted for "shall make such inspection and
    may require such tests of any aircraft, aircraft engine, propeller,
    or appliance manufactured under a production certificate as may be
    necessary to assure manufacture of each unit in conformity with the
    type certificate or any amendment or modification thereof" to
    eliminate unnecessary words. The words "the duration thereof and
    such other . . . conditions, and limitations" are omitted as
    surplus.
      In subsection (c)(1), the words "may apply to" are substituted
    for "may file with . . . an application" to eliminate unnecessary
    words. The words "in accordance with regulations prescribed by the
    Secretary of Transportation" are omitted because of 49:322(a). The
    words "the duration of such certificate, the type of service for
    which the aircraft may be used, and such other . . . conditions,
    and limitations" are omitted as surplus.
      In subsection (c)(2), the words "having a property interest" are
    substituted for "who are holders of property interests" to
    eliminate unnecessary words.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this subsection, referred to in subsec.
    (e)(1), is the date of enactment of Pub. L. 108-176, which was
    approved Dec. 12, 2003.


-MISC2-
                                AMENDMENTS                            
      2005 - Subsec. (a)(1) to (3). Pub. L. 109-59, Sec. 4405(1)-(3),
    (5), (6), inserted par. headings, realigned margins, and
    substituted "Except as provided in paragraph (4), if" for "If" in
    par. (3).
      Subsec. (a)(4). Pub. L. 109-59, Sec. 4405(4), added par. (4).
      2003 - Pub. L. 108-176, Sec. 227(e)(1), added section catchline
    and struck out former section catchline which read as follows:
    "Type certificates, production certificates, and airworthiness
    certificates".
      Subsec. (a)(3). Pub. L. 108-176, Sec. 811, added par. (3).
      Subsec. (e). Pub. L. 108-176, Sec. 227(b)(2), added subsec. (e).
      1996 - Subsecs. (b) to (d). Pub. L. 104-264 added subsec. (b) and
    redesignated former subsecs. (b) and (c) as (c) and (d),
    respectively.

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment 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 1996 AMENDMENT                 
      Except as otherwise specifically provided, amendment by Pub. L.
    104-264 applicable only to fiscal years beginning after Sept. 30,
    1996, and not to be construed as affecting funds made available for
    a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.
    104-264, set out as a note under section 106 of this title.

     PLAN FOR DEVELOPMENT AND OVERSIGHT OF SYSTEM FOR CERTIFICATION OF
                           DESIGN ORGANIZATIONS
      Pub. L. 108-176, title II, Sec. 227(b)(1), Dec. 12, 2003, 117
    Stat. 2531, provided that: "Not later than 4 years after the date
    of enactment of this Act [Dec. 12, 2003], the Administrator of the
    Federal Aviation Administration shall transmit to the Committee on
    Transportation and Infrastructure of the House of Representatives
    and the Committee on Commerce, Science, and Transportation of the
    Senate a plan for the development and oversight of a system for
    certification of design organizations to certify compliance with
    the requirements and minimum standards prescribed under section
    44701(a) of title 49, United States Code, for the type
    certification of aircraft, aircraft engines, propellers, or
    appliances."

-End-



-CITE-
    49 USC Sec. 44705                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44705. Air carrier operating certificates

-STATUTE-
      The Administrator of the Federal Aviation Administration shall
    issue an air carrier operating certificate to a person desiring to
    operate as an air carrier when 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. An air carrier operating
    certificate shall - 
        (1) contain terms necessary to ensure safety in air
      transportation; and
        (2) specify the places to and from which, and the airways of
      the United States over which, a person may operate as an air
      carrier.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1189.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44705          49 App.:1424(b).        Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 604(b), 72     
                                            Stat. 778.                  
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    --------------------------------------------------------------------

      In this section, the word "Administrator" in section 604(b) of
    the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 778)
    is retained on authority of 49:106(g). Before clause (1), the words
    "may file with the Secretary of Transportation an application for
    an air carrier operating certificate" and "the requirements of" are
    omitted as surplus. The word "rules" is omitted as being synonymous
    with "regulations". In clause (1), the words "conditions, and
    limitations . . . reasonably" are omitted as surplus. In clause
    (2), the word "places" is substituted for "points" for consistency
    in the revised title. The words "under an air carrier operating
    certificate" are omitted as surplus.

-End-



-CITE-
    49 USC Sec. 44706                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44706. Airport operating certificates

-STATUTE-
      (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 Airports. - In developing the terms required by
    subsection (b) for airports covered by subsection (a)(2), the
    Administrator shall identify and consider a reasonable number of
    regulatory alternatives and select from such alternatives the least
    costly, most cost-effective or the least burdensome alternative
    that will provide comparable safety at airports described in
    subsections (a)(1) and (a)(2).
      (e) Effective Date. - Any regulation establishing the terms
    required by subsection (b) for airports covered by subsection
    (a)(2) shall not take effect until such regulation, and a report on
    the economic impact of the regulation on air service to the
    airports covered by the rule, has been submitted to Congress and
    120 days have elapsed following the date of such submission.
      (f) Limitation on Statutory Construction. - Nothing in this title
    may be construed as requiring a person to obtain an airport
    operating certificate if such person does not desire to operate an
    airport described in subsection (a).

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1189; Pub. L.
    104-264, title IV, Sec. 404, Oct. 9, 1996, 110 Stat. 3256.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44706(a)       49 App.:1432(b)         Aug. 23, 1958, Pub. L.       
                    (1st, 2d sentences).     85-726, 72 Stat. 731, Sec.  
                                            612(b); added May 21, 1970, 
                                            Pub. L. 91-258, Sec.        
                                            51(b)(1), 84 Stat. 234; Nov.
                                            27, 1971, Pub. L. 92-174,   
                                            Sec. 5(b), 85 Stat. 492;    
                                            Sept. 3, 1982, Pub. L.      
                                            97-248, Secs. 524(f),       
                                            525(b), 96 Stat. 697.       
    44706(b)       49 App.:1432(b)                                      
                    (3d, last                                           
                    sentences).                                         
    44706(c)       49 App.:1432(c).        Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            612(c); added July 12, 1976,
                                            Pub. L. 94-353, Sec. 19(a), 
                                            90 Stat. 883; Sept. 3, 1982,
                                            Pub. L. 97-248, Sec. 525(c),
                                            96 Stat. 697.               
    --------------------------------------------------------------------

      In subsection (a), before clause (1), the words "may file with
    the Administrator an application for an airport operating
    certificate" are omitted as surplus. In clause (3), the words "the
    requirements of" are omitted as surplus. The word "rules" is
    omitted as being synonymous with "regulations".
      In subsection (b), before clause (1), the words "conditions, and
    limitations . . . reasonably" are omitted as surplus. In clause
    (2), the words "grooving or other" are omitted as surplus.

                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-264, Sec. 404(a), added par. (2),
    redesignated former par. (2) as (3), substituted "if" for "(3)
    when" in former par. (3) and adjusted the margins of that par. to
    make it a flush provision following par. (3).
      Subsec. (d). Pub. L. 104-264, Sec. 404(b), added subsec. (d).
      Subsec. (e). Pub. L. 104-264, Sec. 404(c), added subsec. (e).
      Subsec. (f). Pub. L. 104-264, Sec. 404(d), added subsec. (f).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Except as otherwise specifically provided, amendment by Pub. L.
    104-264 applicable only to fiscal years beginning after Sept. 30,
    1996, and not to be construed as affecting funds made available for
    a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.
    104-264, set out as a note under section 106 of this title.

                    IMPROVEMENT OF RUNWAY SAFETY AREAS                
      Pub. L. 109-115, div. A, title I, Nov. 30, 2005, 119 Stat. 2401,
    provided in part: "That not later than December 31, 2015, the owner
    or operator of an airport certificated under 49 U.S.C. 44706 shall
    improve the airport's runway safety areas to comply with the
    Federal Aviation Administration design standards required by 14 CFR
    part 139: Provided further, That the Federal Aviation
    Administration shall report annually to the Congress on the
    agency's progress toward improving the runway safety areas at 49
    U.S.C. 44706 airports."

                        SMALL AIRPORT CERTIFICATION                    
      Pub. L. 106-181, title V, Sec. 518, Apr. 5, 2000, 114 Stat. 145,
    provided that: "Not later than 60 days after the date of the
    enactment of this Act [Apr. 5, 2000], the Administrator [of the
    Federal Aviation Administration] shall issue a notice of proposed
    rulemaking on implementing section 44706(a)(2) of title 49, United
    States Code, relating to issuance of airport operating certificates
    for small scheduled passenger air carrier operations. Not later
    than 1 year after the last day of the period for public comment
    provided for in the notice of proposed rulemaking, the
    Administrator shall issue a final rule on implementing such
    program."

-End-



-CITE-
    49 USC Sec. 44707                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44707. Examining and rating air agencies

-STATUTE-
      The Administrator of the Federal Aviation Administration may
    examine and rate the following air agencies:
        (1) civilian schools giving instruction in flying or repairing,
      altering, and maintaining aircraft, aircraft engines, propellers,
      and appliances, on the adequacy of instruction, the suitability
      and airworthiness of equipment, and the competency of
      instructors.
        (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 individuals doing the work or giving
      instruction in the work.
        (3) other air agencies the Administrator decides are necessary
      in the public interest.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1190.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44707          49 App.:1427 (1st       Aug. 23, 1958, Pub. L.       
                    sentence).              85-726, Sec. 607 (1st       
                                            sentence), 72 Stat. 779.    
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 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 authority of 49:106(g). In clauses (1)
    and (2), the word "overhaul" 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.

              AIRCRAFT REPAIR AND MAINTENANCE ADVISORY PANEL          
      Pub. L. 106-181, title VII, Sec. 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 maintenance
      advisory panel to review issues related to the use and oversight
      of aircraft and aviation component repair and maintenance
      facilities (in this section referred 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 facilities;
          "(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 Commerce;
        "(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 aviation
      component repair work performed by aircraft repair 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 Carriers 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 Secretary 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 corporate operators.
        "(2) Drug and alcohol testing information. - Included in the
      information the Secretary requires under paragraph (1) shall be
      information on the existence and administration of employee drug
      and alcohol testing programs in place at the foreign repair
      facilities, if applicable. The Secretary, if necessary, shall
      work with the International Civil Aviation Organization 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 information
      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 National Transportation Safety Board, the
    Federal Aviation Administration, and other appropriate agencies
    regarding maintenance performed by aircraft repair facilities.
      "(f) DOT To Make Information Available to Public. - The Secretary
    shall make any relevant information received under subsection (d)
    available to the public, consistent with the authority to withhold
    trade secrets or commercial, financial, and other proprietary
    information under section 552 of title 5, United States Code.
      "(g) Termination. - The panel established under subsection (a)
    shall terminate on the earlier of - 
        "(1) the date that is 2 years after the date of the enactment
      of this Act [Apr. 5, 2000]; or
        "(2) December 31, 2001.
      "(h) Definitions. - The definitions contained in section 40102 of
    title 49, United States Code, shall apply to this section."

-End-



-CITE-
    49 USC Sec. 44708                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44708. Inspecting and rating air navigation facilities

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1190.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44708          49 App.:1426 (1st       Aug. 23, 1958, Pub. L.       
                    sentence).              85-726, Sec. 606 (1st       
                                            sentence), 72 Stat. 779.    
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    --------------------------------------------------------------------

      The word "Administrator" in section 606 (1st sentence) of the
    Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 779) is
    retained on authority of 49:106(g).

-End-



-CITE-
    49 USC Sec. 44709                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44709. Amendments, modifications, suspensions, and revocations
      of certificates

-STATUTE-
      (a) Reinspection and Reexamination. - 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.
      (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 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.
      (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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1190; Pub. L.
    106-181, title VII, Sec. 716, Apr. 5, 2000, 114 Stat. 162; Pub. L.
    108-176, title II, Sec. 227(c), Dec. 12, 2003, 117 Stat. 2532.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44709(a)       49 App.:1429(a)         Aug. 23, 1958, Pub. L.       
                    (1st sentence).         85-726, Sec. 609(a) (1st-7th
                                            sentences, 8th-last         
                                            sentences less Administrator
                                            under title VII), 72 Stat.  
                                            779; Nov. 18, 1971, Pub. L. 
                                            92-159, Sec. 2(a), 85 Stat. 
                                            481; Nov. 27, 1971, Pub. L. 
                                            92-174, Sec. 6, 85 Stat.    
                                            492; Aug. 26, 1992, Pub. L. 
                                            102-345, Sec. 3(a)(1), 106  
                                            Stat. 925.                  
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 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, Sec.  
                                            609(b); added Nov. 18, 1971,
                                            Pub. L. 92-159, Sec. 2(a),  
                                            85 Stat. 481.               
                   49 App.:1431(e)         Aug. 23, 1958, Pub. L.       
                    (words before 4th       85-726, 72 Stat. 731, Sec.  
                    comma).                 611(e); added July 21, 1968,
                                            Pub. L. 90-411, Sec. 1, 82  
                                            Stat. 395; restated Oct. 27,
                                            1972, Pub. L. 92-574, Sec.  
                                            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.

                                AMENDMENTS                            
      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."

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment 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 AMENDMENT                 
      Amendment 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.

-End-



-CITE-
    49 USC Sec. 44710                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44710. Revocations of airman certificates for controlled
      substance violations

-STATUTE-
      (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 possession 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 facilitate the
      commission of, the offense; and
        (B) the individual served as an airman, or was on the aircraft,
      in connection with committing, or facilitating the commission of,
      the offense.

      (2) The Administrator shall issue an order revoking an airman
    certificate issued an individual under section 44703 of this title
    if the Administrator 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 substance (except a law related to simple
      possession of a controlled substance), by death or imprisonment
      for more than one year;
        (B) an aircraft was used to carry out or facilitate the
      activity; and
        (C) the individual served as an airman, or was on the aircraft,
      in connection with carrying out, or facilitating the carrying out
      of, the activity.

      (3) The Administrator has no authority under paragraph (1) of
    this subsection to review whether 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
      revoked.

      (d) Appeals. - (1) An individual whose certificate is revoked by
    the Administrator under subsection (b) of this section may appeal
    the revocation order to the National Transportation Safety Board.
    The Board shall affirm or reverse the order after providing notice
    and an opportunity for a hearing on the record. When conducting the
    hearing, the Board is not bound by findings of fact of the
    Administrator 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 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.
      (2) When an individual files an appeal with the Board under this
    subsection, the order of the Administrator revoking the certificate
    is stayed. However, if the Administrator advises the Board that
    safety in air transportation or air commerce 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 significant 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 proceedings. Findings of fact
    of the Board are conclusive if supported by substantial evidence.
      (e) Acquittal. - (1) The Administrator may not revoke, and the
    Board may not affirm a revocation of, an airman certificate under
    subsection (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 activity.
      (2) If the Administrator has revoked an airman certificate under
    this section because of an activity described in subsection
    (b)(2)(A) of this section, the Administrator shall reissue a
    certificate to the individual if - 
        (A) the individual otherwise satisfies the requirements for a
      certificate under section 44703 of this title; and
        (B)(i) the individual subsequently is acquitted of all charges
      related to a controlled substance 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 revoked 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 waiver will facilitate
      law enforcement efforts.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1191.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44710(a)       49 App.:1429(c)(4).     Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            609(c)(1), (2), (4); added  
                                            Oct. 19, 1984, Pub. L.      
                                            98-499, Sec. 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)      Aug. 23, 1958, Pub. L.       
                    (1st sentence).         85-726, 72 Stat. 731, Sec.  
                                            609(c)(3); added Oct. 19,   
                                            1984, Pub. L. 98-499, Sec.  
                                            2(a), 98 Stat. 2312; Aug.   
                                            26, 1992, Pub. L. 102-345,  
                                            Sec. 3(b), 106 Stat. 926.   
    44710(d)       49 App.:1429(c)(3)                                   
                    (2d-last sentences).                                 
    44710(e)(1)    49 App.:1429(c)(2)                                   
                    (last sentence).                                    
    44710(e)(2)    49                      Aug. 23, 1958, Pub. L.       
                    App.:1422(b)(2)(C).     85-726, 72 Stat. 731, Sec.  
                                            602(b)(2)(C); added Oct. 19,
                                            1984, Pub. L. 98-499, Sec.  
                                            3, 98 Stat. 2313.           
    44710(f)       49 App.:1429(c)(5).     Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            609(c)(5); added Nov. 18,   
                                            1988, Pub. L. 100-690, Sec. 
                                            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 activity" are
    substituted for "in connection with such activity or the
    facilitation of such activity" for consistency with the source
    provisions restated in paragraph (1)(B) of this subsection.
      In subsection (d)(1), the word "Administrator" is substituted for
    "Federal Aviation Administration" because of 49:106(b) and (g).
      In subsection (e)(1), the words "on appeal" and "contained" 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.

-End-



-CITE-
    49 USC Sec. 44711                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44711. Prohibitions and exemption

-STATUTE-
      (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);
        (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 or in violation of a
      term of the certificate; or
        (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.

      (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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1193; Pub. L.
    103-429, Sec. 6(56), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 106-
    181, title V, Sec. 505(b), Apr. 5, 2000, 114 Stat. 136; Pub. L.
    108-176, title II, Sec. 227(d), Dec. 12, 2003, 117 Stat. 2532.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44711(a)(1)    49 App.:1430(a)(1).     Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 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, Sec. 610(a)(6), 72  
                                            Stat. 780; May 21, 1970,    
                                            Pub. L. 91-258, Sec.        
                                            51(b)(3)(A), 84 Stat. 235.  
    44711(a)(7)    49 App.:1430(a)(7).     Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 610(a)(7), 72  
                                            Stat. 780; May 21, 1970,    
                                            Pub. L. 91-258, Sec.        
                                            51(b)(3)(B), 84 Stat. 235;  
                                            Dec. 31, 1970, Pub. L.      
                                            91-604, Sec. 11(b)(2), 84   
                                            Stat. 1705.                 
    44711(a)(8)    49 App.:1430(a)(8).     Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            610(a)(8); added May 21,    
                                            1970, Pub. L. 91-258, Sec.  
                                            51(b)(3)(C), 84 Stat. 235;  
                                            Dec. 31, 1970, Pub. L.      
                                            91-604, Sec. 11(b)(2), 84   
                                            Stat. 1705; restated Sept.  
                                            3, 1982, Pub. L. 97-248,    
                                            Sec. 525(d), 96 Stat. 697.  
    44711(a)(9)    49 App.:1430(a)(9).     Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            610(a)(9); added Dec. 31,   
                                            1970, Pub. L. 91-604, Sec.  
                                            11(b)(2), 84 Stat. 1705;    
                                            Nov. 9, 1977, Pub. L.       
                                            95-163, Sec. 15(b)(2), 91   
                                            Stat. 1283.                 
    44711(b)       49 App.:1430(b).                                     
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 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 effect" are
    substituted for "for which there is not currently 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 repealed
    by section 10 of the International Navigational Rules Act of 1977
    (Public Law 95-75, 91 Stat. 311) and replaced by 33:1601-1608.
      In subsection (a)(7), the words "holding . . . such certificate"
    are omitted because of the restatement.
      In subsection (a)(8), the words "by the Administrator" are
    omitted as surplus.
      In subsection (b), the word "Administrator" in section 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 conditions" 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.

                                AMENDMENTS                            
      2003 - Subsec. (a)(7). Pub. L. 108-176 substituted "agency,
    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".

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment 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 AMENDMENT                 
      Amendment 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.

                     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.

-End-



-CITE-
    49 USC Sec. 44712                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44712. Emergency locator transmitters

-STATUTE-
      (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 related to design
      and testing, the manufacture, preparation, and delivery of the
      aircraft, or the aerial application of a substance for an
      agricultural purpose;
        (5) aircraft holding certificates from the Administrator of the
      Federal Aviation Administration for research and development;
        (6) aircraft when used for showing compliance with regulations,
      crew training, exhibition, air racing, or market surveys; and
        (7) aircraft equipped to carry only one individual.

      (c) Nonapplication Beginning on January 1, 2002. - 
        (1) In general. - Subject to paragraph (2), on and after
      January 1, 2002, subsection (a) does not apply to - 
          (A) aircraft when used in scheduled flights by scheduled air
        carriers holding certificates issued by the Secretary of
        Transportation under subpart II of this part;
          (B) aircraft when used in training operations conducted
        entirely within a 50-mile radius of the airport from which the
        training operations begin;
          (C) aircraft when used in flight operations related to the
        design and testing, manufacture, preparation, and delivery of
        aircraft;
          (D) aircraft when used in research and development if the
        aircraft holds a certificate from the Administrator of the
        Federal Aviation Administration to carry out such research and
        development;
          (E) aircraft when used in showing compliance with
        regulations, crew training, exhibition, air racing, or market
        surveys;
          (F) aircraft when used in the aerial application of a
        substance for an agricultural purpose;
          (G) aircraft with a maximum payload capacity of more than
        18,000 pounds when used in air transportation; or
          (H) aircraft equipped to carry only one individual.

        (2) Delay in implementation. - The Administrator of the Federal
      Aviation Administration may continue to implement subsection (b)
      rather than subsection (c) for a period not to exceed 2 years
      after January 1, 2002, if the Administrator finds such action is
      necessary to promote - 
          (A) a safe and orderly transition to the operation of civil
        aircraft equipped with an emergency locator; or
          (B) other safety objectives.

      (d) Compliance. - An aircraft meets the requirement of subsection
    (a) if it is equipped with an emergency locator transmitter that
    transmits on the 121.5/243 megahertz frequency or the 406 megahertz
    frequency or with other equipment approved by the Secretary for
    meeting the requirement of subsection (a).
      (e) Removal. - The Administrator shall prescribe regulations
    specifying the conditions under which an aircraft subject to
    subsection (a) of this section may operate when its emergency
    locator transmitter has been removed for inspection, repair,
    alteration, or replacement.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1194; Pub. L.
    106-181, title V, Sec. 501(a), Apr. 5, 2000, 114 Stat. 131.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44712(a)       49 App.:1421(d)(1).     Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            601(d)(1); added Dec. 29,   
                                            1970, Pub. L. 91-596, Sec.  
                                            31, 84 Stat. 1619; restated 
                                            Jan. 2, 1974, Pub. L.       
                                            93-239, Sec. 4, 87 Stat.    
                                            1048; Nov. 9, 1977, Pub. L. 
                                            95-163, Sec. 15(a)(1), 91   
                                            Stat. 1283.                 
    44712(b)       49 App.:1421(d)(2).     Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            601(d)(2); added Dec. 29,   
                                            1970, Pub. L. 91-596, Sec.  
                                            31, 84 Stat. 1619; restated 
                                            Jan. 2, 1974, Pub. L.       
                                            93-239, Sec. 4, 87 Stat.    
                                            1048.                       
                   49                      Aug. 23, 1958, Pub. L.       
                    App.:1551(b)(1)(E).     85-726, 72 Stat. 731, Sec.  
                                            1601(b)(1)(E); added Oct. 4,
                                            1984, Pub. L. 98-443, Sec.  
                                            3(e), 98 Stat. 1704.        
    44712(c)       49 App.:1421(d)(3).     Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            601(d)(3); added Nov. 9,    
                                            1977, Pub. L. 95-163, Sec.  
                                            15(a)(2), 91 Stat. 1283.    
    --------------------------------------------------------------------

      In subsection (a), the words "Except with respect to aircraft
    described in paragraph (2) of this subsection and except as
    provided in paragraph (3) of this subsection" are omitted as
    surplus. The words "minimum standards pursuant to this section
    shall include a requirement that", the text of 49
    App.:1421(d)(1)(A), and the words "after three years and six months
    following such date" are omitted as executed.
      In subsection (b), the word "used" is substituted for "engaged"
    for consistency. In clause (3), the word "training" is substituted
    for "local flight" for consistency. In clause (4), the words
    "chemicals and other" are omitted as surplus. In clause (5), the
    word "purposes" is omitted as surplus.
      In subsection (c), the words "prescribe regulations" are
    substituted for "shall issue regulations . . . as he prescribes in
    such regulations" to eliminate unnecessary words. The words "such
    limitations and" and "from such aircraft" are omitted as surplus.

                                AMENDMENTS                            
      2000 - Subsec. (b). Pub. L. 106-181, Sec. 501(a)(1), substituted
    "Prior to January 1, 2002, subsection (a)" for "Subsection (a) of
    this section" in introductory provisions.
      Subsecs. (c) to (e). Pub. L. 106-181, Sec. 501(a)(2), (3), added
    subsecs. (c) and (d) and redesignated former subsec. (c) as (e).

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment 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.

                                REGULATIONS                            
      Pub. L. 106-181, title V, Sec. 501(b), Apr. 5, 2000, 114 Stat.
    132, provided that: "The Secretary [of Transportation] shall issue
    regulations to carry out section 44712(c) of title 49, United
    States Code, as amended by this section, not later than January 1,
    2001."

-End-



-CITE-
    49 USC Sec. 44713                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44713. Inspection and maintenance

-STATUTE-
      (a) General Equipment Requirements. - An air carrier shall make,
    or cause to be made, any inspection, repair, or maintenance of
    equipment used in air transportation as required by this part or
    regulations prescribed or orders issued by the Administrator of the
    Federal Aviation Administration under this part. A person
    operating, inspecting, repairing, or maintaining the equipment
    shall comply with those requirements, regulations, and orders.
      (b) Duties of Inspectors. - The Administrator of the Federal
    Aviation Administration shall employ inspectors who shall - 
        (1) inspect aircraft, aircraft engines, propellers, and
      appliances designed for use in air transportation, during
      manufacture and when in use by an air carrier in air
      transportation, to enable the Administrator to decide whether the
      aircraft, aircraft engines, propellers, or appliances are in safe
      condition and maintained properly; and
        (2) advise and cooperate with the air carrier during that
      inspection and maintenance.

      (c) Unsafe Aircraft, Engines, Propellers, and Appliances. - When
    an inspector decides that an aircraft, aircraft engine, propeller,
    or appliance is not in condition for safe operation, the inspector
    shall notify the air carrier in the form and way prescribed by the
    Administrator of the Federal Aviation Administration. For 5 days
    after the carrier is notified, the aircraft, engine, propeller, or
    appliance may not be used in air transportation or in a way that
    endangers air transportation unless the Administrator or the
    inspector decides the aircraft, engine, propeller, or appliance is
    in condition for safe operation.
      (d) Modifications in System. - (1) The Administrator of the
    Federal Aviation Administration shall make modifications in the
    system for processing forms for major repairs or alterations to
    fuel tanks and fuel systems of aircraft not used to provide air
    transportation that are necessary to make the system more effective
    in serving the needs of users of the system, including officials
    responsible for enforcing laws related to the regulation of
    controlled substances (as defined in section 102 of the
    Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
    U.S.C. 802)). The modifications shall address at least each of the
    following deficiencies in, and abuses of, the existing system:
        (A) the lack of a special identification feature to allow the
      forms to be distinguished easily from other major repair and
      alteration forms.
        (B) the excessive period of time required to receive the forms
      at the Airmen and Aircraft Registry of the Administration.
        (C) the backlog of forms waiting for processing at the
      Registry.
        (D) the lack of ready access by law enforcement officials to
      information contained on the forms.

      (2) The Administrator of the Federal Aviation Administration
    shall prescribe regulations to carry out paragraph (1) of this
    subsection and provide a written explanation of how the regulations
    address each of the deficiencies and abuses described in paragraph
    (1). In prescribing the regulations, the Administrator of the
    Federal Aviation Administration shall consult with the
    Administrator of Drug Enforcement, the Commissioner of Customs,
    other law enforcement officials of the United States Government,
    representatives of State and local law enforcement officials,
    representatives of the general aviation aircraft industry,
    representatives of users of general aviation aircraft, and other
    interested persons.
      (e) Automated Surveillance Targeting Systems. - 
        (1) In general. - The Administrator shall give high priority to
      developing and deploying a fully enhanced safety performance
      analysis system that includes automated surveillance to assist
      the Administrator in prioritizing and targeting surveillance and
      inspection activities of the Federal Aviation Administration.
        (2) Deadlines for deployment. - 
          (A) Initial phase. - The initial phase of the operational
        deployment of the system developed under this subsection shall
        begin not later than December 31, 1997.
          (B) Final phase. - The final phase of field deployment of the
        system developed under this subsection shall begin not later
        than December 31, 1999. By that date, all principal operations
        and maintenance inspectors of the Administration, and
        appropriate supervisors and analysts of the Administration
        shall have been provided access to the necessary information
        and resources to carry out the system.

        (3) Integration of information. - In developing the system
      under this section, the Administration shall consider the near-
      term integration of accident and incident data into the safety
      performance analysis system under this subsection.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1194; Pub. L.
    104-264, title IV, Sec. 407(b), Oct. 9, 1996, 110 Stat. 3258.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44713(a)       49 App.:1425(a).        Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 605(a), (b), 72
                                            Stat. 778.                  
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    44713(b)       49 App.:1425(b)                                      
                    (1st sentence).                                     
                   49 App.:1655(c)(1).                                  
    44713(c)       49 App.:1425(b)                                      
                    (last sentence).                                    
                   49 App.:1655(c)(1).                                  
    44713(d)(1)    49 App.:1303 (note).    Nov. 18, 1988, Pub. L.       
                                            100-690, Sec. 7214, 102     
                                            Stat. 4434.                 
                   49 App.:1425(c).        Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            605(c); added Nov. 18, 1988,
                                            Pub. L. 100-690, Sec.       
                                            7206(a), 102 Stat. 4426.    
    44713(d)(2)    49 App.:1401 (note).    Nov. 18, 1988, Pub. L.       
                                            100-690, Sec. 7207(a) (1st  
                                            sentence), (b), 102 Stat.   
                                            4427.                       
    --------------------------------------------------------------------

      In subsections (a)-(c), the word "Administrator" in section
    605(a) and (b) of the Federal Aviation Act of 1958 (Public Law 85-
    726, 72 Stat. 778) is retained on authority of 49:106(g).
      In subsection (a), the word "overhaul" is omitted as being
    included in "repair". The word "prescribed" is added for
    consistency in the revised title and with other titles of the
    United States Code. The words "A person operating, inspecting,
    overhauling, or maintaining the equipment shall comply with those
    requirements, regulations, and orders" are substituted for 49
    App.:1425(a) (last sentence) to eliminate unnecessary words.
      In subsection (b), before clause (1), the words "be charged with
    the duty . . . of" are omitted as surplus. In clause (1), the words
    "in use" are substituted for "used by an air carrier in air
    transportation" to eliminate unnecessary words. The words "as may
    be necessary" and "for operation in air transportation" are omitted
    as surplus.
      In subsection (c), the words "in the performance of his duty",
    "used or intended to be used by any air carrier in air
    transportation", and "a period of" are omitted as surplus.
      In subsection (d)(1), before clause (A), the words "not used to
    provide air transportation" are substituted for section 7214 of the
    Anti-Drug Abuse Act of 1988 (Public Law 100-690, 102 Stat. 4434)
    because of the restatement.
      In subsection (d)(2), the words "Not later than September 18,
    1989" and "final" are omitted as obsolete. The words "Administrator
    of Drug Enforcement" are substituted for "Drug Enforcement
    Administration of the Department of Justice" because of section
    5(a) of Reorganization Plan No. 2 of 1973 (eff. July 1, 1973, 87
    Stat. 1092). The words "Commissioner of Customs" are substituted
    for "United States Customs Service" because of 19:2071.

                                AMENDMENTS                            
      1996 - Subsec. (e). Pub. L. 104-264 added subsec. (e).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Except as otherwise specifically provided, amendment by Pub. L.
    104-264 applicable only to fiscal years beginning after Sept. 30,
    1996, and not to be construed as affecting funds made available for
    a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.
    104-264, set out as a note under section 106 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.

-End-



-CITE-
    49 USC Sec. 44714                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44714. Aviation fuel standards

-STATUTE-
      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) endanger the public health or
      welfare; and
        (2) regulations providing for carrying out and enforcing those
      standards.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1195.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44714          49 App.:1421(e).        Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            601(e); added Dec. 31, 1970,
                                            Pub. L. 91-604, Sec.        
                                            11(b)(1), 84 Stat. 1705;    
                                            Nov. 9, 1977, Pub. L.       
                                            95-163, Sec. 15(b)(1), 91   
                                            Stat. 1283.                 
    --------------------------------------------------------------------

      In this section, before clause (1), the words "and from time to
    time revise" are omitted as surplus. In clause (1), the words
    "establishing" and "the purpose of" are omitted as surplus.

-End-



-CITE-
    49 USC Sec. 44715                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44715. Controlling aircraft noise and sonic boom

-STATUTE-
      (a) Standards and Regulations. - (1)(A) To relieve and protect
    the public health and welfare from aircraft noise and sonic boom,
    the Administrator of the Federal Aviation Administration, as he
    deems necessary, shall prescribe - 
        (i) standards to measure aircraft noise and sonic boom; and
        (ii) regulations to control and abate aircraft noise and sonic
      boom.

      (B) The Administrator, as the Administrator deems appropriate,
    shall provide for the participation of a representative of the
    Environmental Protection Agency on such advisory committees or
    associated working groups that advise the Administrator on matters
    related to the environmental effects of aircraft and aircraft
    engines.
      (2) The Administrator of the Federal Aviation Administration may
    prescribe standards and regulations under this subsection only
    after consulting with the Administrator of the Environmental
    Protection Agency. The standards and regulations shall be applied
    when issuing, amending, modifying, suspending, or revoking a
    certificate authorized under this chapter.
      (3) An original type certificate may be issued under section
    44704(a) of this title for an aircraft for which substantial noise
    abatement can be achieved only after the Administrator of the
    Federal Aviation Administration prescribes standards and
    regulations under this section that apply to that aircraft.
      (b) Considerations and Consultation. - When prescribing a
    standard or regulation under this section, the Administrator of the
    Federal Aviation Administration shall - 
        (1) consider relevant information related to aircraft noise and
      sonic boom;
        (2) consult with appropriate departments, agencies, and
      instrumentalities of the United States Government and State and
      interstate authorities;
        (3) consider whether the standard or regulation is consistent
      with the highest degree of safety in air transportation or air
      commerce in the public interest;
        (4) consider whether the standard or regulation is economically
      reasonable, technologically practicable, and appropriate for the
      applicable aircraft, aircraft engine, appliance, or certificate;
      and
        (5) consider the extent to which the standard or regulation
      will carry out the purposes of this section.

      (c) Proposed Regulations of Administrator of Environmental
    Protection Agency. - The Administrator of the Environmental
    Protection Agency shall submit to the Administrator of the Federal
    Aviation Administration proposed regulations to control and abate
    aircraft noise and sonic boom (including control and abatement
    through the use of the authority of the Administrator of the
    Federal Aviation Administration) that the Administrator of the
    Environmental Protection Agency considers necessary to protect the
    public health and welfare. The Administrator of the Federal
    Aviation Administration shall consider those proposed regulations
    and shall publish them in a notice of proposed regulations not
    later than 30 days after they are received. Not later than 60 days
    after publication, the Administrator of the Federal Aviation
    Administration shall begin a hearing at which interested persons
    are given an opportunity for oral and written presentations. Not
    later than 90 days after the hearing is completed and after
    consulting with the Administrator of the Environmental Protection
    Agency, the Administrator of the Federal Aviation Administration
    shall - 
        (1) prescribe regulations as provided by this section - 
          (A) substantially the same as the proposed regulations
        submitted by the Administrator of the Environmental Protection
        Agency; or
          (B) that amend the proposed regulations; or

        (2) publish in the Federal Register - 
          (A) a notice that no regulation is being prescribed in
        response to the proposed regulations of the Administrator of
        the Environmental Protection Agency;
          (B) a detailed analysis of, and response to, all information
        the Administrator of the Environmental Protection Agency
        submitted with the proposed regulations; and
          (C) a detailed explanation of why no regulation is being
        prescribed.

      (d) Consultation and Reports. - (1) If the Administrator of the
    Environmental Protection Agency believes that the action of the
    Administrator of the Federal Aviation Administration under
    subsection (c)(1)(B) or (2) of this section does not protect the
    public health and welfare from aircraft noise or sonic boom,
    consistent with the considerations in subsection (b) of this
    section, the Administrator of the Environmental Protection Agency
    shall consult with the Administrator of the Federal Aviation
    Administration and may request a report on the advisability of
    prescribing the regulation as originally proposed. The request,
    including a detailed statement of the information on which the
    request is based, shall be published in the Federal Register.
      (2) The Administrator of the Federal Aviation Administration
    shall report to the Administrator of the Environmental Protection
    Agency within the time, if any, specified in the request. However,
    the time specified must be at least 90 days after the date of the
    request. The report shall - 
        (A) be accompanied by a detailed statement of the findings of
      the Administrator of the Federal Aviation Administration and the
      reasons for the findings;
        (B) identify any statement related to an action under
      subsection (c) of this section filed under section 102(2)(C) of
      the National Environmental Policy Act of 1969 (42 U.S.C.
      4332(2)(C));
        (C) specify whether and where that statement is available for
      public inspection; and
        (D) be published in the Federal Register unless the request
      proposes specific action by the Administrator of the Federal
      Aviation Administration and the report indicates that action will
      be taken.

      (e) Supplemental Reports. - The Administrator of the
    Environmental Protection Agency may request the Administrator of
    the Federal Aviation Administration to file a supplemental report
    if the report under subsection (d) of this section indicates that
    the proposed regulations under subsection (c) of this section, for
    which a statement under section 102(2)(C) of the Act (42 U.S.C.
    4332(2)(C)) is not required, should not be prescribed. The
    supplemental report shall be published in the Federal Register
    within the time the Administrator of the Environmental Protection
    Agency specifies. However, the time specified must be at least 90
    days after the date of the request. The supplemental report shall
    contain a comparison of the environmental effects, including those
    that cannot be avoided, of the action of the Administrator of the
    Federal Aviation Administration and the proposed regulations of the
    Administrator of the Environmental Protection Agency.
      (f) Exemptions. - An exemption from a standard or regulation
    prescribed under this section may be granted only if, before
    granting the exemption, the Administrator of the Federal Aviation
    Administration consults with the Administrator of the Environmental
    Protection Agency. However, if the Administrator of the Federal
    Aviation Administration finds that safety in air transportation or
    air commerce requires an exemption before the Administrator of the
    Environmental Protection Agency can be consulted, the exemption may
    be granted. The Administrator of the Federal Aviation
    Administration shall consult with the Administrator of the
    Environmental Protection Agency as soon as practicable after the
    exemption is granted.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1196; Pub. L.
    104-264, title IV, Sec. 406(a), Oct. 9, 1996, 110 Stat. 3257.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44715(a)(      49 App.:1431(a),        Aug. 23, 1958, Pub. L.       
     1), (2)        (b)(1) (1st             85-726, 72 Stat. 731, Sec.  
                    sentence).              611(a), (b), (d); added July
                                            21, 1968, Pub. L. 90-411,   
                                            Sec. 1, 82 Stat. 395;       
                                            restated Oct. 27, 1972, Pub.
                                            L. 92-574, Sec. 7(b), 86    
                                            Stat. 1239, 1241.           
    44715(a)(3)    49 App.:1431(b)(2).                                  
    44715(b)       49 App.:1431(d).                                     
    44715(c)       49 App.:1431(c)(1).     Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            611(c); added July 21, 1968,
                                            Pub. L. 90-411, Sec. 1, 82  
                                            Stat. 395; restated Oct. 27,
                                            1972, Pub. L. 92-574, Sec.  
                                            7(b), 86 Stat. 1240; Nov. 8,
                                            1978, Pub. L. 95-609, Sec.  
                                            3, 92 Stat. 3080.           
    44715(d)       49 App.:1431(c)(2).                                  
    44715(e)       49 App.:1431(c)(3).                                  
    44715(f)       49 App.:1431(b)(1)                                   
                    (last sentence).                                    
    --------------------------------------------------------------------

      In subsection (a)(1), before clause (A), the text of 49
    App.:1431(a) is omitted because the revised section identifies the
    appropriate Administrator each time the Administrator is mentioned.
    The words "present and future" and "and amend" are omitted as
    surplus. In clause (B), the words "as the FAA may find necessary to
    provide" are omitted as surplus.
      In subsection (a)(2), the word "only" is added for clarity.
      Subsection (a)(3) is substituted for 49 App.:1431(b)(2) to
    eliminate unnecessary words.
      In subsection (b), before clause (1), the words "and amending"
    are omitted as surplus. In clause (1), the words "available . . .
    including the results of research, development, testing, and
    evaluation activities conducted pursuant to this chapter and the
    Department of Transportation Act" are omitted as surplus. In clause
    (2), the words "departments, agencies, and instrumentalities of the
    United States Government and State and interstate authorities" are
    substituted for "Federal, State, and interstate agencies" for
    consistency in the revised title and with other titles of the
    United States Code. The words "as he deems" are omitted as surplus.
    In clauses (3) and (4), the word "proposed" is omitted as surplus.
    In clause (4), the word "applicable" is substituted for "particular
    type of . . . to which it will apply" to eliminate unnecessary
    words. In clause (5), the words "contribute to" are omitted as
    surplus.
      In subsection (c), before clause (1), the words "Not earlier than
    the date of submission of the report required by section 4906 of
    title 42" are omitted as executed. The words "regulatory . . . over
    air commerce or transportation or over aircraft or airport
    operations" and "submitted by the EPA under this paragraph" are
    omitted as surplus. The word "regulations" is substituted for
    "rulemaking" for consistency in the revised title. The words "after
    they are received" are substituted for "of the date of its
    submission to the FAA" to eliminate unnecessary words. The words
    "of data, views, and arguments" are omitted as surplus. In clause
    (1), the words "in accordance with subsection (b) of this section"
    are omitted because of the restatement. In clause (2)(B), the words
    "documentation or other" are omitted as surplus.
      In subsection (d)(1), the words "listed" and "the FAA to review,
    and . . . to EPA . . . by EPA" are omitted as surplus.
      In subsection (d)(2), before clause (A), the words "shall
    complete the review requested and" are omitted as surplus. In
    clause (B), the words "of the FAA" are omitted as surplus.
      In subsection (e), the words "actually taken . . . in response to
    EPA's proposed regulations" are omitted as surplus.
      In subsection (f), the words "under any provision of this
    chapter" and "that . . . be granted" are omitted as surplus. The
    words "the exemption may be granted" are added for clarity.

                                AMENDMENTS                            
      1996 - Subsec. (a)(1). Pub. L. 104-264, which in directing the
    general amendment of par. (1) inserted an additional subsec. (a)
    designation and heading identical to the existing subsec. heading
    as well as restating the text of par. (1), was executed by
    restating the text only to reflect the probable intent of Congress.
    Prior to amendment, par. (1) read as follows: "To relieve and
    protect the public health and welfare from aircraft noise and sonic
    boom, the Administrator of the Federal Aviation Administration
    shall prescribe - 
        "(A) standards to measure aircraft noise and sonic boom; and
        "(B) regulations to control and abate aircraft noise and sonic
      boom."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Except as otherwise specifically provided, amendment by Pub. L.
    104-264 applicable only to fiscal years beginning after Sept. 30,
    1996, and not to be construed as affecting funds made available for
    a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.
    104-264, set out as a note under section 106 of this title.

-End-



-CITE-
    49 USC Sec. 44716                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44716. Collision avoidance systems

-STATUTE-
      (a) Development and Certification. - The Administrator of the
    Federal Aviation Administration shall - 
        (1) complete the development of the collision avoidance system
      known as TCAS-II so that TCAS-II can operate under visual and
      instrument flight rules and can be upgraded to the performance
      standards applicable to the collision avoidance system known as
      TCAS-III;
        (2) develop and carry out a schedule for developing and
      certifying TCAS-II that will result in certification not later
      than June 30, 1989; and
        (3) submit to Congress monthly reports on the progress being
      made in developing and certifying TCAS-II.

      (b) Installation and Operation. - The Administrator shall require
    by regulation that, not later than 30 months after the date
    certification is made under subsection (a)(2) of this section, TCAS-
    II be installed and operated on each civil aircraft that has a
    maximum passenger capacity of at least 31 seats and is used to
    provide air transportation of passengers, including intrastate air
    transportation of passengers. The Administrator may extend the
    deadline in this subsection for not more than 2 years if the
    Administrator finds the extension is necessary to promote - 
        (1) a safe and orderly transition to the operation of a fleet
      of civil aircraft described in this subsection equipped with TCAS-
      II; or
        (2) other safety objectives.

      (c) Operational Evaluation. - Not later than December 30, 1990,
    the Administrator shall establish a one-year program to collect and
    assess safety and operational information from civil aircraft
    equipped with TCAS-II for the operational evaluation of TCAS-II.
    The Administrator shall encourage foreign air carriers that operate
    civil aircraft equipped with TCAS-II to participate in the program.
      (d) Amending Schedule for Windshear Equipment. - The
    Administrator shall consider the feasibility and desirability of
    amending the schedule for installing airborne low-altitude
    windshear equipment to make the schedule compatible with the
    schedule for installing TCAS-II.
      (e) Deadline for Development and Certification. - (1) The
    Administrator shall complete developing and certifying TCAS-III as
    soon as possible.
      (2) Necessary amounts may be appropriated from the Airport and
    Airway Trust Fund established under section 9502 of the Internal
    Revenue Code of 1986 (26 U.S.C. 9502) to carry out this subsection.
      (f) Installing and Using Transponders. - The Administrator shall
    prescribe regulations requiring that, not later than December 30,
    1990, operating transponders with automatic altitude reporting
    capability be installed and used for aircraft operating in
    designated terminal airspace where radar service is provided for
    separation of aircraft. The Administrator may provide for access to
    that airspace (except terminal control areas and airport radar
    service areas) by nonequipped aircraft if the Administrator finds
    the access will not interfere with the normal traffic flow.
      (g) Cargo Collision Avoidance Systems. - 
        (1) In general. - The Administrator shall require by regulation
      that, no later than December 31, 2002, collision avoidance
      equipment be installed on each cargo aircraft with a maximum
      certificated takeoff weight in excess of 15,000 kilograms.
        (2) Extension of deadline. - The Administrator may extend the
      deadline established by paragraph (1) by not more than 2 years if
      the Administrator finds that the extension is needed to promote -
      
          (A) a safe and orderly transition to the operation of a fleet
        of cargo aircraft equipped with collision avoidance equipment;
        or
          (B) other safety or public interest objectives.

        (3) Collision avoidance equipment defined. - In this
      subsection, the term "collision avoidance equipment" means
      equipment that provides protection from mid-air collisions using
      technology that provides - 
          (A) cockpit-based collision detection and conflict resolution
        guidance, including display of traffic; and
          (B) a margin of safety of at least the same level as provided
        by the collision avoidance system known as TCAS-II.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1198; Pub. L.
    106-181, title V, Sec. 502, Apr. 5, 2000, 114 Stat. 132.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44716(a)       49 App.:1421(f)(1).     Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            601(f); added Dec. 30, 1987,
                                            Pub. L. 100-223, Sec.       
                                            203(b), 101 Stat. 1518; Dec.
                                            15, 1989, Pub. L. 101-236,  
                                            Sec. 2, 103 Stat. 2060.     
    44716(b)       49 App.:1421(f)(2),                                  
                    (4).                                                
    44716(c)       49 App.:1421(f)(3).                                  
    44716(d)       49 App.:1421(f)(5).                                  
    44716(e)       49 App.:1421 (note).    Dec. 30, 1987, Pub. L.       
                                            100-223, Sec. 203(d), 101   
                                            Stat. 1519.                 
    44716(f)       49 App.:1421(f)(6).                                  
    --------------------------------------------------------------------

      In subsection (c), the words "In conducting the program" are
    omitted as surplus.
      In subsection (e)(1), the word "research" is omitted as included
    in "developing".
      In subsection (e)(2), the words "established under section 9502
    of the Internal Revenue Code of 1986 (26 U.S.C. 9502)" are added
    for consistency in the revised title.
      In subsection (f), the words "Not later than 6 months after
    December 30, 1987, the Administrator shall promulgate a final rule"
    and "Such final rule" are omitted as executed.

                                AMENDMENTS                            
      2000 - Subsec. (g). Pub. L. 106-181 added subsec. (g).

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment 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.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of reporting provisions
    in subsec. (a)(3) of this section, see section 3003 of Pub. L. 104-
    66, as amended, set out as a note under section 1113 of Title 31,
    Money and Finance, and the 8th item on page 138 of House Document
    No. 103-7.

-End-



-CITE-
    49 USC Sec. 44717                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44717. Aging aircraft

-STATUTE-
      (a) Inspections and Reviews. - The Administrator of the Federal
    Aviation Administration shall prescribe regulations that ensure the
    continuing airworthiness of aging aircraft. The regulations
    prescribed under subsection (a) of this section - 
        (1) at least shall require the Administrator to make
      inspections, and review the maintenance and other records, of
      each aircraft an air carrier uses to provide air transportation
      that the Administrator decides may be necessary to enable the
      Administrator to decide whether the aircraft is in safe condition
      and maintained properly for operation in air transportation;
        (2) at least shall require an air carrier to demonstrate to the
      Administrator, as part of the inspection, that maintenance of the
      aircraft's age-sensitive parts and components has been adequate
      and timely enough to ensure the highest degree of safety;
        (3) shall require the air carrier to make available to the
      Administrator the aircraft and any records about the aircraft
      that the Administrator requires to carry out a review; and
        (4) shall establish procedures to be followed in carrying out
      an inspection.

      (b) When and How Inspections and Reviews Shall Be Carried Out. -
    (1) Inspections and reviews required under subsection (a)(1) of
    this section shall be carried out as part of each heavy maintenance
    check of the aircraft conducted after the 14th year in which the
    aircraft has been in service.
      (2) Inspections under subsection (a)(1) of this section shall be
    carried out as provided under section 44701(a)(2)(B) and (C) of
    this title.
      (c) Aircraft Maintenance Safety Programs. - The Administrator
    shall establish - 
        (1) a program to verify that air carriers are maintaining their
      aircraft according to maintenance programs approved by the
      Administrator;
        (2) a program - 
          (A) to provide inspectors and engineers of the Administration
        with training necessary to conduct auditing inspections of
        aircraft operated by air carriers for corrosion and metal
        fatigue; and
          (B) to enhance participation of those inspectors and
        engineers in those inspections; and

        (3) a program to ensure that air carriers demonstrate to the
      Administrator their commitment and technical competence to ensure
      the airworthiness of aircraft that the carriers operate.

      (d) Foreign Air Transportation. - (1) The Administrator shall
    take all possible steps to encourage governments of foreign
    countries and relevant international organizations to develop
    standards and requirements for inspections and reviews that - 
        (A) will ensure the continuing airworthiness of aging aircraft
      used by foreign air carriers to provide foreign air
      transportation to and from the United States; and
        (B) will provide passengers of those foreign air carriers with
      the same level of safety that will be provided passengers of air
      carriers by carrying out this section.

      (2) Not later than September 30, 1994, the Administrator shall
    report to Congress on carrying out this subsection.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1199.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44717(a)       49 App.:1421 (note).    Oct. 28, 1991, Pub. L.       
                                            102-143, Secs. 402(a),      
                                            (b)(1), (c)-(e), 405, 105   
                                            Stat. 951, 952.             
    44717(b)       49 App.:1421 (note).    Oct. 28, 1991, Pub. L.       
                                            102-143, Sec. 402(b)(2),    
                                            (3), 105 Stat. 951.         
    44717(c)       49 App.:1421 (note).    Oct. 28, 1991, Pub. L.       
                                            102-143, Sec. 403, 105 Stat.
                                            952.                        
    44717(d)       49 App.:1421 (note).    Oct. 28, 1991, Pub. L.       
                                            102-143, Sec. 404, 105 Stat.
                                            952.                        
    --------------------------------------------------------------------

      In subsections (a) and (c), before clause (1), the words "Not
    later than 180 days after the date of the enactment of this title"
    are omitted as obsolete.
      In subsection (a), before clause (1), the text of section 405 of
    the Department of Transportation and Related Agencies
    Appropriations Act, 1992 (Public Law 102-143, 105 Stat. 952) is
    omitted as surplus because the complete name of the Administrator
    of the Federal Aviation Administration is used the first time the
    term appears in a section. The word "regulations" is substituted
    for "rule" because the terms are synonymous. In clauses (2)-(4),
    the words "required by the rule" are omitted as surplus. In clause
    (2), the words "structure, skin, and other" are omitted as surplus.
    In clause (3), the words "inspection, maintenance, and other" are
    omitted as surplus.
      In subsection (c)(1), the word "Administrator" is substituted for
    "Federal Aviation Administration" for consistency in the revised
    title.
      In subsection (d)(1), before clause (A), the words "governments
    of foreign countries" are substituted for "foreign governments" for
    consistency in the revised title and with other titles of the
    United States Code.

-End-



-CITE-
    49 USC Sec. 44718                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44718. Structures interfering with air commerce

-STATUTE-
      (a) Notice. - By regulation or by order when necessary, the
    Secretary of Transportation shall require a person to give adequate
    public notice, in the form and way the Secretary prescribes, of the
    construction, alteration, establishment, or expansion, or the
    proposed construction, alteration, establishment, or expansion, of
    a structure or sanitary landfill when the notice will promote - 
        (1) safety in air commerce; and
        (2) the efficient use and preservation of the navigable
      airspace and of airport traffic capacity at public-use airports.

      (b) Studies. - (1) Under regulations prescribed by the Secretary,
    if the Secretary decides that constructing or altering a structure
    may result in an obstruction of the navigable airspace or an
    interference with air navigation facilities and equipment or the
    navigable airspace, the Secretary shall conduct an aeronautical
    study to decide the extent of any adverse impact on the safe and
    efficient use of the airspace, facilities, or equipment. In
    conducting the study, the Secretary shall consider factors relevant
    to the efficient and effective use of the navigable airspace,
    including - 
        (A) the impact on arrival, departure, and en route procedures
      for aircraft operating under visual flight rules;
        (B) the impact on arrival, departure, and en route procedures
      for aircraft operating under instrument flight rules;
        (C) the impact on existing public-use airports and aeronautical
      facilities;
        (D) the impact on planned public-use airports and aeronautical
      facilities; and
        (E) the cumulative impact resulting from the proposed
      construction or alteration of a structure when combined with the
      impact of other existing or proposed structures.

      (2) On completing the study, the Secretary shall issue a report
    disclosing completely the extent of the adverse impact on the safe
    and efficient use of the navigable airspace that the Secretary
    finds will result from constructing or altering the structure.
      (c) Broadcast Applications and Tower Studies. - In carrying out
    laws related to a broadcast application and conducting an
    aeronautical study related to broadcast towers, the Administrator
    of the Federal Aviation Administration and the Federal
    Communications Commission shall take action necessary to coordinate
    efficiently - 
        (1) the receipt and consideration of, and action on, the
      application; and
        (2) the completion of any associated aeronautical study.

      (d) Limitation on Construction of Landfills. - 
        (1) In general. - No person shall construct or establish a
      municipal solid waste landfill (as defined in section 258.2 of
      title 40, Code of Federal Regulations, as in effect on the date
      of the enactment of this subsection) that receives putrescible
      waste (as defined in section 257.3-8 of such title) within 6
      miles of a public airport that has received grants under chapter
      471 and is primarily served by general aviation aircraft and
      regularly scheduled flights of aircraft designed for 60
      passengers or less unless the State aviation agency of the State
      in which the airport is located requests that the Administrator
      of the Federal Aviation Administration exempt the landfill from
      the application of this subsection and the Administrator
      determines that such exemption would have no adverse impact on
      aviation safety.
        (2) Limitation on applicability. - Paragraph (1) shall not
      apply in the State of Alaska and shall not apply to the
      construction, establishment, expansion, or modification of, or to
      any other activity undertaken with respect to, a municipal solid
      waste landfill if the construction or establishment of the
      landfill was commenced on or before the date of the enactment of
      this subsection.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1200; Pub. L.
    104-264, title XII, Sec. 1220(a), Oct. 9, 1996, 110 Stat. 3286;
    Pub. L. 106-181, title V, Sec. 503(b), Apr. 5, 2000, 114 Stat.
    133.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44718(a)       49 App.:1501(a).        Aug. 23, 1958, Pub. L.       
                                            85-726, Sec. 1101, 72 Stat. 
                                            797; restated Dec. 30, 1987,
                                            Pub. L. 100-223, Sec. 206   
                                            (less (b)), 101 Stat. 1521; 
                                            Oct. 31, 1992, Pub. L.      
                                            102-581, Sec. 203(a), 106   
                                            Stat. 4890.                 
    44718(b)       49 App.:1501(b).                                     
    44718(c)       49 App.:1501(c).                                     
    --------------------------------------------------------------------

      In subsection (a), before clause (1), the words "(hereinafter in
    this section referred to as the 'Secretary')" and "where necessary"
    are omitted as surplus.
      In subsection (b)(1), before clause (A), the word "thoroughly" is
    omitted as surplus.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of this subsection, referred to in
    subsec. (d), probably means the date of enactment of Pub. L. 106-
    181, which amended subsec. (d) generally, and which was approved
    Apr. 5, 2000.


-MISC2-
                                AMENDMENTS                            
      2000 - Subsec. (d). Pub. L. 106-181 amended heading and text of
    subsec. (d) generally. Prior to amendment, text read as follows:
    "For the purposes of enhancing aviation safety, in a case in which
    2 landfills have been proposed to be constructed or established
    within 6 miles of a commercial service airport with fewer than
    50,000 enplanements per year, no person shall construct or
    establish either landfill if an official of the Federal Aviation
    Administration has stated in writing within the 3-year period
    ending on the date of the enactment of this subsection that 1 of
    the landfills would be incompatible with aircraft operations at the
    airport, unless the landfill is already active on such date of
    enactment or the airport operator agrees to the construction or
    establishment of the landfill."
      1996 - Subsec. (d). Pub. L. 104-264 added subsec. (d).

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment 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.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Except as otherwise specifically provided, amendment by Pub. L.
    104-264 applicable only to fiscal years beginning after Sept. 30,
    1996, and not to be construed as affecting funds made available for
    a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.
    104-264, set out as a note under section 106 of this title.

                  LANDFILLS INTERFERING WITH AIR COMMERCE              
      Pub. L. 106-181, title V, Sec. 503(a), Apr. 5, 2000, 114 Stat.
    133, provided that: "Congress finds that - 
        "(1) collisions between aircraft and birds have resulted in
      fatal accidents;
        "(2) bird strikes pose a special danger to smaller aircraft;
        "(3) landfills near airports pose a potential hazard to
      aircraft operating there because they attract birds;
        "(4) even if the landfill is not located in the approach path
      of the airport's runway, it still poses a hazard because of the
      birds' ability to fly away from the landfill and into the path of
      oncoming planes;
        "(5) while certain mileage limits have the potential to be
      arbitrary, keeping landfills at least 6 miles away from an
      airport, especially an airport served by small planes, is an
      appropriate minimum requirement for aviation safety; and
        "(6) closure of existing landfills (due to concerns about
      aviation safety) should be avoided because of the likely
      disruption to those who use and depend on such landfills."

-End-



-CITE-
    49 USC Sec. 44719                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44719. Standards for navigational aids

-STATUTE-
      The Secretary of Transportation shall prescribe regulations on
    standards for installing navigational aids, including airport
    control towers. For each type of facility, the regulations shall
    consider at a minimum traffic density (number of aircraft
    operations without consideration of aircraft size), terrain and
    other obstacles to navigation, weather characteristics, passengers
    served, and potential aircraft operating efficiencies.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1201.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44719          49 App.:1348 (note).    Dec. 30, 1987, Pub. L.       
                                            100-223, Sec. 308, 101 Stat.
                                            1526.                       
    --------------------------------------------------------------------

      The words "Not later than December 31, 1988" are omitted as
    obsolete.

-End-



-CITE-
    49 USC Sec. 44720                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44720. Meteorological services

-STATUTE-
      (a) Recommendations. - The Administrator of the Federal Aviation
    Administration shall make recommendations to the Secretary of
    Commerce on providing meteorological services necessary for the
    safe and efficient movement of aircraft in air commerce. In
    providing the services, the Secretary shall cooperate with the
    Administrator and give complete consideration to those
    recommendations.
      (b) Promoting Safety and Efficiency. - To promote safety and
    efficiency in air navigation to the highest possible degree, the
    Secretary shall - 
        (1) observe, measure, investigate, and study atmospheric
      phenomena, and maintain meteorological stations and offices, that
      are necessary or best suited for finding out in advance
      information about probable weather conditions;
        (2) provide reports to the Administrator to persons engaged in
      civil aeronautics that are designated by the Administrator and to
      other persons designated by the Secretary in a way and with a
      frequency that best will result in safety in, and facilitating,
      air navigation;
        (3) cooperate with persons engaged in air commerce in
      meteorological services, maintain reciprocal arrangements with
      those persons in carrying out this clause, and collect and
      distribute weather reports available from aircraft in flight;
        (4) maintain and coordinate international exchanges of
      meteorological information required for the safety and efficiency
      of air navigation;
        (5) in cooperation with other departments, agencies, and
      instrumentalities of the United States Government, meteorological
      services of foreign countries, and persons engaged in air
      commerce, participate in developing an international basic
      meteorological reporting network, including the establishment,
      operation, and maintenance of reporting stations on the high
      seas, in polar regions, and in foreign countries;
        (6) coordinate meteorological requirements in the United States
      to maintain standard observations, to promote efficient use of
      facilities, and to avoid duplication of services unless the
      duplication tends to promote the safety and efficiency of air
      navigation; and
        (7) promote and develop meteorological science and foster and
      support research projects in meteorology through the use of
      private and governmental research facilities and provide for
      publishing the results of the projects unless publication would
      not be in the public interest.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1201.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44720(a)       49 App.:1351.           Aug. 23, 1958, Pub. L.       
                                            85-726, Secs. 310, 803, 72  
                                            Stat. 751, 783.             
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    44720(b)       49 App.:1463.                                        
                   49 App.:1655(c)(1).                                  
    --------------------------------------------------------------------

      In subsection (b), the title "Secretary" [of Commerce] is
    substituted for "Chief of the Weather Bureau" in section 803 of the
    Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 783)
    because of sections 1 and 2 of Reorganization Plan No. 2 of 1965
    (eff. July 13, 1965, 79 Stat. 1318). Before clause (1), the words
    "In order" and "in addition to any other functions or duties
    pertaining to weather information for other purposes" are omitted
    as surplus. In clause (2), the words "forecasts, warnings, and
    advices" are omitted as being included in "reports". In clause (3),
    the words "or employees thereof" and "establish and" are omitted as
    surplus. The words "with those persons" are added for clarity. In
    clause (5), the words "departments, agencies, and instrumentalities
    of the United States Government" are substituted for "governmental
    agencies of the United States" for consistency in the revised title
    and with other titles of the United States Code.

               AUTOMATED SURFACE OBSERVATION SYSTEM STATIONS           
      Pub. L. 106-181, title VII, Sec. 728, Apr. 5, 2000, 114 Stat.
    168, provided that: "The Administrator [of the Federal Aviation
    Administration] shall not terminate human weather observers for
    Automated Surface Observation System stations until - 
        "(1) the Administrator determines that the system provides
      consistent reporting of changing meteorological conditions and
      notifies Congress in writing of that determination; and
        "(2) 60 days have passed since the report was transmitted to
      Congress."

-End-



-CITE-
    49 USC Sec. 44721                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44721. Aeronautical charts and related products and services

-STATUTE-
      (a) Publication. - 
        (1) In general. - The Administrator of the Federal Aviation
      Administration may arrange for the publication of aeronautical
      maps and charts necessary for the safe and efficient movement of
      aircraft in air navigation, using the facilities and assistance
      of departments, agencies, and instrumentalities of the United
      States Government as far as practicable.
        (2) Navigation routes. - In carrying out paragraph (1), the
      Administrator shall update and arrange for the publication of
      clearly defined routes for navigating through a complex terminal
      airspace area and to and from an airport located in such an area,
      if the Administrator decides that publication of the routes would
      promote safety in air navigation. The routes shall be developed
      in consultation with pilots and other users of affected airports
      and shall be for the optional use of pilots operating under
      visual flight rules.

      (b) Indemnification. - The Government shall make an agreement to
    indemnify any person that publishes a map or chart for use in
    aeronautics from any part of a claim arising out of the depiction
    by the person on the map or chart of a defective or deficient
    flight procedure or airway if the flight procedure or airway was - 
        (1) prescribed by the Administrator;
        (2) depicted accurately on the map or chart; and
        (3) not obviously defective or deficient.

      (c) Authority of Office of Aeronautical Charting and Cartography.
    - Effective October 1, 2000, the Administrator is vested with and
    shall exercise the functions, powers, and duties of the Secretary
    of Commerce and other officers of the Department of Commerce that
    relate to the Office of Aeronautical Charting and Cartography to
    provide aeronautical charts and related products and services for
    the safe and efficient navigation of air commerce, under the
    following authorities:
        (1) Sections 1 through 9 of the Act entitled "An Act to define
      the functions and duties of the Coast and Geodetic Survey, and
      for other purposes", approved August 6, 1947,(!1) (33 U.S.C. 883a-
      883h).

        (2) Section 6082 of the Consolidated Omnibus Budget
      Reconciliation Act of 1985 (33 U.S.C. 883j).

      (d) Authority. - In order that full public benefit may be derived
    from the dissemination of data resulting from activities under this
    section and of related data from other sources, the Administrator
    may - 
        (1) develop, process, disseminate and publish digital and
      analog data, information, compilations, and reports;
        (2) compile, print, and disseminate aeronautical charts and
      related products and services of the United States and its
      territories and possessions;
        (3) compile, print, and disseminate aeronautical charts and
      related products and services covering international airspace as
      are required primarily by United States civil aviation; and
        (4) compile, print, and disseminate nonaeronautical
      navigational, transportation or public-safety-related products
      and services when in the best interests of the Government.

      (e) Contracts, Cooperative Agreements, Grants, and Other
    Agreements. - 
        (1) Contracts. - The Administrator is authorized to contract
      with qualified organizations for the performance of any part of
      the authorized functions of the Office of Aeronautical Charting
      and Cartography when the Administrator deems such procedure to be
      in the public interest and will not compromise public safety.
        (2) Cooperative agreements, grants, and other agreements. - The
      Administrator is authorized to enter into cooperative agreements,
      grants, reimbursable agreements, memoranda of understanding and
      other agreements, with a State, subdivision of a State, Federal
      agency, public or private organization, or individual, to carry
      out the purposes of this section.

      (f) Special Services and Products. - 
        (1) In general. - The Administrator is authorized, at the
      request of a State, subdivision of a State, Federal agency,
      public or private organization, or individual, to conduct special
      services, including making special studies, or developing special
      publications or products on matters relating to navigation,
      transportation, or public safety.
        (2) Fees. - The Administrator shall assess a fee for any
      special service provided under paragraph (1). A fee shall be not
      more than the actual or estimated full cost of the service. A fee
      may be reduced or waived for research organizations, educational
      organizations, or non-profit organizations, when the
      Administrator determines that reduction or waiver of the fee is
      in the best interest of the Government by furthering public
      safety.

      (g) Sale and Dissemination of Aeronautical Products. - 
        (1) In general. - Aeronautical products created or maintained
      under the authority of this section shall be sold at prices
      established annually by the Administrator consistent with the
      following:
          (A) Maximum price. - Subject to subparagraph (B), the price
        of an aeronautical product sold to the public shall be not more
        than necessary to recover all costs attributable to: (i) data
        base management and processing; (ii) compilation; (iii)
        printing or other types of reproduction; and (iv) dissemination
        of the product.
          (B) Adjustment of price. - The Administrator shall adjust the
        price of an aeronautical product and service sold to the public
        as necessary to avoid any adverse impact on aviation safety
        attributable to the price specified under this paragraph.
          (C) Costs attributable to acquisition of aeronautical data. -
        A price established under this paragraph may not include costs
        attributable to the acquisition of aeronautical data.
          (D) Continuation of prices. - The price of any product
        created under subsection (d) may correspond to the price of a
        comparable product produced by a department of the United
        States Government as that price was in effect on September 30,
        2000, and may remain in effect until modified by regulation
        under section 9701 of title 31, United States Code.

        (2) Publication of prices. - The Administrator shall publish
      annually the prices at which aeronautical products are sold to
      the public.
        (3) Distribution. - The Administrator may distribute
      aeronautical products and provide aeronautical services - 
          (A) without charge to each foreign government or
        international organization with which the Administrator or a
        Federal department or agency has an agreement for exchange of
        these products or services without cost;
          (B) at prices the Administrator establishes, to the
        departments and officers of the United States requiring them
        for official use; and
          (C) at reduced or no charge where, in the judgment of the
        Administrator, furnishing the aeronautical product or service
        to a recipient is a reasonable exchange for voluntary
        contribution of information by the recipient to the activities
        under this section.

        (4) Fees. - The fees provided for in this subsection are for
      the purpose of reimbursing the Government for the costs of
      creating, printing and disseminating aeronautical products and
      services under this section. The collection of fees authorized by
      this section does not alter or expand any duty or liability of
      the Government under existing law for the performance of
      functions for which fees are collected, nor does the collection
      of fees constitute an express or implied undertaking by the
      Government to perform any activity in a certain manner.
        (5) Crediting amounts received. - Notwithstanding any other
      provision of law, amounts received for the sale of products
      created and services performed under this section shall be fully
      credited to the account of the Federal Aviation Administration
      that funded the provision of the products or services and shall
      remain available until expended.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1202; Pub. L.
    106-181, title VI, Sec. 603(a), Apr. 5, 2000, 114 Stat. 150; Pub.
    L. 106-424, Sec. 17(a), Nov. 1, 2000, 114 Stat. 1888.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44721(a)(1)    49 App.:1348(b)         Aug. 23, 1958, Pub. L.       
                    (1st sentence cl.       85-726, Sec. 307(b) (1st    
                    (3)).                   sentence cl. (3)), 72 Stat. 
                                            750.                        
                   49 App.:1655(c)(1).     Oct. 15, 1966, Pub. L.       
                                            89-670, Sec. 6(c)(1), 80    
                                            Stat. 938; Jan. 12, 1983,   
                                            Pub. L. 97-449, Sec. 7(b),  
                                            96 Stat. 2444.              
    44721(a)(2)    49 App.:1348(b)         Aug. 23, 1958, Pub. L.       
                    (3d, last               85-726, 72 Stat. 749, Sec.  
                    sentences).             307(b) (3d, last sentences);
                                            added Oct. 31, 1992, Pub. L.
                                            102-581, Sec. 125, 106 Stat.
                                            4885.                       
    44721(b)       49 App.:1519.           Aug. 23, 1958, Pub. L.       
                                            85-726, 72 Stat. 731, Sec.  
                                            1118; added Dec. 19, 1985,  
                                            Pub. L. 99-190, Sec. 328(a),
                                            99 Stat. 1289.              
    --------------------------------------------------------------------

      In subsection (a)(1), the word "Administrator" in section 307(b)
    of the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat.
    750) is retained on authority of 49:106(g). The words "within the
    limits of available appropriations made by the Congress" are
    omitted as surplus. The words "departments, agencies, and
    instrumentalities of the United States Government" are substituted
    for "existing agencies of the Government" for consistency in the
    revised title and with other titles of the United States Code.
      In subsection (b), before clause (1), the words "Notwithstanding
    the provisions of section 1341 of title 31 or any other provision
    of law" are omitted as surplus.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 1 through 9 of the Act entitled "An Act to define the
    functions and duties of the Coast and Geodetic Survey, and for
    other purposes", approved August 6, 1947, referred to in subsec.
    (c)(1), are classified to sections 883a to 883i of Title 33,
    Navigation and Navigable Waters. Section 883g of Title 33 was
    repealed by Pub. L. 88-611, Sec. 4(a)(2), Oct. 2, 1964, 78 Stat.
    991.


-MISC2-
                                AMENDMENTS                            
      2000 - Pub. L. 106-181 amended section catchline and text
    generally. Prior to amendment, text read as follows:
      "(a) Publication. - (1) The Administrator of the Federal Aviation
    Administration may arrange for the publication of aeronautical maps
    and charts necessary for the safe and efficient movement of
    aircraft in air navigation, using the facilities and assistance of
    departments, agencies, and instrumentalities of the United States
    Government as far as practicable.
      "(2) In carrying out paragraph (1) of this subsection, the
    Administrator shall update and arrange for the publication of
    clearly defined routes for navigating through a complex terminal
    airspace area and to and from an airport located in such an area,
    if the Administrator decides that publication of the routes would
    promote safety in air navigation. The routes shall be developed in
    consultation with pilots and other users of affected airports and
    shall be for the optional use of pilots operating under visual
    flight rules.
      "(b) Indemnification. - The Government shall make an agreement to
    indemnify any person that publishes a map or chart for use in
    aeronautics from any part of a claim arising out of the depiction
    by the person on the map or chart of a defective or deficient
    flight procedure or airway if the flight procedure or airway was - 
        "(1) prescribed by the Administrator;
        "(2) depicted accurately on the map or chart; and
        "(3) not obviously defective or deficient."
      Subsec. (c)(3), (4). Pub. L. 106-424, Sec. 17(a)(1), struck out
    pars. (3) and (4) which read as follows:
      "(3) Section 1307 of title 44, United States Code.
      "(4) The provision of title II of the Departments of Commerce,
    Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 1995 under the heading 'National Oceanic and
    Atmospheric Administration' relating to aeronautical charts (44
    U.S.C. 1307 note)."
      Subsec. (g)(1)(D). Pub. L. 106-424, Sec. 17(a)(2), added subpar.
    (D).
      Subsec. (g)(5). Pub. L. 106-424, Sec. 17(a)(3), added par. (5).

                     EFFECTIVE DATE OF 2000 AMENDMENTS                 
      Pub. L. 106-424, Sec. 17(b), Nov. 1, 2000, 114 Stat. 1889,
    provided that: "The amendments made by subsection (a) [amending
    this section] take effect on October 1, 2000."
      Amendment 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.

                             SAVINGS PROVISION                         
      Pub. L. 106-181, title VI, Sec. 604, Apr. 5, 2000, 114 Stat. 152,
    provided that:
      "(a) Continued Effectiveness of Directives. - All orders,
    determinations, rules, regulations, permits, contracts,
    certificates, licenses, privileges, and financial assistance that -
    
        "(1) have been issued, made, granted, or allowed to become
      effective by the President of the United States, the Secretary of
      Commerce, the Administrator of the National Oceanic and
      Atmospheric Administration, any Federal agency or official
      thereof, or by a court of competent jurisdiction, in the
      performance of functions which are transferred by this title
      [amending this section, sections 883b and 883e of Title 33,
      Navigation and Navigable Waters, and section 1307 of Title 44,
      Public Printing and Documents, and enacting provisions set out as
      notes under this section]; and
        "(2) are in effect on the date of transfer,
    shall continue in effect according to their terms until modified,
    terminated, superseded, set aside, or revoked in accordance with
    law by the President of the United States, the Administrator of the
    Federal Aviation Administration, a court of competent jurisdiction,
    or by operation of law.
      "(b) Continued Effectiveness of Pending Actions. - 
        "(1) In general. - The provisions of this title shall not
      affect any proceedings, including notices of proposed rulemaking,
      or any application for any license, permit, certificate, or
      financial assistance pending on the date of transfer before the
      Department of Commerce or the National Oceanic and Atmospheric
      Administration, or any officer of such Department or
      Administration, with respect to functions transferred by this
      title, but such proceedings or applications, to the extent that
      they relate to functions transferred, shall be continued in
      accord with transition guidelines promulgated by the
      Administrator of the Federal Aviation Administration under the
      authority of this section. Orders issued in any such proceedings
      shall continue in effect until modified, terminated, superseded,
      or revoked by the Administrator of the Federal Aviation
      Administration, by a court of competent jurisdiction, or by
      operation of law. Nothing in this subsection prohibits the
      discontinuance or modification of any such proceeding under the
      same terms and conditions and to the same extent that such
      proceeding could have been discontinued or modified if this title
      had not been enacted.
        "(2) Transition guidelines. - The Secretary of Commerce, the
      Administrator of the National Oceanic and Atmospheric
      Administration, and the Administrator of the Federal Aviation
      Administration are authorized to issue transition guidelines
      providing for the orderly transfer of proceedings and otherwise
      to accomplish the orderly transfer of functions, personnel and
      property under this title.
      "(c) Continued Effectiveness of Judicial Actions. - No cause of
    action by or against the Department of Commerce or the National
    Oceanic and Atmospheric Administration with respect to functions
    transferred by this title, or by or against any officer thereof in
    the official's capacity, shall abate by reason of the enactment of
    this title. Causes of action and actions with respect to a function
    or office transferred by this title, or other proceedings may be
    asserted by or against the United States or an official of the
    Federal Aviation Administration, as may be appropriate, and, in an
    action pending when this title takes effect, the court may at any
    time, on its own motion or that of any party, enter an order that
    will give effect to the provisions of this subsection.
      "(d) Substitution or Addition of Parties to Judicial Actions. -
    If, on the date of transfer, the Department of Commerce or the
    National Oceanic and Atmospheric Administration, or any officer of
    the Department or Administration in an official capacity, is a
    party to an action, and under this title any function relating to
    the action of the Department, Administration, or officer is
    transferred to the Federal Aviation Administration, then such
    action shall be continued with the Administrator of the Federal
    Aviation Administration substituted or added as a party.
      "(e) Continued Jurisdiction Over Actions Transferred. - Orders
    and actions of the Administrator of the Federal Aviation
    Administration in the exercise of functions transferred by this
    title shall be subject to judicial review to the same extent and in
    the same manner as if such orders and actions had been by the
    Department of Commerce or the National Oceanic and Atmospheric
    Administration, or any office or officer of such Department or
    Administration, in the exercise of such functions immediately
    preceding their transfer.
      "(f) Liabilities and Obligations. - The Administrator of the
    Federal Aviation Administration shall assume all liabilities and
    obligations (tangible and incorporeal, present and executory)
    associated with the functions transferred under this title on the
    date of transfer, including leases, permits, licenses, contracts,
    agreements, claims, tariffs, accounts receivable, accounts payable,
    financial assistance, and litigation relating to such obligations,
    regardless whether judgment has been entered, damages awarded, or
    appeal taken."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Pub. L. 106-181, title VI, Sec. 601, Apr. 5, 2000, 114 Stat. 149,
    provided that: "Effective October 1, 2000, there are transferred to
    the Federal Aviation Administration and vested in the Administrator
    the functions, powers, and duties of the Secretary of Commerce and
    other officers of the Department of Commerce that relate to the
    Office of Aeronautical Charting and Cartography and are set forth
    in section 44721 of title 49, United States Code."


-MISC3-
                 TRANSFER OF OFFICE, PERSONNEL, AND FUNDS             
      Pub. L. 106-181, title VI, Sec. 602, Apr. 5, 2000, 114 Stat. 149,
    provided that:
      "(a) Transfer of Office. - Effective October 1, 2000, the Office
    of Aeronautical Charting and Cartography of the National Oceanic
    and Atmospheric Administration, Department of Commerce, is
    transferred to the Federal Aviation Administration.
      "(b) Other Transfers. - Effective October 1, 2000, the personnel
    employed in connection with, and the assets, liabilities,
    contracts, property, equipment, facilities, records, and unexpended
    balance of appropriations, and other funds employed, held, used,
    arising from, available to, or to be made available in connection
    with the function and offices, or portions of offices, transferred
    by this title [amending this section, sections 883b and 883e of
    Title 33, Navigation and Navigable Waters, and section 1307 of
    Title 44, Public Printing and Documents, and enacting provisions
    set out as notes under this section], including all Senior
    Executive Service positions, subject to section 1531 of title 31,
    United States Code, are transferred to the Administrator of the
    Federal Aviation Administration for appropriate allocation.
    Personnel employed in connection with functions transferred by this
    title transfer under any applicable law and regulation relating to
    transfer of functions. Unexpended funds transferred under this
    section shall be used only for the purposes for which the funds
    were originally authorized and appropriated, except that funds may
    be used for expenses associated with the transfer authorized by
    this title."

    PROCUREMENT OF PRIVATE ENTERPRISE MAPPING, CHARTING, AND GEOGRAPHIC
                            INFORMATION SYSTEMS
      Pub. L. 106-181, title VI, Sec. 607, Apr. 5, 2000, 114 Stat. 154,
    provided that: "The Administrator [of the Federal Aviation
    Administration] shall consider procuring mapping, charting, and
    geographic information systems necessary to carry out the duties of
    the Administrator under title 49, United States Code, from private
    enterprises, if the Administrator determines that such procurement
    furthers the mission of the Federal Aviation Administration and is
    cost effective."

-FOOTNOTE-
    (!1) So in original. The comma probably should not appear.


-End-



-CITE-
    49 USC Sec. 44722                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44722. Aircraft operations in winter conditions

-STATUTE-
      The Administrator of the Federal Aviation Administration shall
    prescribe regulations requiring procedures to improve safety of
    aircraft operations during winter conditions. In deciding on the
    procedures to be required, the Administrator shall consider at
    least aircraft and air traffic control modifications, the
    availability of different types of deicing fluids (considering
    their efficacy and environmental limitations), the types of deicing
    equipment available, and the feasibility and desirability of
    establishing timeframes within which deicing must occur under
    certain types of inclement weather.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1202.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44722          49:1421 (note).         Oct. 31, 1992, Pub. L.       
                                            102-581, Sec. 124, 106 Stat.
                                            4885.                       
    --------------------------------------------------------------------

      The words "Before November 1, 1992" are omitted as obsolete. The
    words "prescribe regulations requiring" are substituted for
    "require, by regulation", and the words "other factors the
    Administrator considers appropriate" are substituted for "among
    other things", for consistency in the revised title.

-End-



-CITE-
    49 USC Sec. 44723                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44723. Annual report

-STATUTE-
      Not later than January 1 of each year, the Secretary of
    Transportation shall submit to Congress a comprehensive report on
    the safety enforcement activities of the Federal Aviation
    Administration during the fiscal year ending the prior September
    30th. The report shall include - 
        (1) a comparison of end-of-year staffing levels by operations,
      maintenance, and avionics inspector categories to staffing goals
      and a statement on how staffing standards were applied to make
      allocations between air carrier and general aviation operations,
      maintenance, and avionics inspectors;
        (2) schedules showing the range of inspector experience by
      various inspector work force categories, and the number of
      inspectors in each of the categories who are considered fully
      qualified;
        (3) schedules showing the number and percentage of inspectors
      who have received mandatory training by individual course, and
      the number of inspectors by work force categories, who have
      received all mandatory training;
        (4) a description of the criteria used to set annual work
      programs, an explanation of how these criteria differ from
      criteria used in the prior fiscal year and how the annual work
      programs ensure compliance with appropriate regulations and safe
      operating practices;
        (5) a comparison of actual inspections performed during the
      fiscal year to the annual work programs by field location and,
      for any field location completing less than 80 percent of its
      planned number of inspections, an explanation of why annual work
      program plans were not met;
        (6) a statement of the adequacy of Administration internal
      management controls available to ensure that field managers
      comply with Administration policies and procedures, including
      those on inspector priorities, district office coordination,
      minimum inspection standards, and inspection followup;
        (7) the status of efforts made by the Administration to update
      inspector guidance documents and regulations to include
      technological, management, and structural changes taking place in
      the aviation industry, including a listing of the backlog of all
      proposed regulatory amendments;
        (8) a list of the specific operational measures of
      effectiveness used to evaluate - 
          (A) the progress in meeting program objectives;
          (B) the quality of program delivery; and
          (C) the nature of emerging safety problems;

        (9) a schedule showing the number of civil penalty cases closed
      during the 2 prior fiscal years, including the total initial and
      final penalties imposed, the total number of dollars collected,
      the range of dollar amounts collected, the average case
      processing time, and the range of case processing time;
        (10) a schedule showing the number of enforcement actions taken
      (except civil penalties) during the 2 prior fiscal years,
      including the total number of violations cited, and the number of
      cited violation cases closed by certificate suspensions,
      certificate revocations, warnings, and no action taken; and
        (11) schedules showing the safety record of the aviation
      industry during the fiscal year for air carriers and general
      aviation, including - 
          (A) the number of inspections performed when deficiencies
        were identified compared with inspections when no deficiencies
        were found;
          (B) the frequency of safety deficiencies for each air
        carrier; and
          (C) an analysis based on data of the general status of air
        carrier and general aviation compliance with aviation
        regulations.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1202.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    44723          49:308 (note).          Dec. 22, 1987, Pub. L.       
                                            100-202, Sec. 317(a), 101   
                                            Stat. 1329-380.             
                                           Sept. 30, 1988, Pub. L.      
                                            100-457, Sec. 317(a), 102   
                                            Stat. 2148.                 
    --------------------------------------------------------------------

      In clauses (4) and (7), the word "regulations" is substituted for
    "Federal regulations" for consistency in the revised title.
      In clause (5), the words "by field location" are substituted for
    "disaggregated to the field locations" for clarity.
      In clause (8), before subclause (A), the words " 'best proxies'
    standing between the ultimate goal of accident prevention and
    ongoing program activities" are omitted as surplus.
      In clause (9), the words "penalties imposed" are substituted for
    "assessments" for consistency in the revised title and with other
    titles of the United States Code.
      In clause (11)(C), the words "aviation regulations" are
    substituted for "Federal Aviation Regulations" for consistency in
    the revised title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of reporting provisions
    in this section, see section 3003 of Pub. L. 104-66, as amended,
    set out as a note under section 1113 of Title 31, Money and
    Finance. See, also, the 22nd item on page 132 and the 10th item on
    page 135 of House Document No. 103-7.

-End-



-CITE-
    49 USC Sec. 44724                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44724. Manipulation of flight controls

-STATUTE-
      (a) Prohibition. - No pilot in command of an aircraft may allow
    an individual who does not hold - 
        (1) a valid private pilots certificate issued by the
      Administrator of the Federal Aviation Administration under part
      61 of title 14, Code of Federal Regulations; and
        (2) the appropriate medical certificate issued by the
      Administrator under part 67 of such title,

    to manipulate the controls of an aircraft if the pilot knows or
    should have known that the individual is attempting to set a record
    or engage in an aeronautical competition or aeronautical feat, as
    defined by the Administrator.
      (b) Revocation of Airmen Certificates. - The Administrator shall
    issue an order revoking a certificate issued to an airman under
    section 44703 of this title if the Administrator finds that while
    acting as a pilot in command of an aircraft, the airman has
    permitted another individual to manipulate the controls of the
    aircraft in violation of subsection (a).
      (c) Pilot in Command Defined. - In this section, the term "pilot
    in command" has the meaning given such term by section 1.1 of title
    14, Code of Federal Regulations.

-SOURCE-
    (Added Pub. L. 104-264, title VI, Sec. 602(a)(1), Oct. 9, 1996, 110
    Stat. 3263.)


-MISC1-
                              EFFECTIVE DATE                          
      Except as otherwise specifically provided, section applicable
    only to fiscal years beginning after Sept. 30, 1996, and not to be
    construed as affecting funds made available for a fiscal year
    ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set
    out as an Effective Date of 1996 Amendment note under section 106
    of this title.

-End-



-CITE-
    49 USC Sec. 44725                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44725. Life-limited aircraft parts

-STATUTE-
      (a) In General. - The Administrator of the Federal Aviation
    Administration shall conduct a rulemaking proceeding to require the
    safe disposition of life-limited parts removed from an aircraft.
    The rulemaking proceeding shall ensure that the disposition deter
    installation on an aircraft of a life-limited part that has reached
    or exceeded its life limits.
      (b) Safe Disposition. - For the purposes of this section, safe
    disposition includes any of the following methods:
        (1) The part may be segregated under circumstances that
      preclude its installation on an aircraft.
        (2) The part may be permanently marked to indicate its used
      life status.
        (3) The part may be destroyed in any manner calculated to
      prevent reinstallation in an aircraft.
        (4) The part may be marked, if practicable, to include the
      recordation of hours, cycles, or other airworthiness information.
      If the parts are marked with cycles or hours of usage, that
      information must be updated every time the part is removed from
      service or when the part is retired from service.
        (5) Any other method approved by the Administrator.

      (c) Deadlines. - In conducting the rulemaking proceeding under
    subsection (a), the Administrator shall - 
        (1) not later than 180 days after the date of the enactment of
      this section, issue a notice of proposed rulemaking; and
        (2) not later than 180 days after the close of the comment
      period on the proposed rule, issue a final rule.

      (d) Prior-Removed Life-Limited Parts. - No rule issued under
    subsection (a) shall require the marking of parts removed from
    aircraft before the effective date of the rules issued under
    subsection (a), nor shall any such rule forbid the installation of
    an otherwise airworthy life-limited part.

-SOURCE-
    (Added Pub. L. 106-181, title V, Sec. 504(a), Apr. 5, 2000, 114
    Stat. 134.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of this section, referred to in subsec.
    (c)(1), is the date of enactment of Pub. L. 106-181, which was
    approved Apr. 5, 2000.


-MISC1-
                              EFFECTIVE DATE                          
      Section applicable only to fiscal years beginning after Sept. 30,
    1999, see section 3 of Pub. L. 106-181, set out as an Effective
    Date of 2000 Amendments note under section 106 of this title.

-End-



-CITE-
    49 USC Sec. 44726                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44726. Denial and revocation of certificate for counterfeit
      parts violations

-STATUTE-
      (a) Denial of Certificate. - 
        (1) In general. - Except as provided in paragraph (2) of this
      subsection and subsection (e)(2), the Administrator of the
      Federal Aviation Administration may not issue a certificate under
      this chapter to any person - 
          (A) convicted in a court of law of a violation of a law of
        the United States relating to the installation, production,
        repair, or sale of a counterfeit or fraudulently-represented
        aviation part or material;
          (B) whose certificate is revoked under subsection (b); or
          (C) subject to a controlling or ownership interest of an
        individual described in subparagraph (A) or (B).

        (2) Exception. - Notwithstanding paragraph (1), the
      Administrator may issue a certificate under this chapter to a
      person described in paragraph (1) if issuance of the certificate
      will facilitate law enforcement efforts.

      (b) Revocation of Certificate. - 
        (1) In general. - Except as provided in subsections (f) and
      (g), the Administrator shall issue an order revoking a
      certificate issued under this chapter if the Administrator finds
      that the holder of the certificate or an individual who has a
      controlling or ownership interest in the holder - 
          (A) was convicted in a court of law of a violation of a law
        of the United States relating to the installation, production,
        repair, or sale of a counterfeit or fraudulently-represented
        aviation part or material; or
          (B) knowingly, and with the intent to defraud, carried out or
        facilitated an activity punishable under a law described in
        paragraph (1)(A).

        (2) No authority to review violation. - In carrying out
      paragraph (1), the Administrator may not review whether a person
      violated a law described in paragraph (1)(A).

      (c) Notice Requirement. - Before the Administrator revokes a
    certificate under subsection (b), the Administrator shall - 
        (1) advise the holder of the certificate of the reason for the
      revocation; and
        (2) provide the holder of the certificate an opportunity to be
      heard on why the certificate should not be revoked.

      (d) Appeal. - The provisions of section 44710(d) apply to the
    appeal of a revocation order under subsection (b). For the purpose
    of applying that section to the appeal, "person" shall be
    substituted for "individual" each place it appears.
      (e) Acquittal or Reversal. - 
        (1) In general. - The Administrator may not revoke, and the
      National Transportation Safety Board may not affirm a revocation
      of, a certificate under subsection (b)(1)(B) if the holder of the
      certificate or the individual referred to in subsection (b)(1) is
      acquitted of all charges directly related to the violation.
        (2) Reissuance. - The Administrator may reissue a certificate
      revoked under subsection (b) of this section to the former holder
      if - 
          (A) the former holder otherwise satisfies the requirements of
        this chapter for the certificate; and
          (B)(i) the former holder or the individual referred to in
        subsection (b)(1), is acquitted of all charges related to the
        violation on which the revocation was based; or
          (ii) the conviction of the former holder or such individual
        of the violation on which the revocation was based is reversed.

      (f) Waiver. - The Administrator may waive revocation of a
    certificate under subsection (b) if - 
        (1) a law enforcement official of the United States Government
      requests a waiver; and
        (2) the waiver will facilitate law enforcement efforts.

      (g) Amendment of Certificate. - If the holder of a certificate
    issued under this chapter is other than an individual and the
    Administrator finds that - 
        (1) an individual who had a controlling or ownership interest
      in the holder committed a violation of a law for the violation of
      which a certificate may be revoked under this section or
      knowingly, and with intent to defraud, carried out or facilitated
      an activity punishable under such a law; and
        (2) the holder satisfies the requirements for the certificate
      without regard to that individual,

    then the Administrator may amend the certificate to impose a
    limitation that the certificate will not be valid if that
    individual has a controlling or ownership interest in the holder. A
    decision by the Administrator under this subsection is not
    reviewable by the Board.

-SOURCE-
    (Added Pub. L. 106-181, title V, Sec. 505(a)(1), Apr. 5, 2000, 114
    Stat. 134; amended Pub. L. 108-176, title V, Sec. 501, Dec. 12,
    2003, 117 Stat. 2556.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a)(1). Pub. L. 108-176 struck out "or" at end of
    subpar. (A), added subpar. (B), and redesignated former subpar. (B)
    as (C) and substituted "described in subparagraph (A) or (B)" for
    "convicted of such a violation".

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment 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                          
      Section applicable only to fiscal years beginning after Sept. 30,
    1999, see section 3 of Pub. L. 106-181, set out as an Effective
    Date of 2000 Amendments note under section 106 of this title.

-End-



-CITE-
    49 USC Sec. 44727                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44727. Runway safety areas

-STATUTE-
      (a) Airports in Alaska. - An airport owner or operator in the
    State of Alaska shall not be required to reduce the length of a
    runway or declare the length of a runway to be less than the actual
    pavement length in order to meet standards of the Federal Aviation
    Administration applicable to runway safety areas.
      (b) Study. - 
        (1) In general. - The Secretary shall conduct a study of
      runways at airports in States other than Alaska to determine
      which airports are affected by standards of the Federal Aviation
      Administration applicable to runway safety areas and to assess
      how operations at those airports would be affected if the owner
      or operator of the airport is required to reduce the length of a
      runway or declare the length of a runway to be less than the
      actual pavement length in order to meet such standards.
        (2) Report. - Not later than 9 months after the date of
      enactment of this section, the Secretary shall transmit to the
      Committee on Commerce, Science, and Transportation of the Senate
      and the Committee on Transportation and Infrastructure of the
      House of Representatives a report containing the results of the
      study.

-SOURCE-
    (Added Pub. L. 108-176, title V, Sec. 502(a), Dec. 12, 2003, 117
    Stat. 2557.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this section, referred to in subsec.
    (b)(2), is the date of enactment of Pub. L. 108-176, which was
    approved Dec. 12, 2003.


-MISC1-
                              EFFECTIVE DATE                          
      Section 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 an Effective Date of 2003 Amendment
    note under section 106 of this title.

-End-



-CITE-
    49 USC Sec. 44728                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VII - AVIATION PROGRAMS
    PART A - AIR COMMERCE AND SAFETY
    subpart iii - safety
    CHAPTER 447 - SAFETY REGULATION

-HEAD-
    Sec. 44728. Flight attendant certification

-STATUTE-
      (a) Certificate Required. - 
        (1) In general. - No person may serve as a flight attendant
      aboard an aircraft of an air carrier unless that person holds a
      certificate of demonstrated proficiency from the Administrator of
      the Federal Aviation Administration. Upon the request of the
      Administrator or an authorized representative of the National
      Transportation Safety Board or another Federal agency, a person
      who holds such a certificate shall present the certificate for
      inspection within a reasonable period of time after the date of
      the request.
        (2) Special rule for current flight attendants. - An individual
      serving as a flight attendant on the effective date of this
      section may continue to serve aboard an aircraft as a flight
      attendant until completion by that individual of the required
      recurrent or requalification training and subsequent
      certification under this section.
        (3) Treatment of flight attendant after notification. - On the
      date that the Administrator is notified by an air carrier that an
      individual has the demonstrated proficiency to be a flight
      attendant, the individual shall be treated for purposes of this
      section as holding a certificate issued under the section.

      (b) Issuance of Certificate. - The Administrator shall issue a
    certificate of demonstrated proficiency under this section to an
    individual after the Administrator is notified by the air carrier
    that the individual has successfully completed all the training
    requirements for flight attendants approved by the Administrator.
      (c) Designation of Person To Determine Successful Completion of
    Training. - In accordance with part 183 of chapter 14, Code of
    Federal Regulation, the director of operations of an air carrier is
    designated to determine that an individual has successfully
    completed the training requirements approved by the Administrator
    for such individual to serve as a flight attendant.
      (d) Specifications Relating to Certificates. - Each certificate
    issued under this section shall - 
        (1) be numbered and recorded by the Administrator;
        (2) contain the name, address, and description of the
      individual to whom the certificate is issued;
        (3) is (!1) similar in size and appearance to certificates
      issued to airmen;

        (4) contain the airplane group for which the certificate is
      issued; and
        (5) be issued not later than 120 days after the Administrator
      receives notification from the air carrier of demonstrated
      proficiency and, in the case of an individual serving as flight
      attendant on the effective date of this section, not later than 1
      year after such effective date.

      (e) Approval of Training Programs. - Air carrier flight attendant
    training programs shall be subject to approval by the
    Administrator. All flight attendant training programs approved by
    the Administrator in the 1-year period ending on the date of
    enactment of this section shall be treated as providing a
    demonstrated proficiency for purposes of meeting the certification
    requirements of this section.
      (f) Flight Attendant Defined. - In this section, the term "flight
    attendant" means an individual working as a flight attendant in the
    cabin of an aircraft that has 20 or more seats and is being used by
    an air carrier to provide air transportation.

-SOURCE-
    (Added Pub. L. 108-176, title VIII, Sec. 814(a), Dec. 12, 2003, 117
    Stat. 2590.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For effective date of this section, referred to in subsecs.
    (a)(2) and (d)(5), see Effective Date note below.
      The date of enactment of this section, referred to in subsec.
    (e), is the date of enactment of Pub. L. 108-176, which was
    approved Dec. 12, 2003.


-MISC1-
                              EFFECTIVE DATE                          
      Pub. L. 108-176, title VIII, Sec. 814(c), Dec. 12, 2003, 117
    Stat. 2592, provided that: "The amendments made by subsections (a)
    and (b) [enacting this section and amending the analysis to this
    chapter] shall take effect on the 365th day following the date of
    enactment of this Act [Dec. 12, 2003]."

-FOOTNOTE-
    (!1) So in original. Probably should be "be".


-End-