H. R. 1758—440
(2) The Secretary shall reopen a flight service station closed
after March 24, 1987, but before July 15, 1987, as soon as prac-
ticable if the service in the area in which the station is located
has not been provided since the closing by an automatic flight
service station with at least model 1 equipment. The hours of
operation for the reopened station shall be the same as were the
hours of operation for the station on March 25, 1987. After reopen-
ing the station, the Secretary may close, or reduce the hours of
operation of, the station only as provided in paragraph (1) of this
subsection.
(b) MANNED AUXILIARY STATIONS.—The Secretary and the
Administrator of the Federal Aviation Administration shall estab-
lish a system of manned auxiliary flight service stations. The
manned auxiliary flight service stations shall supplement the serv-
ices of the planned consolidation to 61 automated flight service
stations under the flight service station modernization program.
A manned auxiliary flight service station shall be located in an
area of unique weather or operational conditions that are critical
to the safety of flight.
§ 44515. Advanced training facilities for maintenance techni-
cians for air carrier aircraft
(a) GENERAL AUTHORITY.—The Administrator of the Federal
Aviation Administration may make grants to not more than 4
vocational technical educational institutions to acquire or construct
facilities to be used for the advanced training of maintenance techni-
cians for air carrier aircraft.
(b) ELIGIBILITY.—The Administrator may make a grant under
this section to a vocational technical educational institution only
if the institution has a training curriculum that prepares aircraft
maintenance technicians who hold airframe and power plant certifi-
cates under subpart D of part 65 of title 14, Code of Federal
Regulations, to maintain, without direct supervision, air carrier
aircraft.
(c) LIMITATION.—A vocational technical educational institution
may not receive more than a total of $5,000,000 in grants under
this section.
CHAPTER 447—SAFETY REGULATION
Sec.
44701.
General requirements.
44702.
Issuance of certificates.
44703.
Airman certificates.
44704.
Type certificates, production certificates, and airworthiness 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 maps and charts.
H. R. 1758—441
44722.
Aircraft operations in winter conditions.
44723.
Annual report.
§ 44701. General requirements
(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, air-
craft 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, appli-
ances, 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 Adminis-
trator 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 Adminis-
trator 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 sub-
section (a) or (b) of this section or section 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) EXEMPTIONS.—The Administrator may grant an exemption
from a requirement of a regulation prescribed under subsection
(a) or (b) of this section or section 44702–44716 of this title if
the Administrator finds the exemption is in the public interest.
H. R. 1758—442
§ 44702. Issuance of certificates
(a) GENERAL AUTHORITY
AND APPLICATIONS.—The Adminis-
trator of the Federal Aviation Administration may issue airman
certificates, type certificates, production certificates, airworthiness
certificates, air carrier operating certificates, airport operating cer-
tificates, air agency certificates, and air navigation facility certifi-
cates 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 Adminis-
trator 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.
§ 44703. Airman certificates
(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 individ-
ual 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 dura-
H. R. 1758—443
tion 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) APPEALS.—(1) An individual whose application for the issu-
ance 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 Adminis-
trator 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.
(d) 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.
(e) 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 certifi-
cate will facilitate law enforcement efforts; and
(2) as provided in section 44710(e)(2) of this title.
(f) 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 pilots and officials responsible
for enforcing laws related to the regulation of controlled substances
(as defined in section 102 of the Comprehensive Drug Abuse Preven-
tion and Control Act of 1970 (21 U.S.C. 802)). 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.