538
(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 issuance or re-
newal of an airman certificate has been denied may appeal the denial to the
National Transportation Safety Board, except if the individual holds a cer-
tificate 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(B) was revoked within one year from the date of the denial.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 conven-
ient 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 Avia-
tion 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 Fed-
eral 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 ex-
cept—
(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.
(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 Com-
prehensive Drug Abuse Prevention 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 sys-
tem:
539
(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 hold-
ers of those certificates.
(2) The Administrator of the Federal Aviation Administration shall pre-
scribe 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 air-
craft, and other interested persons.
§ 44704. Type certificates, production certificates, and air-
worthiness certificates
(a) TYPE CERTIFICATES.—(1) 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 con-
duct a hearing. The Administrator shall make, or require the applicant to
make, tests the Administrator considers necessary in the interest of safety.
(2) 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.
(b) PRODUCTION CERTIFICATES.—The Administrator shall issue a pro-
duction certificate authorizing the production of a duplicate of an aircraft,
540
aircraft engine, propeller, or appliance for which a type certificate has been
issued when the Administrator finds the duplicate will conform to the cer-
tificate. On receiving an application, the Administrator shall inspect, and
may require testing of, a duplicate to ensure that it conforms to the require-
ments of the certificate. The Administrator may include in a production cer-
tificate terms required in the interest of safety.
(c) AIRWORTHINESS CERTIFICATES.—(1) The registered owner of an air-
craft 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 informa-
tion in the certificate. The certificate number or other individual designation
the Administrator requires shall be displayed on the aircraft. The Adminis-
trator may include in an airworthiness certificate terms required in the in-
terest of safety.
(2) A person applying for the issuance or renewal of an airworthiness cer-
tificate for an aircraft for which ownership has not been recorded under sec-
tion 44107 or 44110 of this title must submit with the application informa-
tion 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.
§ 44705. Air carrier operating certificates
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 car-
rier 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.
§ 44706. Airport operating certificates
(a) GENERAL.—The Administrator of the Federal Aviation Administra-
tion shall issue an airport operating certificate to a person desiring to oper-
ate an airport—
(1) that serves an air carrier operating aircraft designed for at least
31 passenger seats;
(2) that the Administrator requires to have a certificate; and
541
(3) 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.
(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 require-
ments are or would be unreasonably costly, burdensome, or impractical.
§ 44707. Examining and rating air agencies
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 air-
craft, 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.
§ 44708. Inspecting and rating air navigation facilities
The Administrator of the Federal Aviation Administration may inspect,
classify, and rate an air navigation facility available for the use of civil air-
craft on the suitability of the facility for that use.
§ 44709. Amendments, modifications, suspensions, and rev-
ocations of certificates
(a) REINSPECTION
AND REEXAMINATION.—The Administrator of the
Federal Aviation Administration may reinspect at any time a civil aircraft,
542
aircraft engine, propeller, appliance, 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 con-
victed 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 AN-
SWER.—Before acting under subsection (b) of this section, the Adminis-
trator shall advise the holder of the certificate of the charges or other rea-
sons 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 Admin-
istrator under this section may appeal the order to the National Transpor-
tation 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 sec-
tion, 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 sec-
tion—
(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.
543
(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 inter-
pretation is arbitrary, capricious, or otherwise not according to law.
(e) EFFECTIVENESS OF ORDERS PENDING APPEAL.—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 transpor-
tation 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.
(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 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 sup-
ported by substantial evidence
§ 44710. Revocations of airman certificates for controlled
substance violations
(a) DEFINITION.—In this section, ‘‘controlled substance’’ has the same
meaning given that term in section 102 of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 802).
(b) REVOCATION.—(1) The Administrator of the Federal Aviation Admin-
istration shall issue an order revoking an airman certificate issued an indi-
vidual 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 sub-
stance (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 of-
fense.
(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—
544
(A) the individual knowingly carried out an activity punishable,
under a law of the United States or a State related to a controlled sub-
stance (except a law related to simple possession of a controlled sub-
stance), 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 ac-
tivity.
(3) The Administrator has no authority under paragraph (1) of this sub-
section 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 Ad-
ministrator 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 adopt-
ed 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 sub-
section, the order of the Administrator revoking the certificate is stayed.
However, if the Administrator advises the Board that safety in air transpor-
tation 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
545
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 sec-
tion 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 certifi-
cate 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 sub-
section (b) of this section that an airman certificate of an individual be re-
voked 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 en-
forcement efforts.
§ 44711. Prohibitions and exemption
(a) PROHIBITIONS.—A person may not—
(1) operate a civil aircraft in air commerce without an airworthiness
certificate in effect or in violation of a term of the certificate;
(2) serve in any capacity as an airman with respect to a civil air-
craft, 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 pre-
scribed or order issued under section 44701(a) or (b) or 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 air-
man to serve in the capacity for which the airman is employed;
546
(4) operate as an air carrier without an air carrier operating certifi-
cate or in violation of a term of the certificate;
(5) operate aircraft in air commerce in violation of a regulation pre-
scribed or certificate issued under section 44701(a) or (b) or 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 Inter-
national Navigational Rules Act of 1977 (33 U.S.C. 1602);
(7) violate a term of an air agency or production certificate or a reg-
ulation prescribed or order issued under section 44701(a) or (b) or
44702–44716 of this title related to the holder of the certificate;
(8) operate an airport without an airport operating certificate re-
quired 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 sub-
section (a) of this section. However, an exemption from observing air traffic
regulations may not be granted.
§ 44712. Emergency locator transmitters
(a) INSTALLATION.—An emergency locator transmitter must be installed
on a fixed-wing powered civil aircraft for use in air commerce.
(b) NONAPPLICATION.—Subsection (a) of this section 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 with-
in a 50 mile radius of the airport from which the training operations
begin;
(4) aircraft when used in flight operations related to design and test-
ing, 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 Fed-
eral 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.
547
(c) REMOVAL.—The Administrator shall prescribe regulations specifying
the conditions under which an aircraft subject to subsection (a) of this sec-
tion may operate when its emergency locator transmitter has been removed
for inspection, repair, alteration, or replacement.
§ 44713. Inspection and maintenance
(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 Administra-
tion under this part. A person operating, inspecting, repairing, or maintain-
ing 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 de-
signed 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 appli-
ances 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 ap-
pliance 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 Fed-
eral Aviation Administration. For 5 days after the carrier is notified, the
aircraft, engine, propeller, or appliance may not be used in air transpor-
tation or in a way that endangers air transportation unless the Adminis-
trator 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 process-
ing 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, in-
cluding 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 modifica-
tions shall address at least each of the following deficiencies in, and abuses
of, the existing system:
548
(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 informa-
tion contained on the forms.
(2) The Administrator of the Federal Aviation Administration shall pre-
scribe 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 air-
craft, and other interested persons.
§ 44714. Aviation fuel standards
The Administrator of the Federal Aviation Administration shall pre-
scribe—
(1) standards for the composition or chemical or physical properties
of an aircraft fuel or fuel additive to control or eliminate aircraft emis-
sions the Administrator of the Environmental Protection Agency de-
cides under section 231 of the Clean Air Act (42 U.S.C. 7571) endan-
ger the public health or welfare; and
(2) regulations providing for carrying out and enforcing those stand-
ards.
§ 44715. Controlling aircraft noise and sonic boom
(a) STANDARDS AND REGULATIONS.—(1) To relieve and protect the pub-
lic 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.
(2) The Administrator of the Federal Aviation Administration may pre-
scribe standards and regulations under this subsection only after consulting
with the Administrator of the Environmental Protection Agency. The stand-
ards 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 Administra-
549
tion prescribes standards and regulations under this section that apply to
that aircraft.
(b) CONSIDERATIONS AND CONSULTATION.—When prescribing a stand-
ard or regulation under this section, the Administrator of the Federal Avia-
tion Administration shall—
(1) consider relevant information related to aircraft noise and sonic
boom;
(2) consult with appropriate departments, agencies, and instrumen-
talities of the United States Government and State and interstate au-
thorities;
(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 rea-
sonable, 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 Adminis-
tration 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 Admin-
istrator of the Environmental Protection Agency considers necessary to pro-
tect the public health and welfare. The Administrator of the Federal Avia-
tion Administration shall consider those proposed regulations and shall pub-
lish them in a notice of proposed regulations not later than 30 days after
they are received. Not later than 60 days after publication, the Adminis-
trator of the Federal Aviation Administration shall begin a hearing at which
interested persons are given an opportunity for oral and written presen-
tations. Not later than 90 days after the hearing is completed and after con-
sulting 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 submit-
ted by the Administrator of the Environmental Protection Agency;
or
(B) that amend the proposed regulations; or
(2) publish in the Federal Register—
550
(A) a notice that no regulation is being prescribed in response
to the proposed regulations of the Administrator of the Environ-
mental 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 pre-
scribed.
(d) CONSULTATION AND REPORTS.—(1) If the Administrator of the Envi-
ronmental 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 re-
port 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 Environ-
mental 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 Adminis-
tration 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
551
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 environ-
mental effects, including those that cannot be avoided, of the action of the
Administrator of the Federal Aviation Administration and the proposed reg-
ulations of the Administrator of the Environmental Protection Agency.
(f) EXEMPTIONS.—An exemption from a standard or regulation pre-
scribed under this section may be granted only if, before granting the ex-
emption, 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 safe-
ty 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.
§ 44716. Collision avoidance systems
(a) DEVELOPMENT AND CERTIFICATION.—The Administrator of the Fed-
eral 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 in-
strument flight rules and can be upgraded to the performance stand-
ards 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 op-
erated on each civil aircraft that has a maximum passenger capacity of at
least 31 seats and is used to provide air transportation of passengers, in-
cluding intrastate air transportation of passengers. The Administrator may
extend the deadline in this subsection for not more than 2 years if the Ad-
ministrator 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
552
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 Adminis-
trator shall consider the feasibility and desirability of amending the schedule
for installing airborne low-altitude windshear equipment to make the sched-
ule compatible with the schedule for installing TCAS–II.
(e) DEADLINE FOR DEVELOPMENT AND CERTIFICATION.—(1) The Ad-
ministrator 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, op-
erating transponders with automatic altitude reporting capability be in-
stalled 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 air-
port radar service areas) by nonequipped aircraft if the Administrator finds
the access will not interfere with the normal traffic flow.
§ 44717. Aging aircraft
(a) INSPECTIONS
AND REVIEWS.—The Administrator of the Federal
Aviation Administration shall prescribe regulations that ensure the continu-
ing airworthiness of aging aircraft. The regulations prescribed under sub-
section (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 car-
rier 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 Admin-
istrator, 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 Adminis-
trator the aircraft and any records about the aircraft that the Adminis-
trator requires to carry out a review; and
553
(4) shall establish procedures to be followed in carrying out an in-
spection.
(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 air-
craft according to maintenance programs approved by the Adminis-
trator;
(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 Admin-
istrator their commitment and technical competence to ensure the air-
worthiness 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 in-
spections 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.
§ 44718. Structures interfering with air commerce
(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, estab-
554
lishment, 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 con-
duct an aeronautical study to decide the extent of any adverse impact on
the safe and efficient use of the airspace, facilities, or equipment. In con-
ducting the study, the Secretary shall consider factors relevant to the effi-
cient 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 facili-
ties;
(D) the impact on planned public-use airports and aeronautical fa-
cilities; 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 construct-
ing 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 ac-
tion necessary to coordinate efficiently—
(1) the receipt and consideration of, and action on, the application;
and
(2) the completion of any associated aeronautical study.
§ 44719. Standards for navigational aids
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), ter-
555
rain and other obstacles to navigation, weather characteristics, passengers
served, and potential aircraft operating efficiencies.
§ 44720. Meteorological services
(a) RECOMMENDATIONS.—The Administrator of the Federal Aviation Ad-
ministration shall make recommendations to the Secretary of Commerce on
providing meteorological services necessary for the safe and efficient move-
ment 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 effi-
ciency 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 per-
sons 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 meteorologi-
cal 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 meteorologi-
cal information required for the safety and efficiency of air navigation;
(5) in cooperation with other departments, agencies, and instrumen-
talities of the United States Government, meteorological services of for-
eign countries, and persons engaged in air commerce, participate in de-
veloping an international basic meteorological reporting network, in-
cluding the establishment, operation, and maintenance of reporting sta-
tions 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 pro-
mote the safety and efficiency of air navigation; and
(7) promote and develop meteorological science and foster and sup-
port 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.
556
§ 44721. Aeronautical maps and charts
(a) PUBLICATION.—(1) The Administrator of the Federal Aviation Ad-
ministration may arrange for the publication of aeronautical maps and
charts necessary for the safe and efficient movement of aircraft in air navi-
gation, using the facilities and assistance of departments, agencies, and in-
strumentalities 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 in-
demnify 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.
§ 44722. Aircraft operations in winter conditions
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 modi-
fications, 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.
§ 44723. Annual report
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 end-
ing the prior September 30th. The report shall include—
(1) a comparison of end-of-year staffing levels by operations, mainte-
nance, and avionics inspector categories to staffing goals and a state-
ment on how staffing standards were applied to make allocations be-
tween air carrier and general aviation operations, maintenance, and
avionics inspectors;
557
(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 in-
spections, an explanation of why annual work program plans were not
met;
(6) a statement of the adequacy of Administration internal manage-
ment controls available to ensure that field managers comply with Ad-
ministration policies and procedures, including those on inspector prior-
ities, district office coordination, minimum inspection standards, and
inspection followup;
(7) the status of efforts made by the Administration to update in-
spector guidance documents and regulations to include technological,
management, and structural changes taking place in the aviation indus-
try, including a listing of the backlog of all proposed regulatory amend-
ments;
(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 dur-
ing the 2 prior fiscal years, including the total initial and final pen-
alties 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
558
(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 car-
rier and general aviation compliance with aviation regulations.
CHAPTER 449—SECURITY
SUBCHAPTER I—REQUIREMENTS
Sec.
44901.
Screening passengers and property.
44902.
Refusal to transport passengers and property.
44903.
Air transportation security.
44904.
Domestic air transportation system security.
44905.
Information about threats to civil aviation.
44906.
Foreign air carrier security programs.
44907.
Security standards at foreign airports.
44908.
Travel advisory and suspension of foreign assistance.
44909.
Passenger manifests.
44910.
Agreements on aircraft sabotage, aircraft hijacking, and airport security.
44911.
Intelligence.
44912.
Research and development.
44913.
Explosive detection.
44914.
Airport construction guidelines.
44915.
Exemptions.
SUBCHAPTER II—ADMINISTRATION AND PERSONNEL
44931.
Director of Intelligence and Security.
44932.
Assistant Administrator for Civil Aviation Security.
44933.
Federal Security Managers.
44934.
Foreign Security Liaison Officers.
44935.
Employment standards and training.
44936.
Employment investigations and restrictions.
44937.
Prohibition on transferring duties and powers.
44938.
Reports.
SUBCHAPTER I—REQUIREMENTS
§ 44901. Screening passengers and property
(a) GENERAL REQUIREMENTS.—The Administrator of the Federal Avia-
tion Administration shall prescribe regulations requiring screening of all
passengers and property that will be carried in a cabin of an aircraft in air
transportation or intrastate air transportation. The screening must take
place before boarding and be carried out by a weapon-detecting facility or
procedure used or operated by an employee or agent of an air carrier, intra-
state air carrier, or foreign air carrier.
(b) AMENDING REGULATIONS.—Notwithstanding subsection (a) of this
section, the Administrator may amend a regulation prescribed under sub-
section (a) to require screening only to ensure security against criminal vio-
lence and aircraft piracy in air transportation and intrastate air transpor-
tation.
559
(c) EXEMPTIONS AND ADVISING CONGRESS ON REGULATIONS.—The Ad-
ministrator—
(1) may exempt from this section air transportation operations, ex-
cept scheduled passenger operations of an air carrier providing air
transportation under a certificate issued under section 41102 of this
title or a permit issued under section 41302 of this title; and
(2) shall advise Congress of a regulation to be prescribed under this
section at least 30 days before the effective date of the regulation, un-
less the Administrator decides an emergency exists requiring the regu-
lation to become effective in fewer than 30 days and notifies Congress
of that decision.
§ 44902. Refusal to transport passengers and property
(a) MANDATORY REFUSAL.—The Administrator of the Federal Aviation
Administration shall prescribe regulations requiring an air carrier, intra-
state air carrier, or foreign air carrier to refuse to transport—
(1) a passenger who does not consent to a search under section
44901(a) of this title establishing whether the passenger is carrying
unlawfully a dangerous weapon, explosive, or other destructive sub-
stance; or
(2) property of a passenger who does not consent to a search of the
property establishing whether the property unlawfully contains a dan-
gerous weapon, explosive, or other destructive substance.
(b) PERMISSIVE REFUSAL.—Subject to regulations of the Administrator,
an air carrier, intrastate air carrier, or foreign air carrier may refuse to
transport a passenger or property the carrier decides is, or might be, inimi-
cal to safety.
(c) AGREEING TO CONSENT TO SEARCH.—An agreement to carry pas-
sengers or property in air transportation or intrastate air transportation by
an air carrier, intrastate air carrier, or foreign air carrier is deemed to in-
clude an agreement that the passenger or property will not be carried if con-
sent to search the passenger or property for a purpose referred to in this
section is not given.
§ 44903. Air transportation security
(a) DEFINITION.—In this section, ‘‘law enforcement personnel’’ means in-
dividuals—
(1) authorized to carry and use firearms;
(2) vested with the degree of the police power of arrest the Adminis-
trator of the Federal Aviation Administration considers necessary to
carry out this section; and
(3) identifiable by appropriate indicia of authority.
560
(b) PROTECTION AGAINST VIOLENCE AND PIRACY.—The Administrator
shall prescribe regulations to protect passengers and property on an aircraft
operating in air transportation or intrastate air transportation against an
act of criminal violence or aircraft piracy. When prescribing a regulation
under this subsection, the Administrator shall—
(1) consult with the Secretary of Transportation, the Attorney Gen-
eral, the heads of other departments, agencies, and instrumentalities of
the United States Government, and State and local authorities;
(2) consider whether a proposed regulation is consistent with—
(A) protecting passengers; and
(B) the public interest in promoting air transportation and
intrastate air transportation;
(3) to the maximum extent practicable, require a uniform procedure
for searching and detaining passengers and property to ensure—
(A) their safety; and
(B) courteous and efficient treatment by an air carrier, an
agent or employee of an air carrier, and Government, State, and
local law enforcement personnel carrying out this section; and
(4) consider the extent to which a proposed regulation will carry out
this section.
(c) SECURITY PROGRAMS.—(1) The Administrator shall prescribe regula-
tions under subsection (b) of this section that require each operator of an
airport regularly serving an air carrier holding a certificate issued by the
Secretary of Transportation to establish an air transportation security pro-
gram that provides a law enforcement presence and capability at each of
those airports that is adequate to ensure the safety of passengers. The regu-
lations shall authorize the operator to use the services of qualified State,
local, and private law enforcement personnel. When the Administrator de-
cides, after being notified by an operator in the form the Administrator pre-
scribes, that not enough qualified State, local, and private law enforcement
personnel are available to carry out subsection (b), the Administrator may
authorize the operator to use, on a reimbursable basis, personnel employed
by the Administrator, or by another department, agency, or instrumentality
of the Government with the consent of the head of the department, agency,
or instrumentality, to supplement State, local, and private law enforcement
personnel. When deciding whether additional personnel are needed, the Ad-
ministrator shall consider the number of passengers boarded at the airport,
the extent of anticipated risk of criminal violence or aircraft piracy at the
airport or to the air carrier aircraft operations at the airport, and the avail-
ability of qualified State or local law enforcement personnel at the airport.
561
(2)(A) The Administrator may approve a security program of an airport
operator, or an amendment in an existing program, that incorporates a se-
curity program of an airport tenant (except an air carrier separately com-
plying with part 108 or 129 of title 14, Code of Federal Regulations) having
access to a secured area of the airport, if the program or amendment incor-
porates—
(i) the measures the tenant will use, within the tenant’s leased areas
or areas designated for the tenant’s exclusive use under an agreement
with the airport operator, to carry out the security requirements im-
posed by the Administrator on the airport operator under the access
control system requirements of section 107.14 of title 14, Code of Fed-
eral Regulations, or under other requirements of part 107 of title 14;
and
(ii) the methods the airport operator will use to monitor and audit
the tenant’s compliance with the security requirements and provides
that the tenant will be required to pay monetary penalties to the air-
port operator if the tenant fails to carry out a security requirement
under a contractual provision or requirement imposed by the airport
operator.
(B) If the Administrator approves a program or amendment described in
subparagraph (A) of this paragraph, the airport operator may not be found
to be in violation of a requirement of this subsection or subsection (b) of
this section when the airport operator demonstrates that the tenant or an
employee, permittee, or invitee of the tenant is responsible for the violation
and that the airport operator has complied with all measures in its security
program for securing compliance with its security program by the tenant.
(d) AUTHORIZING INDIVIDUALS TO CARRY FIREARMS AND MAKE AR-
RESTS.—With the approval of the Attorney General and the Secretary of
State, the Secretary of Transportation may authorize an individual who car-
ries out air transportation security duties—
(1) to carry firearms; and
(2) to make arrests without warrant for an offense against the Unit-
ed States committed in the presence of the individual or for a felony
under the laws of the United States, if the individual reasonably be-
lieves the individual to be arrested has committed or is committing a
felony.
(e) EXCLUSIVE RESPONSIBILITY OVER PASSENGER SAFETY.—The Ad-
ministrator has the exclusive responsibility to direct law enforcement activity
related to the safety of passengers on an aircraft involved in an offense
under section 46502 of this title from the moment all external doors of the
aircraft are closed following boarding until those doors are opened to allow
562
passengers to leave the aircraft. When requested by the Administrator,
other departments, agencies, and instrumentalities of the Government shall
provide assistance necessary to carry out this subsection.
§ 44904. Domestic air transportation system security
(a) ASSESSING THREATS.—The Administrator of the Federal Aviation
Administration and the Director of the Federal Bureau of Investigation
jointly shall assess current and potential threats to the domestic air trans-
portation system. The assessment shall include consideration of the extent
to which there are individuals with the capability and intent to carry out
terrorist or related unlawful acts against that system and the ways in which
those individuals might carry out those acts. The Administrator and the Di-
rector jointly shall decide on and carry out the most effective method for
continuous analysis and monitoring of security threats to that system.
(b) ASSESSING SECURITY.—In coordination with the Director, the Ad-
ministrator shall carry out periodic threat and vulnerability assessments on
security at each airport that is part of the domestic air transportation sys-
tem. Each assessment shall include consideration of—
(1) the adequacy of security procedures related to the handling and
transportation of checked baggage and cargo;
(2) space requirements for security personnel and equipment;
(3) separation of screened and unscreened passengers, baggage, and
cargo;
(4) separation of the controlled and uncontrolled areas of airport fa-
cilities; and
(5) coordination of the activities of security personnel of the Admin-
istration, the United States Customs Service, the Immigration and
Naturalization Service, and air carriers, and of other law enforcement
personnel.
(c) IMPROVING SECURITY.—The Administrator shall take necessary ac-
tions to improve domestic air transportation security by correcting any defi-
ciencies in that security discovered in the assessments, analyses, and mon-
itoring carried out under this section.
§ 44905. Information about threats to civil aviation
(a) PROVIDING INFORMATION.—Under guidelines the Secretary of Trans-
portation prescribes, an air carrier, airport operator, ticket agent, or indi-
vidual employed by an air carrier, airport operator, or ticket agent, receiving
information (except a communication directed by the United States Govern-
ment) about a threat to civil aviation shall provide the information promptly
to the Secretary.
(b) FLIGHT CANCELLATION.—If a decision is made that a particular
threat cannot be addressed in a way adequate to ensure, to the extent fea-
563
sible, the safety of passengers and crew of a particular flight or series of
flights, the Administrator of the Federal Aviation Administration shall can-
cel the flight or series of flights.
(c) GUIDELINES ON PUBLIC NOTICE.—(1) The President shall develop
guidelines for ensuring that public notice is provided in appropriate cases
about threats to civil aviation. The guidelines shall identify officials respon-
sible for—
(A) deciding, on a case-by-case basis, if public notice of a threat is
in the best interest of the United States and the traveling public;
(B) ensuring that public notice is provided in a timely and effective
way, including the use of a toll-free telephone number; and
(C) canceling the departure of a flight or series of flights under sub-
section (b) of this section.
(2) The guidelines shall provide for consideration of—
(A) the specificity of the threat;
(B) the credibility of intelligence information related to the threat;
(C) the ability to counter the threat effectively;
(D) the protection of intelligence information sources and methods;
(E) cancellation, by an air carrier or the Administrator, of a flight
or series of flights instead of public notice;
(F) the ability of passengers and crew to take steps to reduce the
risk to their safety after receiving public notice of a threat; and
(G) other factors the Administrator considers appropriate.
(d) GUIDELINES ON NOTICE TO CREWS.—The Administrator shall de-
velop guidelines for ensuring that notice in appropriate cases of threats to
the security of an air carrier flight is provided to the flight crew and cabin
crew of that flight.
(e) LIMITATION ON NOTICE TO SELECTIVE TRAVELERS.—Notice of a
threat to civil aviation may be provided to selective potential travelers only
if the threat applies only to those travelers.
(f) RESTRICTING ACCESS TO INFORMATION.—In cooperation with the de-
partments, agencies, and instrumentalities of the Government that collect,
receive, and analyze intelligence information related to aviation security, the
Administrator shall develop procedures to minimize the number of individ-
uals who have access to information about threats. However, a restriction
on access to that information may be imposed only if the restriction does
not diminish the ability of the Government to carry out its duties and pow-
ers related to aviation security effectively, including providing notice to the
public and flight and cabin crews under this section.
(g) DISTRIBUTION OF GUIDELINES.—The guidelines developed under this
section shall be distributed for use by appropriate officials of the Depart-
564
ment of Transportation, the Department of State, the Department of
Justice, and air carriers.
§ 44906. Foreign air carrier security programs
The Administrator of the Federal Aviation Administration shall continue
in effect the requirement of section 129.25 of title 14, Code of Federal Reg-
ulations, that a foreign air carrier must adopt and use a security program
approved by the Administrator. The Administrator may approve a security
program of a foreign air carrier under section 129.25 only if the Adminis-
trator decides the security program provides passengers of the foreign air
carrier a level of protection similar to the level those passengers would re-
ceive under the security programs of air carriers serving the same airport.
The Administrator shall require a foreign air carrier to use procedures
equivalent to those required of air carriers serving the same airport if the
Administrator decides that the procedures are necessary to provide a level
of protection similar to that provided passengers of the air carriers serving
the same airport. The Administrator shall prescribe regulations to carry out
this section.
§ 44907. Security standards at foreign airports
(a) ASSESSMENT.—(1) At intervals the Secretary of Transportation con-
siders necessary, the Secretary shall assess the effectiveness of the security
measures maintained at—
(A) a foreign airport—
(i) served by an air carrier;
(ii) from which a foreign air carrier serves the United States;
or
(iii) that poses a high risk of introducing danger to inter-
national air travel; and
(B) other foreign airports the Secretary considers appropriate.
(2) The Secretary of Transportation shall conduct an assessment under
paragraph (1) of this subsection—
(A) in consultation with appropriate aeronautic authorities of the
government of a foreign country concerned and each air carrier serving
the foreign airport for which the Secretary is conducting the assess-
ment;
(B) to establish the extent to which a foreign airport effectively
maintains and carries out security measures; and
(C) by using a standard that will result in an analysis of the security
measures at the airport based at least on the standards and appro-
priate recommended practices contained in Annex 17 to the Convention
on International Civil Aviation in effect on the date of the assessment.
565
(3) Each report to Congress required under section 44938(b) of this title
shall contain a summary of the assessments conducted under this sub-
section.
(b) CONSULTATION.—In carrying out subsection (a) of this section, the
Secretary of Transportation shall consult with the Secretary of State—
(1) on the terrorist threat that exists in each country; and
(2) to establish which foreign airports are not under the de facto
control of the government of the foreign country in which they are lo-
cated and pose a high risk of introducing danger to international air
travel.
(c) NOTIFYING FOREIGN AUTHORITIES.—When the Secretary of Trans-
portation, after conducting an assessment under subsection (a) of this sec-
tion, decides that an airport does not maintain and carry out effective secu-
rity measures, the Secretary of Transportation, after advising the Secretary
of State, shall notify the appropriate authorities of the government of the
foreign country of the decision and recommend the steps necessary to bring
the security measures in use at the airport up to the standard used by the
Secretary of Transportation in making the assessment.
(d) ACTIONS WHEN AIRPORTS NOT MAINTAINING AND CARRYING OUT
EFFECTIVE SECURITY MEASURES.—(1) When the Secretary of Transpor-
tation decides under this section that an airport does not maintain and
carry out effective security measures—
(A) the Secretary of Transportation shall—
(i) publish the identity of the airport in the Federal Register;
(ii) have the identity of the airport posted and displayed promi-
nently at all United States airports at which scheduled air carrier
operations are provided regularly; and
(iii) notify the news media of the identity of the airport;
(B) each air carrier and foreign air carrier providing transportation
between the United States and the airport shall provide written notice
of the decision, on or with the ticket, to each passenger buying a ticket
for transportation between the United States and the airport;
(C) notwithstanding section 40105(b) of this title, the Secretary of
Transportation, after consulting with the appropriate aeronautic au-
thorities of the foreign country concerned and each air carrier serving
the airport and with the approval of the Secretary of State, may with-
hold, revoke, or prescribe conditions on the operating authority of an
air carrier or foreign air carrier that uses that airport to provide
foreign air transportation; and
(D) the President may prohibit an air carrier or foreign air carrier
from providing transportation between the United States and any other
566
foreign airport that is served by aircraft flying to or from the airport
with respect to which a decision is made under this section.
(2)(A) Paragraph (1) of this subsection becomes effective—
(i) 90 days after the government of a foreign country is notified
under subsection (c) of this section if the Secretary of Transportation
finds that the government has not brought the security measures at the
airport up to the standard the Secretary used in making an assessment
under subsection (a) of this section; or
(ii) immediately on the decision of the Secretary of Transportation
under subsection (c) of this section if the Secretary of Transportation
decides, after consulting with the Secretary of State, that a condition
exists that threatens the safety or security of passengers, aircraft, or
crew traveling to or from the airport.
(B) The Secretary of Transportation immediately shall notify the Sec-
retary of State of a decision under subparagraph (A)(ii) of this paragraph
so that the Secretary of State may issue a travel advisory required under
section 44908(a) of this title.
(3) The Secretary of Transportation promptly shall submit to Congress
a report (and classified annex if necessary) on action taken under paragraph
(1) or (2) of this subsection, including information on attempts made to ob-
tain the cooperation of the government of a foreign country in meeting the
standard the Secretary used in assessing the airport under subsection (a)
of this section.
(4) An action required under paragraph (1)(A) and (B) of this subsection
is no longer required only if the Secretary of Transportation, in consultation
with the Secretary of State, decides that effective security measures are
maintained and carried out at the airport. The Secretary of Transportation
shall notify Congress when the action is no longer required to be taken.
(e) SUSPENSIONS.—Notwithstanding sections 40105(b) and 40106(b) of
this title, the Secretary of Transportation, with the approval of the Sec-
retary of State and without notice or a hearing, shall suspend the right of
an air carrier or foreign air carrier to provide foreign air transportation,
and the right of a person to operate aircraft in foreign air commerce, to
or from a foreign airport when the Secretary of Transportation decides
that—
(1) a condition exists that threatens the safety or security of pas-
sengers, aircraft, or crew traveling to or from that airport; and
(2) the public interest requires an immediate suspension of transpor-
tation between the United States and that airport.
567
(f) CONDITION OF CARRIER AUTHORITY.—This section is a condition to
authority the Secretary of Transportation grants under this part to an air
carrier or foreign air carrier.
§ 44908. Travel advisory and suspension of foreign assist-
ance
(a) TRAVEL ADVISORIES.—On being notified by the Secretary of Trans-
portation that the Secretary of Transportation has decided under section
44907(d)(2)(A)(ii) of this title that a condition exists that threatens the
safety or security of passengers, aircraft, or crew traveling to or from a for-
eign airport that the Secretary of Transportation has decided under section
44907 of this title does not maintain and carry out effective security meas-
ures, the Secretary of State—
(1) immediately shall issue a travel advisory for that airport;
(2) shall publish the advisory in the Federal Register; and
(3) shall publicize the advisory widely.
(b) SUSPENDING ASSISTANCE.—The President shall suspend assistance
provided under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
or the Arms Export Control Act (22 U.S.C. 2751 et seq.) to a country in
which is located an airport with respect to which section 44907(d)(1) of this
title becomes effective if the Secretary of State decides the country is a high
terrorist threat country. The President may waive this subsection if the
President decides, and reports to Congress, that the waiver is required be-
cause of national security interests or a humanitarian emergency.
(c) ACTIONS NO LONGER REQUIRED.—An action required under this sec-
tion is no longer required only if the Secretary of Transportation has made
a decision as provided under section 44907(d)(4) of this title. The Secretary
shall notify Congress when the action is no longer required to be taken.
§ 44909. Passenger manifests
(a) AIR CARRIER REQUIREMENTS.—(1) Not later than March 16, 1991,
the Secretary of Transportation shall require each air carrier to provide a
passenger manifest for a flight to an appropriate representative of the Sec-
retary of State—
(A) not later than one hour after that carrier is notified of an avia-
tion disaster outside the United States involving that flight; or
(B) if it is not technologically feasible or reasonable to comply with
clause (A) of this paragraph, then as expeditiously as possible, but not
later than 3 hours after the carrier is so notified.
(2) The passenger manifest shall include the following information:
(A) the full name of each passenger.
(B) the passport number of each passenger, if required for travel.
(C) the name and telephone number of a contact for each passenger.
568
(3) In carrying out this subsection, the Secretary of Transportation shall
consider the necessity and feasibility of requiring air carriers to collect pas-
senger manifest information as a condition for passengers boarding a flight
of the carrier.
(b) FOREIGN AIR CARRIER REQUIREMENTS.—The Secretary of Transpor-
tation shall consider imposing a requirement on foreign air carriers com-
parable to that imposed on air carriers under subsection (a) (1) and (2) of
this section.
§ 44910. Agreements on aircraft sabotage, aircraft hijacking,
and airport security
The Secretary of State shall seek multilateral and bilateral agreement on
strengthening enforcement measures and standards for compliance related
to aircraft sabotage, aircraft hijacking, and airport security.
§ 44911. Intelligence
(a) DEFINITION.—In this section, ‘‘intelligence community’’ means the in-
telligence and intelligence-related activities of the following units of the
United States Government:
(1) the Department of State.
(2) the Department of Defense.
(3) the Department of the Treasury.
(4) the Department of Energy.
(5) the Departments of the Army, Navy, and Air Force.
(6) the Central Intelligence Agency.
(7) the National Security Agency.
(8) the Defense Intelligence Agency.
(9) the Federal Bureau of Investigation.
(10) the Drug Enforcement Administration.
(b) POLICIES AND PROCEDURES ON REPORT AVAILABILITY.—The head
of each unit in the intelligence community shall prescribe policies and proce-
dures to ensure that intelligence reports about international terrorism are
made available, as appropriate, to the heads of other units in the intel-
ligence community, the Secretary of Transportation, and the Administrator
of the Federal Aviation Administration.
(c) UNIT FOR STRATEGIC PLANNING ON TERRORISM.—The heads of the
units in the intelligence community shall consider placing greater emphasis
on strategic intelligence efforts by establishing a unit for strategic planning
on terrorism.
(d) DESIGNATION OF INTELLIGENCE OFFICER.—At the request of the
Secretary, the Director of Central Intelligence shall designate at least one
intelligence officer of the Central Intelligence Agency to serve in a senior
position in the Office of the Secretary.
569
(e) WRITTEN WORKING AGREEMENTS.—The heads of units in the intel-
ligence community, the Secretary, and the Administrator shall review and,
as appropriate, revise written working agreements between the intelligence
community and the Administrator.
§ 44912. Research and development
(a) PROGRAM REQUIREMENT.—(1) The Administrator of the Federal
Aviation Administration shall establish and carry out a program to acceler-
ate and expand the research, development, and implementation of tech-
nologies and procedures to counteract terrorist acts against civil aviation.
The program shall provide for developing and having in place, not later than
November 16, 1993, new equipment and procedures necessary to meet the
technological challenges presented by terrorism. The program shall include
research on, and development of, technological improvements and ways to
enhance human performance.
(2) In designing and carrying out the program established under this sub-
section, the Administrator shall—
(A) consult and coordinate activities with other departments, agen-
cies, and instrumentalities of the United States Government doing
similar research;
(B) identify departments, agencies, and instrumentalities that would
benefit from that research; and
(C) seek cost-sharing agreements with those departments, agencies,
and instrumentalities.
(3) In carrying out the program established under this subsection, the
Administrator shall review and consider the annual reports the Secretary of
Transportation submits to Congress on transportation security and intel-
ligence.
(4) The Administrator may—
(A) make grants to institutions of higher learning and other appro-
priate research facilities with demonstrated ability to carry out research
described in paragraph (1) of this subsection, and fix the amounts and
terms of the grants; and
(B) make cooperative agreements with governmental authorities the
Administrator decides are appropriate.
(b) REVIEW OF THREATS.—(1) The Administrator shall complete an in-
tensive review of threats to civil aviation, with particular focus on—
(A) explosive material that presents the most significant threat to
civil aircraft;
(B) the minimum amounts, configurations, and types of explosive
material that can cause, or would reasonably be expected to cause, cat-
570
astrophic damage to commercial aircraft in service and expected to be
in service in the 10-year period beginning on November, 16, 1990;
(C) the amounts, configurations, and types of explosive material that
can be detected reliably by existing, or reasonably anticipated, near-
term explosive detection technologies;
(D) the feasibility of using various ways to minimize damage caused
by explosive material that cannot be detected reliably by existing, or
reasonably anticipated, near-term explosive detection technologies;
(E) the ability to screen passengers, carry-on baggage, checked bag-
gage, and cargo; and
(F) the technologies that might be used in the future to attempt to
destroy or otherwise threaten commercial aircraft and the way in which
those technologies can be countered effectively.
(2) The Administrator shall use the results of the review under this sub-
section to develop the focus and priorities of the program established under
subsection (a) of this section.
(c) SCIENTIFIC ADVISORY PANEL.—The Administrator shall establish a
scientific advisory panel, as a subcommittee of the Research, Engineering
and Development Advisory Committee, to review, comment on, advise on the
progress of, and recommend modifications in, the program established under
subsection (a) of this section, including the need for long-range research
programs to detect and prevent catastrophic damage to commercial aircraft
by the next generation of terrorist weapons. The panel shall consist of indi-
viduals with scientific and technical expertise in—
(1) the development and testing of effective explosive detection sys-
tems;
(2) aircraft structure and experimentation to decide on the type and
minimum weights of explosives that an effective technology must be ca-
pable of detecting;
(3) technologies involved in minimizing airframe damage to aircraft
from explosives; and
(4) other scientific and technical areas the Administrator considers
appropriate.
§ 44913. Explosive detection
(a) DEPLOYMENT AND PURCHASE OF EQUIPMENT.—(1) A deployment or
purchase of explosive detection equipment under section 108.7(b)(8) or
108.20 of title 14, Code of Federal Regulations, or similar regulation is re-
quired only if the Administrator of the Federal Aviation Administration cer-
tifies that the equipment alone, or as part of an integrated system, can de-
tect under realistic air carrier operating conditions the amounts, configura-
tions, and types of explosive material that would likely be used to cause cat-
571
astrophic damage to commercial aircraft. The Administrator shall base the
certification on the results of tests conducted under protocols developed in
consultation with expert scientists outside of the Administration. Those tests
shall be completed not later than April 16, 1992.
(2) Before completion of the tests described in paragraph (1) of this sub-
section, but not later than April 16, 1992, the Administrator may require
deployment of explosive detection equipment described in paragraph (1) if
the Administrator decides that deployment will enhance aviation security
significantly. In making that decision, the Administrator shall consider fac-
tors such as the ability of the equipment alone, or as part of an integrated
system, to detect under realistic air carrier operating conditions the
amounts, configurations, and types of explosive material that would likely
be used to cause catastrophic damage to commercial aircraft. The Adminis-
trator shall notify the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Public Works and Transpor-
tation of the House of Representatives of a deployment decision made under
this paragraph.
(3) This subsection does not prohibit the Administrator from purchasing
or deploying explosive detection equipment described in paragraph (1) of
this subsection.
(b) GRANTS.—The Secretary of Transportation may provide grants to
continue the Explosive Detection K-9 Team Training Program to detect
explosives at airports and on aircraft.
§ 44914. Airport construction guidelines
In consultation with air carriers, airport authorities, and others the Ad-
ministrator of the Federal Aviation Administration considers appropriate,
the Administrator shall develop guidelines for airport design and construc-
tion to allow for maximum security enhancement. In developing the guide-
lines, the Administrator shall consider the results of the assessment carried
out under section 44904(a) of this title.
§ 44915. Exemptions
The Administrator of the Federal Aviation Administration may exempt
from sections 44901, 44903(a)–(c) and (e), 44906, 44935, and 44936 of
this title airports in Alaska served only by air carriers that—
(1) hold certificates issued under section 41102 of this title;
(2) operate aircraft with certificates for a maximum gross takeoff
weight of less than 12,500 pounds; and
(3) board passengers, or load property intended to be carried in an
aircraft cabin, that will be screened under section 44901 of this title
at another airport in Alaska before the passengers board, or the prop-
erty is loaded on, an aircraft for a place outside Alaska.
572
SUBCHAPTER II—ADMINISTRATION AND PERSONNEL
§ 44931. Director of Intelligence and Security
(a) ORGANIZATION.—There is in the Office of the Secretary of Transpor-
tation a Director of Intelligence and Security. The Director reports directly
to the Secretary.
(b) DUTIES AND POWERS.—The Director shall—
(1) receive, assess, and distribute intelligence information related to
long-term transportation security;
(2) develop policies, strategies, and plans for dealing with threats to
transportation security;
(3) make other plans related to transportation security, including co-
ordinating countermeasures with appropriate departments, agencies,
and instrumentalities of the United States Government;
(4) serve as the primary liaison of the Secretary to the intelligence
and law enforcement communities; and
(5) carry out other duties and powers the Secretary decides are nec-
essary to ensure, to the extent possible, the security of the traveling
public.
§ 44932. Assistant Administrator for Civil Aviation Security
(a) ORGANIZATION.—There is an Assistant Administrator for Civil Avia-
tion Security. The Assistant Administrator reports directly to the Adminis-
trator of the Federal Aviation Administration and is subject to the authority
of the Administrator.
(b) DUTIES AND POWERS.—The Assistant Administrator shall—
(1) on a day-to-day basis, manage and provide operational guidance
to the field security resources of the Administration, including Federal
Security Managers as provided by section 44933 of this title;
(2) enforce security-related requirements;
(3) identify the research and development requirements of security-
related activities;
(4) inspect security systems;
(5) report information to the Director of Intelligence and Security
that may be necessary to allow the Director to carry out assigned du-
ties and powers;
(6) assess threats to civil aviation; and
(7) carry out other duties and powers the Administrator considers
appropriate.
(c) REVIEW
AND DEVELOPMENT
OF WAYS TO STRENGTHEN SECU-
RITY.—The Assistant Administrator shall review and, as necessary, develop
ways to strengthen air transportation security, including ways—
573
(1) to strengthen controls over checked baggage in air transpor-
tation, including ways to ensure baggage reconciliation and inspection
of items in passenger baggage that could potentially contain explosive
devices;
(2) to strengthen control over individuals having access to aircraft;
(3) to improve testing of security systems;
(4) to ensure the use of the best available x-ray equipment for air
transportation security purposes; and
(5) to strengthen preflight screening of passengers.
§ 44933. Federal Security Managers
(a) ESTABLISHMENT, DESIGNATION, AND STATIONING.—The Adminis-
trator of the Federal Aviation Administration shall establish the position of
Federal Security Manager at each airport in the United States at which the
Administrator decides a Manager is necessary for air transportation secu-
rity. The Administrator shall designate individuals as Managers for, and
station those Managers at, those airports. The Administrator may designate
a current field employee of the Administration as a Manager. A Manager
reports directly to the Assistant Administrator for Civil Aviation Security.
The Administrator shall station an individual as Manager at each airport
in the United States that the Secretary of Transportation designates as a
category X airport.
(b) DUTIES AND POWERS.—The Manager at each airport shall—
(1) receive intelligence information related to aviation security;
(2) ensure, and assist in, the development of a comprehensive secu-
rity plan for the airport that—
(A) establishes the responsibilities of each air carrier and air-
port operator for air transportation security at the airport; and
(B) includes measures to be taken during periods of normal air-
port operations and during periods when the Manager decides that
there is a need for additional airport security, and identifies the
individuals responsible for carrying out those measures;
(3) oversee and enforce the carrying out by air carriers and airport
operators of United States Government security requirements, includ-
ing the security plan under clause (2) of this subsection;
(4) serve as the on-site coordinator of the Administrator’s response
to terrorist incidents and threats at the airport;
(5) coordinate the day-to-day Government aviation security activities
at the airport;
(6) coordinate efforts related to aviation security with local law en-
forcement; and
(7) coordinate activities with other Managers.
574
(c) LIMITATION.—A Civil Aviation Security Field Officer may not be as-
signed security duties and powers at an airport having a Manager.
§ 44934. Foreign Security Liaison Officers
(a) ESTABLISHMENT, DESIGNATION, AND STATIONING.—The Adminis-
trator of the Federal Aviation Administration shall establish the position of
Foreign Security Liaison Officer for each airport outside the United States
at which the Administrator decides an Officer is necessary for air transpor-
tation security. In coordination with the Secretary of State, the Adminis-
trator shall designate an Officer for each of those airports. In coordination
with the Secretary, the Administrator shall designate an Officer for each of
those airports where extraordinary security measures are in place. The Sec-
retary shall give high priority to stationing those Officers.
(b) DUTIES AND POWERS.—An Officer reports directly to the Assistant
Administrator for Civil Aviation Security. The Officer at each airport
shall—
(1) serve as the liaison of the Assistant Administrator to foreign se-
curity authorities (including governments of foreign countries and for-
eign airport authorities) in carrying out United States Government se-
curity requirements at that airport; and
(2) to the extent practicable, carry out duties and powers referred
to in section 44933(b) of this title.
(c) COORDINATION OF ACTIVITIES.—The activities of each Officer shall
be coordinated with the chief of the diplomatic mission of the United States
to which the Officer is assigned. Activities of an Officer under this section
shall be consistent with the duties and powers of the Secretary and the chief
of mission to a foreign country under section 103 of the Omnibus Diplo-
matic Security and Antiterrorism Act of 1986 (22 U.S.C. 4802) and section
207 of the Foreign Service Act of 1980 (22 U.S.C. 3927).
§ 44935. Employment standards and training
(a) EMPLOYMENT STANDARDS.—The Administrator of the Federal Avia-
tion Administration shall prescribe standards for the employment and con-
tinued employment of, and contracting for, air carrier personnel and, as ap-
propriate, airport security personnel. The standards shall include—
(1) minimum training requirements for new employees;
(2) retraining requirements;
(3) minimum staffing levels;
(4) minimum language skills; and
(5) minimum education levels for employees, when appropriate.
(b) REVIEW AND RECOMMENDATIONS.—In coordination with air carriers,
airport operators, and other interested persons, the Administrator shall re-
view issues related to human performance in the aviation security system
575
to maximize that performance. When the review is completed, the Adminis-
trator shall recommend guidelines and prescribe appropriate changes in ex-
isting procedures to improve that performance.
(c) SECURITY
PROGRAM
TRAINING, STANDARDS, 
AND
QUALIFICA-
TIONS.—(1) The Administrator—
(A) may train individuals employed to carry out a security program
under section 44903(c) of this title; and
(B) shall prescribe uniform training standards and uniform mini-
mum qualifications for individuals eligible for that training.
(2) The Administrator may authorize reimbursement for travel, transpor-
tation, and subsistence expenses for security training of non-United States
Government domestic and foreign individuals whose services will contribute
significantly to carrying out civil aviation security programs. To the extent
practicable, air travel reimbursed under this paragraph shall be on air
carriers.
(d) EDUCATION AND TRAINING STANDARDS FOR SECURITY COORDINA-
TORS, SUPERVISORY PERSONNEL, AND PILOTS.—(1) The Administrator
shall prescribe standards for educating and training—
(A) ground security coordinators;
(B) security supervisory personnel; and
(C) airline pilots as in-flight security coordinators.
(2) The standards shall include initial training, retraining, and continuing
education requirements and methods. Those requirements and methods shall
be used annually to measure the performance of ground security coordina-
tors and security supervisory personnel.
§ 44936. Employment investigations and restrictions
(a) EMPLOYMENT INVESTIGATION REQUIREMENT.—(1) The Adminis-
trator of the Federal Aviation Administration shall require by regulation
that an employment investigation, including a criminal history record check,
shall be conducted, as the Administrator decides is necessary to ensure air
transportation security, of each individual employed in, or applying for, a
position in which the individual has unescorted access, or may permit other
individuals to have unescorted access, to—
(A) aircraft of an air carrier or foreign air carrier; or
(B) a secured area of an airport in the United States the Adminis-
trator designates that serves an air carrier or foreign air carrier.
(2) An air carrier, foreign air carrier, or airport operator that employs,
or authorizes or makes a contract for the services of, an individual in a posi-
tion described in paragraph (1) of this subsection shall ensure that the in-
vestigation the Administrator requires is conducted.
576
(b) PROHIBITED EMPLOYMENT.—(1) Except as provided in paragraph
(3) of this subsection, an air carrier, foreign air carrier, or airport operator
may not employ, or authorize or make a contract for the services of, an indi-
vidual in a position described in subsection (a)(1) of this section if—
(A) the investigation of the individual required under this section has
not been conducted; or
(B) the results of that investigation establish that, in the 10-year pe-
riod ending on the date of the investigation, the individual was con-
victed of—
(i) a crime referred to in section 46306, 46308, 46312, 46314,
or 46315 or chapter 465 of this title or section 32 of title 18;
(ii) murder;
(iii) assault with intent to murder;
(iv) espionage;
(v) sedition;
(vi) treason;
(vii) rape;
(viii) kidnapping;
(ix) unlawful possession, sale, distribution, or manufacture of an
explosive or weapon;
(x) extortion;
(xi) armed robbery;
(xii) distribution of, or intent to distribute, a controlled sub-
stance; or
(xiii) conspiracy to commit any of the acts referred to in clauses
(i)–(xii) of this paragraph.
(2) The Administrator may specify other factors that are sufficient to
prohibit the employment of an individual in a position described in sub-
section (a)(1) of this section.
(3) An air carrier, foreign air carrier, or airport operator may employ,
or authorize or contract for the services of, an individual in a position de-
scribed in subsection (a)(1) of this section without carrying out the inves-
tigation required under this section, if the Administrator approves a plan
to employ the individual that provides alternate security arrangements.
(c) FINGERPRINTING AND RECORD CHECK INFORMATION.—(1) If the
Administrator requires an identification and criminal history record check,
to be conducted by the Attorney General, as part of an investigation under
this section, the Administrator shall designate an individual to obtain finger-
prints and submit those fingerprints to the Attorney General. The Attorney
General may make the results of a check available to an individual the Ad-
ministrator designates. Before designating an individual to obtain and sub-
577
mit fingerprints or receive results of a check, the Administrator shall con-
sult with the Attorney General.
(2) The Administrator shall prescribe regulations on—
(A) procedures for taking fingerprints; and
(B) requirements for using information received from the Attorney
General under paragraph (1) of this subsection—
(i) to limit the dissemination of the information; and
(ii) to ensure that the information is used only to carry out this
section.
(3) If an identification and criminal history record check is conducted as
part of an investigation of an individual under this section, the individual—
(A) shall receive a copy of any record received from the Attorney
General; and
(B) may complete and correct the information contained in the check
before a final employment decision is made based on the check.
(d) FEES AND CHARGES.—The Administrator and the Attorney General
shall establish reasonable fees and charges to pay expenses incurred in car-
rying out this section. The employer of the individual being investigated
shall pay the costs of a record check of the individual. Money collected
under this section shall be credited to the account in the Treasury from
which the expenses were incurred and are available to the Administrator
and the Attorney General for those expenses.
(e) WHEN INVESTIGATION OR RECORD CHECK NOT REQUIRED.—This
section does not require an investigation or record check when the investiga-
tion or record check is prohibited by a law of a foreign country.
§ 44937. Prohibition on transferring duties and powers
Except as specifically provided by law, the Administrator of the Federal
Aviation Administration may not transfer a duty or power under section
44903(a), (b), (c), or (e), 44906(a)(1) or (b), 44912, 44935, 44936, or
44938(b)(3) of this title to another department, agency, or instrumentality
of the United States Government.
§ 44938. Reports
(a) TRANSPORTATION SECURITY.—Not later than December 31 of each
year, the Secretary of Transportation shall submit to Congress a report on
transportation security with recommendations the Secretary considers ap-
propriate. The report shall be prepared in conjunction with the annual re-
port the Administrator of the Federal Aviation Administration submits
under subsection (b) of this section, but may not duplicate the information
submitted under subsection (b) or section 44907(a)(3) of this title. The Sec-
retary may submit the report in classified and unclassified parts. The report
shall include—
578
(1) an assessment of trends and developments in terrorist activities,
methods, and other threats to transportation;
(2) an evaluation of deployment of explosive detection devices;
(3) recommendations for research, engineering, and development ac-
tivities related to transportation security, except research engineering
and development activities related to aviation security to the extent
those activities are covered by the national aviation research plan re-
quired under section 44501(c) of this title;
(4) identification and evaluation of cooperative efforts with other de-
partments, agencies, and instrumentalities of the United States Gov-
ernment;
(5) an evaluation of cooperation with foreign transportation and se-
curity authorities;
(6) the status of the extent to which the recommendations of the
President’s Commission on Aviation Security and Terrorism have been
carried out and the reasons for any delay in carrying out those rec-
ommendations;
(7) a summary of the activities of the Director of Intelligence and
Security in the 12-month period ending on the date of the report;
(8) financial and staffing requirements of the Director;
(9) an assessment of financial and staffing requirements, and attain-
ment of existing staffing goals, for carrying out duties and powers of
the Administrator related to security; and
(10) appropriate legislative and regulatory recommendations.
(b) SCREENING AND FOREIGN AIR CARRIER AND AIRPORT SECURITY.—
The Administrator shall submit annually to Congress a report—
(1) on the effectiveness of procedures under section 44901 of this
title;
(2) that includes a summary of the assessments conducted under
section 44907(a)(1) and (2) of this title; and
(3) that includes an assessment of the steps being taken, and the
progress being made, in ensuring compliance with section 44906 of this
title for each foreign air carrier security program at airports outside
the United States—
(A) at which the Administrator decides that Foreign Security
Liaison Officers are necessary for air transportation security; and
(B) for which extraordinary security measures are in place.
(c) DOMESTIC AIR TRANSPORTATION SYSTEM SECURITY.—The Adminis-
trator shall submit to Congress an annual report for each of the calendar
years 1991 and 1992 on the progress being made, and the problems occur-
579
ring, in carrying out section 44904 of this title. The report shall include
recommendations for improving domestic air transportation security.
CHAPTER 451—ALCOHOL AND CONTROLLED
SUBSTANCES TESTING
Sec.
45101.
Definition.
45102.
Alcohol and controlled substances testing programs.
45103.
Prohibited service.
45104.
Testing and laboratory requirements.
45105.
Rehabilitation.
45106.
Relationship to other laws, regulations, standards, and orders.
§ 45101. Definition
In this chapter, ‘‘controlled substance’’ means any substance under sec-
tion 102 of the Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 802) specified by the Administrator of the Federal Avia-
tion Administration.
§ 45102. Alcohol and controlled substances testing programs
(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN AIR
CARRIERS.—(1) In the interest of aviation safety, the Administrator of the
Federal Aviation Administration shall prescribe regulations not later than
October 28, 1992, that establish a program requiring air carriers and for-
eign air carriers to conduct preemployment, reasonable suspicion, random,
and post-accident testing of airmen, crewmembers, airport security screen-
ing contract personnel, and other air carrier employees responsible for safe-
ty-sensitive functions (as decided by the Administrator) for the use of alco-
hol or a controlled substance in violation of law or a United States Govern-
ment regulation.
(2) When the Administrator considers it appropriate in the interest of
safety, the Administrator may prescribe regulations for conducting periodic
recurring testing of airmen, crewmembers, airport security screening con-
tract personnel, and other air carrier employees responsible for safety-sen-
sitive functions for the use of alcohol or a controlled substance in violation
of law or a Government regulation.
(b) PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION ADMINIS-
TRATION.—(1) 
The 
Administrator 
shall 
establish 
a 
program 
of
preemployment, reasonable suspicion, random, and post-accident testing for
the use of alcohol or a controlled substance in violation of law or a Govern-
ment regulation for employees of the Administration whose duties include
responsibility for safety-sensitive functions.
(2) When the Administrator considers it appropriate in the interest of
safety, the Administrator may prescribe regulations for conducting periodic
recurring testing of employees of the Administration responsible for safety-
580
sensitive functions for use of alcohol or a controlled substance in violation
of law or a Government regulation.
(c) SANCTIONS.—In prescribing regulations under the programs required
by this section, the Administrator shall require, as the Administrator consid-
ers appropriate, the suspension or revocation of any certificate issued to an
individual referred to in this section, or the disqualification or dismissal of
the individual, under this chapter when a test conducted and confirmed
under this chapter indicates the individual has used alcohol or a controlled
substance in violation of law or a Government regulation.
§ 45103. Prohibited service
(a) USE OF ALCOHOL OR A CONTROLLED SUBSTANCE.—An individual
may not use alcohol or a controlled substance after October 28, 1991, in
violation of law or a United States Government regulation and serve as an
airman, crewmember, airport security screening contract employee, air car-
rier employee responsible for safety-sensitive functions (as decided by the
Administrator of the Federal Aviation Administration), or employee of the
Administration with responsibility for safety-sensitive functions.
(b) REHABILITATION REQUIRED TO RESUME SERVICE.—Notwithstand-
ing subsection (a) of this section, an individual found to have used alcohol
or a controlled substance after October 28, 1991, in violation of law or a
Government regulation may serve as an airman, crewmember, airport secu-
rity screening contract employee, air carrier employee responsible for safety-
sensitive functions (as decided by the Administrator), or employee of the
Administration with responsibility for safety-sensitive functions only if the
individual completes a rehabilitation program described in section 45105 of
this title.
(c) PERFORMANCE OF PRIOR DUTIES PROHIBITED.—An individual who
served as an airman, crewmember, airport security screening contract em-
ployee, air carrier employee responsible for safety-sensitive functions (as de-
cided by the Administrator), or employee of the Administration with respon-
sibility for safety-sensitive functions and who was found by the Adminis-
trator to have used alcohol or a controlled substance after October 28,
1991, in violation of law or a Government regulation may not carry out the
duties related to air transportation that the individual carried out before the
finding of the Administrator if the individual—
(1) used the alcohol or controlled substance when on duty;
(2) began or completed a rehabilitation program described in section
45105 of this title before using the alcohol or controlled substance; or
(3) refuses to begin or complete a rehabilitation program described
in section 45105 of this title after a finding by the Administrator under
this section.
581
§ 45104. Testing and laboratory requirements
In carrying out section 45102 of this title, the Administrator of the Fed-
eral Aviation Administration shall develop requirements that—
(1) promote, to the maximum extent practicable, individual privacy
in the collection of specimens;
(2) for laboratories and testing procedures for controlled substances,
incorporate the Department of Health and Human Services scientific
and technical guidelines dated April 11, 1988, and any amendments to
those guidelines, including mandatory guidelines establishing—
(A) comprehensive standards for every aspect of laboratory con-
trolled substances testing and laboratory procedures to be applied
in carrying out this chapter, including standards requiring the use
of the best available technology to ensure the complete reliability
and accuracy of controlled substances tests and strict procedures
governing the chain of custody of specimens collected for con-
trolled substances testing;
(B) the minimum list of controlled substances for which individ-
uals may be tested; and
(C) appropriate standards and procedures for periodic review of
laboratories and criteria for certification and revocation of certifi-
cation of laboratories to perform controlled substances testing in
carrying out this chapter;
(3) require that a laboratory involved in controlled substances testing
under this chapter have the capability and facility, at the laboratory,
of performing screening and confirmation tests;
(4) provide that all tests indicating the use of alcohol or a controlled
substance in violation of law or a United States Government regulation
be confirmed by a scientifically recognized method of testing capable
of providing quantitative information about alcohol or a controlled sub-
stance;
(5) provide that each specimen be subdivided, secured, and labeled
in the presence of the tested individual and that a part of the specimen
be retained in a secure manner to prevent the possibility of tampering,
so that if the individual’s confirmation test results are positive the indi-
vidual has an opportunity to have the retained part tested by a 2d con-
firmation test done independently at another certified laboratory if the
individual requests the 2d confirmation test not later than 3 days after
being advised of the results of the first confirmation test;
(6) ensure appropriate safeguards for testing to detect and quantify
alcohol in breath and body fluid samples, including urine and blood,
582
through the development of regulations that may be necessary and in
consultation with the Secretary of Health and Human Services;
(7) provide for the confidentiality of test results and medical infor-
mation (except information about alcohol or a controlled substance) of
employees, except that this clause does not prevent the use of test re-
sults for the orderly imposition of appropriate sanctions under this
chapter; and
(8) ensure that employees are selected for tests by nondiscriminatory
and impartial methods, so that no employee is harassed by being treat-
ed differently from other employees in similar circumstances.
§ 45105. Rehabilitation
(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN AIR
CARRIERS.—The Administrator of the Federal Aviation Administration shall
prescribe regulations establishing requirements for rehabilitation programs
that at least provide for the identification and opportunity for treatment of
employees of air carriers and foreign air carriers referred to in section
45102(a)(1) of this title who need assistance in resolving problems with the
use of alcohol or a controlled substance in violation of law or a United
States Government regulation. Each air carrier and foreign air carrier is en-
couraged to make such a program available to all its employees in addition
to the employees referred to in section 45102(a)(1)(A). The Administrator
shall decide on the circumstances under which employees shall be required
to participate in a program. This subsection does not prevent an air carrier
or foreign air carrier from establishing a program under this subsection in
cooperation with another air carrier or foreign air carrier.
(b) PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION ADMINIS-
TRATION.—The Administrator shall establish and maintain a rehabilitation
program that at least provides for the identification and opportunity for
treatment of employees of the Administration whose duties include respon-
sibility for safety-sensitive functions who need assistance in resolving prob-
lems with the use of alcohol or a controlled substance.
§ 45106. Relationship to other laws, regulations, standards,
and orders
(a) EFFECT ON STATE AND LOCAL GOVERNMENT LAWS, REGULATIONS,
STANDARDS, OR ORDERS.—A State or local government may not prescribe,
issue, or continue in effect a law, regulation, standard, or order that is in-
consistent with regulations prescribed under this chapter. However, a regu-
lation prescribed under this chapter does not preempt a State criminal law
that imposes sanctions for reckless conduct leading to loss of life, injury,
or damage to property.
583
(b) INTERNATIONAL OBLIGATIONS AND FOREIGN LAWS.—(1) In pre-
scribing regulations under this chapter, the Administrator of the Federal
Aviation Administration—
(A) shall establish only requirements applicable to foreign air car-
riers that are consistent with international obligations of the United
States; and
(B) shall consider applicable laws and regulations of foreign coun-
tries.
(2) The Secretaries of State and Transportation jointly shall request the
governments of foreign countries that are members of the International Civil
Aviation Organization to strengthen and enforce existing standards to pro-
hibit crewmembers in international civil aviation from using alcohol or a
controlled substance in violation of law or a United States Government reg-
ulation.
(c) OTHER REGULATIONS ALLOWED.—This section does not prevent the
Administrator 
from 
continuing 
in 
effect, 
amending, 
or 
further
supplementing a regulation prescribed before October 28, 1991, governing
the use of alcohol or a controlled substance by airmen, crewmembers, air-
port security screening contract employees, air carrier employees responsible
for safety-sensitive functions (as decided by the Administrator), or employ-
ees of the Administration with responsibility for safety-sensitive functions.
CHAPTER 453—FEES
Sec.
45301.
Authority to impose fees.
45302.
Fees involving aircraft not providing air transportation.
45303.
Maximum fees for private person services.
§ 45301. Authority to impose fees
(a) GENERAL AUTHORITY.—The Secretary of Transportation may impose
a fee for an approval, test, authorization, certificate, permit, registration,
transfer, or rating related to aviation that has not been approved by Con-
gress only when the fee—
(1)(A) was in effect on January 1, 1973; and
(B) is not more than the fee in effect on January 1, 1973, adjusted
in proportion to changes in the Consumer Price Index of All Urban
Consumers published by the Secretary of Labor between January 1,
1973, and the date the fee is imposed; or
(2) is imposed under section 45302 of this title.
(b) NONAPPLICATION.—This section does not apply to a fee for a test,
authorization, certificate, permit, or rating related to an airman or repair
station administered or issued outside the United States.
584
§ 45302. Fees involving aircraft not providing air transpor-
tation
(a) APPLICATION.—This section applies only to aircraft not used to pro-
vide air transportation.
(b) GENERAL AUTHORITY AND MAXIMUM FEES.—The Administrator of
the Federal Aviation Administration may impose fees to pay for the costs
of issuing airman certificates to pilots and certificates of registration of air-
craft and processing forms for major repairs and alterations of fuel tanks
and fuel systems of aircraft. The following fees may not be more than the
amounts specified:
(1) $12 for issuing an airman’s certificate to a pilot.
(2) $25 for registering an aircraft after the transfer of ownership.
(3) $15 for renewing an aircraft registration.
(4) $7.50 for processing a form for a major repair or alteration of
a fuel tank or fuel system of an aircraft.
(c) ADJUSTMENTS.—The Administrator shall adjust the maximum fees
established by subsection (b) of this section for changes in the Consumer
Price Index of All Urban Consumers published by the Secretary of Labor.
(d) CREDIT TO ACCOUNT AND AVAILABILITY.—Money collected from fees
imposed under this section shall be credited to the account in the Treasury
from which the Administrator incurs expenses in carrying out chapter 441
and sections 44701–44716 of this title (except sections 44701(c),
44703(f)(2), and 44713(d)(2)). The money is available to the Administrator
to pay expenses for which the fees are collected.
§ 45303. Maximum fees for private person services
The Administrator of the Federal Aviation Administration may establish
maximum fees that private persons may charge for services performed under
a delegation to the person under section 44702(d) of this title.
SUBPART IV—ENFORCEMENT AND PENALTIES
CHAPTER 461—INVESTIGATIONS AND PROCEEDINGS
Sec.
46101.
Complaints and investigations.
46102.
Proceedings.
46103.
Service of notice, process, and actions.
46104.
Evidence.
46105.
Regulations and orders.
46106.
Enforcement by the Secretary of Transportation and Administrator of the Federal
Aviation Administration.
46107.
Enforcement by the Attorney General.
46108.
Enforcement of certificate requirements by interested persons.
46109.
Joinder and intervention.
46110.
Judicial review.
§ 46101. Complaints and investigations
(a) GENERAL.—(1) A person may file a complaint in writing with the
Secretary of Transportation (or the Administrator of the Federal Aviation
585
Administration with respect to aviation safety duties and powers designated
to be carried out by the Administrator) about a person violating this part
or a requirement prescribed under this part. Except as provided in sub-
section (b) of this section, the Secretary or Administrator shall investigate
the complaint if a reasonable ground appears to the Secretary or Adminis-
trator for the investigation.
(2) On the initiative of the Secretary of Transportation or the Adminis-
trator, as appropriate, the Secretary or Administrator may conduct an in-
vestigation, if a reasonable ground appears to the Secretary or Adminis-
trator for the investigation, about—
(A) a person violating this part or a requirement prescribed under
this part; or
(B) any question that may arise under this part.
(3) The Secretary of Transportation or Administrator may dismiss a com-
plaint without a hearing when the Secretary or Administrator is of the opin-
ion that the complaint does not state facts that warrant an investigation
or action.
(4) After notice and an opportunity for a hearing and subject to section
40105(b) of this title, the Secretary of Transportation or Administrator
shall issue an order to compel compliance with this part if the Secretary
or Administrator finds in an investigation under this subsection that a per-
son is violating this part.
(b) COMPLAINTS AGAINST MEMBERS
OF ARMED FORCES.—The Sec-
retary of Transportation or Administrator shall refer a complaint against
a member of the armed forces of the United States performing official du-
ties to the Secretary of the department concerned for action. Not later than
90 days after receiving the complaint, the Secretary of that department
shall inform the Secretary of Transportation or Administrator of the action
taken on the complaint, including any corrective or disciplinary action
taken.
§ 46102. Proceedings
(a) CONDUCTING PROCEEDINGS.—Subject to subchapter II of chapter 5
of title 5, the Secretary of Transportation (or the Administrator of the Fed-
eral Aviation Administration with respect to aviation safety duties and pow-
ers designated to be carried out by the Administrator) may conduct proceed-
ings in a way conducive to justice and the proper dispatch of business.
(b) APPEARANCE.—A person may appear and be heard before the Sec-
retary and the Administrator in person or by an attorney. The Secretary
may appear and participate as an interested party in a proceeding the Ad-
ministrator conducts under section 40113(a) of this title.
586
(c) RECORDING AND PUBLIC ACCESS.—Official action taken by the Sec-
retary and Administrator under this part shall be recorded. Proceedings be-
fore the Secretary and Administrator shall be open to the public on the re-
quest of an interested party unless the Secretary or Administrator decides
that secrecy is required because of national defense.
(d) CONFLICTS OF INTEREST.—The Secretary, the Administrator, or an
officer or employee of the Administration may not participate in a proceed-
ing referred to in subsection (a) of this section in which the individual has
a pecuniary interest.
§ 46103. Service of notice, process, and actions
(a) DESIGNATING AGENTS.—(1) Each air carrier and foreign air carrier
shall designate an agent on whom service of notice and process in a proceed-
ing before, and an action of, the Secretary of Transportation (or the Admin-
istrator of the Federal Aviation Administration with respect to aviation
safety duties and powers designated to be carried out by the Administrator)
may be made.
(2) The designation—
(A) shall be in writing and filed with the Secretary or Administrator;
and
(B) may be changed in the same way as originally made.
(b) SERVICE.—(1) Service may be made—
(A) by personal service;
(B) on a designated agent; or
(C) by certified or registered mail to the person to be served or the
designated agent of the person.
(2) The date of service made by certified or registered mail is the date
of mailing.
(c) SERVING AGENTS.—Service on an agent designated under this section
shall be made at the office or usual place of residence of the agent. If an
air carrier or foreign air carrier does not have a designated agent, service
may be made by posting the notice, process, or action in the office of the
Secretary or Administrator.
§ 46104. Evidence
(a) GENERAL.—In conducting a hearing or investigation under this part,
the Secretary of Transportation (or the Administrator of the Federal Avia-
tion Administration with respect to aviation safety duties and powers des-
ignated to be carried out by the Administrator) may—
(1) subpena witnesses and records related to a matter involved in the
hearing or investigation from any place in the United States to the des-
ignated place of the hearing or investigation;
(2) administer oaths;
587
(3) examine witnesses; and
(4) receive evidence at a place in the United States the Secretary
or Administrator designates.
(b) COMPLIANCE WITH SUBPENAS.—If a person disobeys a subpena, the
Secretary, the Administrator, or a party to a proceeding before the Sec-
retary or Administrator may petition a court of the United States to enforce
the subpena. A judicial proceeding to enforce a subpena under this section
may be brought in the jurisdiction in which the proceeding or investigation
is conducted. The court may punish a failure to obey an order of the court
to comply with the subpena as a contempt of court.
(c) DEPOSITIONS.—(1) In a proceeding or investigation, the Secretary or
Administrator may order a person to give testimony by deposition and to
produce records. If a person fails to be deposed or to produce records, the
order may be enforced in the same way a subpena may be enforced under
subsection (b) of this section.
(2) A deposition may be taken before an individual designated by the Sec-
retary or Administrator and having the power to administer oaths.
(3) Before taking a deposition, the party or the attorney of the party pro-
posing to take the deposition must give reasonable notice in writing to the
opposing party or the attorney of record of that party. The notice shall state
the name of the witness and the time and place of taking the deposition.
(4) The testimony of a person deposed under this subsection shall be
under oath. The person taking the deposition shall prepare, or cause to be
prepared, a transcript of the testimony taken. The transcript shall be sub-
scribed by the deponent. Each deposition shall be filed promptly with the
Secretary or Administrator.
(5) If the laws of a foreign country allow, the testimony of a witness in
that country may be taken by deposition—
(A) by a consular officer or an individual commissioned by the Sec-
retary or Administrator or agreed on by the parties by written stipula-
tion filed with the Secretary or Administrator; or
(B) under letters rogatory issued by a court of competent jurisdic-
tion at the request of the Secretary or Administrator.
(d) WITNESS FEES AND MILEAGE AND CERTAIN FOREIGN COUNTRY EX-
PENSES.—A witness summoned before the Secretary or Administrator or
whose deposition is taken under this section and the individual taking the
deposition are each entitled to the same fee and mileage that the witness
and individual would have been paid for those services in a court of the
United States. Under regulations of the Secretary or Administrator, the
Secretary or Administrator shall pay the necessary expenses incident to exe-
588
cuting, in another country, a commission or letter rogatory issued at the
initiative of the Secretary or Administrator.
(e) DESIGNATING EMPLOYEES TO CONDUCT HEARINGS.—When des-
ignated by the Secretary or Administrator, an employee appointed under
section 3105 of title 5 may conduct a hearing, subpena witnesses, admin-
ister oaths, examine witnesses, and receive evidence at a place in the United
States the Secretary or Administrator designates. On request of a party, the
Secretary or Administrator shall hear or receive argument.
§ 46105. Regulations and orders
(a) EFFECTIVENESS OF ORDERS.—Except as provided in this part, a reg-
ulation prescribed or order issued by the Secretary of Transportation (or
the Administrator of the Federal Aviation Administration with respect to
aviation safety duties and powers designated to be carried out by the Ad-
ministrator) takes effect within a reasonable time prescribed by the Sec-
retary or Administrator. The regulation or order remains in effect under its
own terms or until superseded. Except as provided in this part, the Sec-
retary or Administrator may amend, modify, or suspend an order in the
way, and by giving the notice, the Secretary or Administrator decides.
(b) CONTENTS AND SERVICE OF ORDERS.—An order of the Secretary or
Administrator shall include the findings of fact on which the order is based
and shall be served on the parties to the proceeding and the persons af-
fected by the order.
(c) EMERGENCIES.—When the Administrator is of the opinion that an
emergency exists related to safety in air commerce and requires immediate
action, the Administrator, on the initiative of the Administrator or on com-
plaint, may prescribe regulations and issue orders immediately to meet the
emergency, with or without notice and without regard to this part and sub-
chapter II of chapter 5 of title 5. The Administrator shall begin a proceed-
ing immediately about an emergency under this subsection and give pref-
erence, when practicable, to the proceeding.
§ 46106. Enforcement by the Secretary of Transportation
and Administrator of the Federal Aviation Admin-
istration
The Secretary of Transportation (or the Administrator of the Federal
Aviation Administration with respect to aviation safety duties and powers
designated to be carried out by the Administrator) may bring a civil action
against a person in a district court of the United States to enforce this part
or a requirement or regulation prescribed, or an order or any term of a cer-
tificate or permit issued, under this part. The action may be brought in the
judicial district in which the person does business or the violation occurred.
589
§ 46107. Enforcement by the Attorney General
(a) CIVIL ACTIONS TO ENFORCE SECTION 40106(b).—The Attorney
General may bring a civil action in a district court of the United States
against a person to enforce section 40106(b) of this title. The action may
be brought in the judicial district in which the person does business or the
violation occurred.
(b) CIVIL ACTIONS TO ENFORCE THIS PART.—(1) On request of the Sec-
retary of Transportation (or the Administrator of the Federal Aviation Ad-
ministration with respect to aviation safety duties and powers designated to
be carried out by the Administrator), the Attorney General may bring a civil
action in an appropriate court—
(A) to enforce this part or a requirement or regulation prescribed,
or an order or any term of a certificate or permit issued, under this
part; and
(B) to prosecute a person violating this part or a requirement or reg-
ulation prescribed, or an order or any term of a certificate or permit
issued, under this part.
(2) The costs and expenses of a civil action shall be paid out of the appro-
priations for the expenses of the courts of the United States.
(c) PARTICIPATION OF SECRETARY OR ADMINISTRATOR.—On request of
the Attorney General, the Secretary or Administrator, as appropriate, may
participate in a civil action under this part.
§ 46108. Enforcement of certificate requirements by inter-
ested persons
An interested person may bring a civil action in a district court of the
United States against a person to enforce section 41101(a)(1) of this title.
The action may be brought in the judicial district in which the defendant
does business or the violation occurred.
§ 46109. Joinder and intervention
A person interested in or affected by a matter under consideration in a
proceeding before the Secretary of Transportation or civil action to enforce
this part or a requirement or regulation prescribed, or an order or any term
of a certificate or permit issued, under this part may be joined as a party
or permitted to intervene in the proceeding or civil action.
§ 46110. Judicial review
(a) FILING AND VENUE.—Except for an order related to a foreign air
carrier subject to disapproval by the President under section 41307 or
41509(f) of this title, a person disclosing a substantial interest in an order
issued by the Secretary of Transportation (or the Administrator of the Fed-
eral Aviation Administration with respect to aviation safety duties and pow-
ers designated to be carried out by the Administrator) under this part may
590
apply for review of the order by filing a petition for review in the United
States Court of Appeals for the District of Columbia Circuit or in the court
of appeals of the United States for the circuit in which the person resides
or has its principal place of business. The petition must be filed not later
than 60 days after the order is issued. The court may allow the petition
to be filed after the 60th day only if there are reasonable grounds for not
filing by the 60th day.
(b) JUDICIAL PROCEDURES.—When a petition is filed under subsection
(a) of this section, the clerk of the court immediately shall send a copy of
the petition to the Secretary or Administrator, as appropriate. The Sec-
retary or Administrator shall file with the court a record of any proceeding
in which the order was issued, as provided in section 2112 of title 28.
(c) AUTHORITY OF COURT.—When the petition is sent to the Secretary
or Administrator, the court has exclusive jurisdiction to affirm, amend,
modify, or set aside any part of the order and may order the Secretary or
Administrator to conduct further proceedings. After reasonable notice to the
Secretary or Administrator, the court may grant interim relief by staying
the order or taking other appropriate action when good cause for its action
exists. Findings of fact by the Secretary or Administrator, if supported by
substantial evidence, are conclusive.
(d) REQUIREMENT FOR PRIOR OBJECTION.—In reviewing an order under
this section, the court may consider an objection to an order of the Sec-
retary or Administrator only if the objection was made in the proceeding
conducted by the Secretary or Administrator or if there was a reasonable
ground for not making the objection in the proceeding.
(e) SUPREME COURT REVIEW.—A decision by a court under this section
may be reviewed only by the Supreme Court under section 1254 of title 28.
CHAPTER 463—PENALTIES
Sec.
46301.
Civil penalties.
46302.
False information.
46303.
Carrying a weapon.
46304.
Liens on aircraft.
46305.
Actions to recover civil penalties.
46306.
Registration violations involving aircraft not providing air transportation.
46307.
Violation of national defense airspace.
46308.
Interference with air navigation.
46309.
Concession and rate violations.
46310.
Reporting and recordkeeping violations.
46311.
Unlawful disclosure of information.
46312.
Transporting hazardous material.
46313.
Refusing to appear or produce records.
46314.
Entering aircraft or airport area in violation of security requirements.
46315.
Lighting violations involving transporting controlled substances by aircraft not provid-
ing air transportation.
46316.
General criminal penalty when specific penalty not provided.
591
§ 46301. Civil penalties
(a) GENERAL PENALTY.—(1) A person is liable to the United States Gov-
ernment for a civil penalty of not more than $1,000 for violating—
(A) chapter 401 (except sections 40103(a) and (d), 40105, 40116,
and 40117), chapter 411, section 41301–41306, 41308–41310(a),
41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–
41709, 41711, 41712, or 41731–41742, chapter 419, subchapter II of
chapter 421, chapter 441 (except section 44109), or section 44701(a)
or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906,
44907(d)(1)(B), 44909(a), 44912–44915, 44932–44938, 46302, or
46303 of this title;
(B) a regulation prescribed or order issued under any provision to
which clause (A) of this paragraph applies;
(C) any term of a certificate or permit issued under section 41102,
41103, or 41302 of this title; or
(D) a regulation of the United States Postal Service under this part.
(2) A person operating an aircraft for the transportation of passengers
or property for compensation (except an airman serving as an airman) is
liable to the Government for a civil penalty of not more than $10,000 for
violating—
(A) chapter 401 (except sections 40103(a) and (d), 40105, 40106(b),
40116, and 40117) or section 44701(a) or (b), 44702–44716, 44901,
44903(b) or (c), 44905, 44906, 44912–44915, or 44932–44938 of this
title; or
(B) a regulation prescribed or order issued under any provision to
which clause (A) of this paragraph applies.
(3) A civil penalty of not more than $10,000 may be imposed for each
violation under paragraph (1) of this subsection related to—
(A) the transportation of hazardous material; or
(B) the registration or recordation under chapter 441 of this title of
an aircraft not used to provide air transportation.
(4) A separate violation occurs under this subsection for each day the vio-
lation continues or, if applicable, for each flight involving the violation.
(b) SMOKE ALARM DEVICE PENALTY.—(1) A passenger may not tamper
with, disable, or destroy a smoke alarm device located in a lavatory on an
aircraft providing air transportation or intrastate air transportation.
(2) An individual violating this subsection is liable to the Government for
a civil penalty of not more than $2,000.
(c) PROCEDURAL REQUIREMENTS.—(1) The Secretary of Transportation
may impose a civil penalty for the following violations only after notice and
an opportunity for a hearing:
592
(A) a violation of subsection (b) of this section or chapter 411, sec-
tion 41301–41306, 41308–41310(a), 41501, 41503, 41504, 41506,
41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, or 41731–
41742, chapter 419, or subchapter II of chapter 421 of this title.
(B) a violation of a regulation prescribed or order issued under any
provision to which clause (A) of this paragraph applies.
(C) a violation of any term of a certificate or permit issued under
section 41102, 41103, or 41302 of this title.
(D) a violation under subsection (a)(1) of this section related to the
transportation of hazardous material.
(2) The Secretary shall give written notice of the finding of a violation
and the civil penalty under paragraph (1) of this subsection.
(d) Administrative Imposition of Penalties.—(1) In this subsection—
(A) ‘‘flight engineer’’ means an individual who holds a flight engi-
neer certificate issued under part 63 of title 14, Code of Federal Regu-
lations.
(B) ‘‘mechanic’’ means an individual who holds a mechanic certifi-
cate issued under part 65 of title 14, Code of Federal Regulations.
(C) ‘‘pilot’’ means an individual who holds a pilot certificate issued
under part 61 of title 14, Code of Federal Regulations.
(D) ‘‘repairman’’ means an individual who holds a repairman certifi-
cate issued under part 65 of title 14, Code of Federal Regulations.
(2) The Administrator of the Federal Aviation Administration may im-
pose a civil penalty for a violation of chapter 401 (except sections 40103(a)
and (d), 40105, 40106(b), 40116, and 40117), chapter 441 (except section
44109), or section 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c),
44905, 44906, 44907(d)(1)(B), 44912–44915, 44932–44938, 46302, or
46303 of this title or a regulation prescribed or order issued under any of
those provisions. The Administrator shall give written notice of the finding
of a violation and the penalty.
(3) In a civil action to collect a civil penalty imposed by the Administrator
under this subsection, the issues of liability and the amount of the penalty
may not be reexamined.
(4) Notwithstanding paragraph (2) of this subsection, the district courts
of the United States have exclusive jurisdiction of a civil action involving
a penalty the Administrator initiates if—
(A) the amount in controversy is more than $50,000;
(B) the action is in rem or another action in rem based on the same
violation has been brought;
(C) the action involves an aircraft subject to a lien that has been
seized by the Government; or
593
(D) another action has been brought for an injunction based on the
same violation.
(5)(A) The Administrator may issue an order imposing a penalty under
this subsection against an individual acting as a pilot, flight engineer, me-
chanic, or repairman only after advising the individual of the charges or any
reason the Administrator relied on for the proposed penalty and providing
the individual an opportunity to answer the charges and be heard about why
the order shall not be issued.
(B) An individual acting as a pilot, flight engineer, mechanic, or repair-
man may appeal an order imposing a penalty under this subsection to the
National Transportation Safety Board. After notice and an opportunity for
a hearing on the record, the Board shall affirm, modify, or reverse the
order. The Board may modify a civil penalty imposed to a suspension or
revocation of a certificate.
(C) When conducting a hearing under this paragraph, 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 inter-
pretation is arbitrary, capricious, or otherwise not according to law.
(D) When an individual files an appeal with the Board under this para-
graph, the order of the Administrator is stayed.
(6) An individual substantially affected by an order of the Board under
paragraph (5) of this subsection, or the Administrator when the Adminis-
trator decides that an order of the Board will have a significant adverse im-
pact 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.
(7)(A) The Administrator may impose a penalty on an individual (except
an individual acting as a pilot, flight engineer, mechanic, or repairman) only
after notice and an opportunity for a hearing on the record.
(B) In an appeal from a decision of an administrative law judge as the
result of a hearing under subparagraph (A) of this paragraph, the Adminis-
trator shall consider only whether—
(i) each finding of fact is supported by a preponderance of reliable,
probative, and substantial evidence;
(ii) each conclusion of law is made according to applicable law, prece-
dent, and public policy; and
(iii) the judge committed a prejudicial error that supports the
appeal.
594
(C) Except for good cause, a civil action involving a penalty under this
paragraph may not be initiated later than 2 years after the violation occurs.
(8) The maximum civil penalty the Administrator or Board may impose
under this subsection is $50,000.
(9) This subsection applies only to a violation occurring after August 25,
1992.
(e) PENALTY CONSIDERATIONS.—In determining the amount of a civil
penalty under subsection (a)(3) of this section related to transportation of
hazardous material, the Secretary shall consider—
(1) the nature, circumstances, extent, and gravity of the violation;
(2) with respect to the violator, the degree of culpability, any history
of prior violations, the ability to pay, and any effect on the ability to
continue doing business; and
(3) other matters that justice requires.
(f) COMPROMISE AND SETOFF.—(1)(A) The Secretary may compromise
the amount of a civil penalty imposed for violating—
(i) chapter 401 (except sections 40103(a) and (d), 40105, 40116,
and 40117), chapter 441 (except section 44109), or section 44701(a)
or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906,
44907(d)(1)(B), 44912–44915, or 44932–44938 of this title; or
(ii) a regulation prescribed or order issued under any provision to
which clause (i) of this subparagraph applies.
(B) The Postal Service may compromise the amount of a civil penalty im-
posed under subsection (a)(1)(D) of this section.
(2) The Government may deduct the amount of a civil penalty imposed
or compromised under this subsection from amounts it owes the person lia-
ble for the penalty.
(g) JUDICIAL REVIEW.—An order of the Secretary imposing a civil pen-
alty may be reviewed judicially only under section 46110 of this title.
(h) NONAPPLICATION.—(1) This section does not apply to the following
when performing official duties:
(A) a member of the armed forces of the United States.
(B) a civilian employee of the Department of Defense subject to the
Uniform Code of Military Justice.
(2) The appropriate military authority is responsible for taking necessary
disciplinary action and submitting to the Secretary (or the Administrator
with respect to aviation safety duties and powers designated to be carried
out by the Administrator) a timely report on action taken.
§ 46302. False information
(a) CIVIL PENALTY.—A person that, knowing the information to be false,
gives, or causes to be given, under circumstances in which the information
595
reasonably may be believed, false information about an alleged attempt
being made or to be made to do an act that would violate section 46502(a),
46504, 46505, or 46506 of this title, is liable to the United States Govern-
ment for a civil penalty of not more than $10,000 for each violation.
(b) COMPROMISE AND SETOFF.—(1) The Secretary of Transportation
may compromise the amount of a civil penalty imposed under subsection (a)
of this section.
(2) The Government may deduct the amount of a civil penalty imposed
or compromised under this section from amounts it owes the person liable
for the penalty.
§ 46303. Carrying a weapon
(a) CIVIL PENALTY.—An individual who, when on, or attempting to
board, an aircraft in, or intended for operation in, air transportation or
intrastate air transportation, has on or about the individual or the property
of the individual a concealed dangerous weapon that is or would be acces-
sible to the individual in flight is liable to the United States Government
for a civil penalty of not more than $10,000 for each violation.
(b) COMPROMISE AND SETOFF.—(1) The Secretary of Transportation
may compromise the amount of a civil penalty imposed under subsection (a)
of this section.
(2) The Government may deduct the amount of a civil penalty imposed
or compromised under this section from amounts it owes the individual lia-
ble for the penalty.
(c) NONAPPLICATION.—This section does not apply to—
(1) a law enforcement officer of a State or political subdivision of
a State, or an officer or employee of the Government, authorized to
carry arms in an official capacity; or
(2) another individual the Administrator of the Federal Aviation Ad-
ministration by regulation authorizes to carry arms in an official capac-
ity.
§ 46304. Liens on aircraft
(a) AIRCRAFT SUBJECT TO LIENS.—When an aircraft is involved in a
violation referred to in section 46301(a)(1)(A)–(C), (2), or (3) of this title
and the violation is by the owner of, or individual commanding, the aircraft,
the aircraft is subject to a lien for the civil penalty.
(b) SEIZURE.—An aircraft subject to a lien under this section may be
seized summarily and placed in the custody of a person authorized to take
custody of it under regulations of the Secretary of Transportation (or the
Administrator of the Federal Aviation Administration with respect to avia-
tion safety duties and powers designated to be carried out by the Adminis-
trator). A report on the seizure shall be submitted to the Attorney General.
596
The Attorney General promptly shall bring a civil action in rem to enforce
the lien or notify the Secretary or Administrator that the action will not
be brought.
(c) RELEASE.—An aircraft seized under subsection (b) of this section
shall be released from custody when—
(1) the civil penalty is paid;
(2) a compromise amount agreed on is paid;
(3) the aircraft is seized under a civil action in rem to enforce the
lien;
(4) the Attorney General gives notice that a civil action will not be
brought under subsection (b) of this section; or
(5) a bond (in an amount and with a surety the Secretary or Admin-
istrator prescribes), conditioned on payment of the penalty or com-
promise, is deposited with the Secretary or Administrator.
§ 46305. Actions to recover civil penalties
A civil penalty under this chapter may be collected by bringing a civil ac-
tion against the person subject to the penalty, a civil action in rem against
an aircraft subject to a lien for a penalty, or both. The action shall conform
as nearly as practicable to a civil action in admiralty, regardless of the place
an aircraft in a civil action in rem is seized. However, a party may demand
a jury trial of an issue of fact in an action involving a civil penalty under
this chapter (except a penalty imposed by the Secretary of Transportation
that formerly was imposed by the Civil Aeronautics Board) if the value of
the matter in controversy is more than $20. Issues of fact tried by a jury
may be reexamined only under common law rules.
§ 46306. Registration violations involving aircraft not pro-
viding air transportation
(a) APPLICATION.—This section applies only to aircraft not used to pro-
vide air transportation.
(b) GENERAL CRIMINAL PENALTY.—Except as provided by subsection (c)
of this section, a person shall be fined under title 18, imprisoned for not
more than 3 years, or both, if the person—
(1) knowingly and willfully forges or alters a certificate authorized
to be issued under this part;
(2) knowingly sells, uses, attempts to use, or possesses with the in-
tent to use, such a certificate;
(3) knowingly and willfully displays or causes to be displayed on an
aircraft a mark that is false or misleading about the nationality or reg-
istration of the aircraft;
(4) obtains a certificate authorized to be issued under this part by
knowingly and willfully falsifying or concealing a material fact, making
597
a false, fictitious, or fraudulent statement, or making or using a false
document knowing it contains a false, fictitious, or fraudulent state-
ment or entry;
(5) owns an aircraft eligible for registration under section 44102 of
this title and knowingly and willfully operates, attempts to operate, or
allows another person to operate the aircraft when—
(A) the aircraft is not registered under section 44103 of this
title or the certificate of registration is suspended or revoked; or
(B) the owner knows or has reason to know that the other per-
son does not have proper authorization to operate or navigate the
aircraft without registration for a period of time after transfer of
ownership;
(6) knowingly and willfully operates or attempts to operate an air-
craft eligible for registration under section 44102 of this title knowing
that—
(A) the aircraft is not registered under section 44103 of this
title;
(B) the certificate of registration is suspended or revoked; or
(C) the person does not have proper authorization to operate or
navigate the aircraft without registration for a period of time after
transfer of ownership;
(7) knowingly and willfully serves or attempts to serve in any capac-
ity as an airman without an airman’s certificate authorizing the indi-
vidual to serve in that capacity;
(8) knowingly and willfully employs for service or uses in any capac-
ity as an airman an individual who does not have an airman’s certifi-
cate authorizing the individual to serve in that capacity; or
(9) operates an aircraft with a fuel tank or fuel system that has been
installed or modified knowing that the tank, system, installation, or
modification does not comply with regulations and requirements of the
Administrator of the Federal Aviation Administration.
(c) CONTROLLED SUBSTANCE CRIMINAL PENALTY.—(1) In this sub-
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).
(2) A person violating subsection (b) of this section shall be fined under
title 18, imprisoned for not more than 5 years, or both, if the violation is
related to transporting a controlled substance by aircraft or aiding or facili-
tating a controlled substance violation and the transporting, aiding, or facili-
tating—
598
(A) is punishable by death or imprisonment of more than one year
under a law of the United States or a State; or
(B) provided is related to an act punishable by death or imprison-
ment for more than one year 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).
(3) A term of imprisonment imposed under paragraph (2) of this sub-
section shall be served in addition to, and not concurrently with, any other
term of imprisonment imposed on the individual.
(d) SEIZURE AND FORFEITURE.—(1) The Administrator of Drug En-
forcement or the Commissioner of Customs may seize and forfeit under the
customs laws an aircraft whose use is related to a violation of subsection
(b) of this section, or to aid or facilitate a violation, regardless of whether
a person is charged with the violation.
(2) An aircraft’s use is presumed to have been related to a violation of,
or to aid or facilitate a violation of—
(A) subsection (b)(1) of this section if the aircraft certificate of reg-
istration has been forged or altered;
(B) subsection (b)(3) of this section if there is an external display
of false or misleading registration numbers or country of registration;
(C) subsection (b)(4) of this section if—
(i) the aircraft is registered to a false or fictitious person; or
(ii) the application form used to obtain the aircraft certificate
of registration contains a material false statement;
(D) subsection (b)(5) of this section if the aircraft was operated
when it was not registered under section 44103 of this title; or
(E) subsection (b)(9) of this section if the aircraft has a fuel tank
or fuel system that was installed or altered—
(i) in violation of a regulation or requirement of the Adminis-
trator of the Federal Aviation Administration; or
(ii) if a certificate required to be issued for the installation or
alteration is not carried on the aircraft.
(3) The Administrator of the Federal Aviation Administration, the Ad-
ministrator of Drug Enforcement, and the Commissioner shall agree to a
memorandum of understanding to establish procedures to carry out this
subsection.
(e) RELATIONSHIP TO STATE LAWS.—This part does not prevent a State
from establishing a criminal penalty, including providing for forfeiture and
seizure of aircraft, for a person that—
(1) knowingly and willfully forges or alters an aircraft certificate of
registration;
599
(2) knowingly sells, uses, attempts to use, or possesses with the in-
tent to use, a fraudulent aircraft certificate of registration;
(3) knowingly and willfully displays or causes to be displayed on an
aircraft a mark that is false or misleading about the nationality or reg-
istration of the aircraft; or
(4) obtains an aircraft certificate of registration from the Adminis-
trator of the Federal Aviation Administration by—
(A) knowingly and willfully falsifying or concealing a material
fact;
(B) making a false, fictitious, or fraudulent statement; or
(C) making or using a false document knowing it contains a
false, fictitious, or fraudulent statement or entry.
§ 46307. Violation of national defense airspace
A person that knowingly or willfully violates section 40103(b)(3) of this
title or a regulation prescribed or order issued under section 40103(b)(3)
shall be fined under title 18, imprisoned for not more than one year, or
both.
§ 46308. Interference with air navigation
A person shall be fined under title 18, imprisoned for not more than 5
years, or both, if the person—
(1) with intent to interfere with air navigation in the United States,
exhibits in the United States a light or signal at a place or in a way
likely to be mistaken for a true light or signal established under this
part or for a true light or signal used at an air navigation facility;
(2) after a warning from the Administrator of the Federal Aviation
Administration, continues to maintain a misleading light or signal; or
(3) knowingly interferes with the operation of a true light or signal.
§ 46309. Concession and rate violations
(a) CRIMINAL PENALTY FOR OFFERING, GRANTING, GIVING, OR HELP-
ING TO OBTAIN CONCESSIONS AND LOWER RATES.—An air carrier, foreign
air carrier, ticket agent, or officer, agent, or employee of an air carrier, for-
eign air carrier, or ticket agent shall be fined under title 18 if the air car-
rier, foreign air carrier, ticket agent, officer, agent, or employee—
(1) knowingly and willfully offers, grants, or gives, or causes to be
offered, granted, or given, a rebate or other concession in violation of
this part; or
(2) by any means knowingly and willfully assists, or willingly allows,
a person to obtain transportation or services subject to this part at less
than the rate lawfully in effect.
600
(b) CRIMINAL PENALTY FOR RECEIVING REBATES, PRIVILEGES, AND FA-
CILITIES.—A person shall be fined under title 18 if the person by any
means—
(1) knowingly and willfully solicits, accepts, or receives a rebate of
a part of a rate lawfully in effect for the foreign air transportation of
property, or a service related to the foreign air transportation; or
(2) knowingly solicits, accepts, or receives a privilege or facility relat-
ed to a matter the Secretary of Transportation requires be specified in
a currently effective tariff applicable to the foreign air transportation
of property.
§ 46310. Reporting and recordkeeping violations
(a) GENERAL CRIMINAL PENALTY.—An air carrier or an officer, agent,
or employee of an air carrier shall be fined under title 18 for intentionally—
(1) failing to make a report or keep a record under this part;
(2) falsifying, mutilating, or altering a report or record under this
part; or
(3) filing a false report or record under this part.
(b) SAFETY REGULATION CRIMINAL PENALTY.—An air carrier or an offi-
cer, agent, or employee of an air carrier shall be fined under title 18, im-
prisoned for not more than 5 years, or both, for intentionally falsifying or
concealing a material fact, or inducing reliance on a false statement of ma-
terial fact, in a report or record under section 44701(a) or (b) or 44702–
44716 of this title.
§ 46311. Unlawful disclosure of information
(a) CRIMINAL PENALTY.—The Secretary of Transportation, the Adminis-
trator of the Federal Aviation Administration with respect to aviation safety
duties and powers designated to be carried out by the Administrator, or an
officer or employee of the Secretary or Administrator shall be fined under
title 18, imprisoned for not more than 2 years, or both, if the Secretary,
Administrator, officer, or employee knowingly and willfully discloses infor-
mation that—
(1) the Secretary, Administrator, officer, or employee acquires when
inspecting the records of an air carrier; or
(2) is withheld from public disclosure under section 40115 of this
title.
(b) NONAPPLICATION.—Subsection (a) of this section does not apply if—
(1) the officer or employee is directed by the Secretary or Adminis-
trator to disclose information that the Secretary or Administrator had
ordered withheld; or
(2) the Secretary, Administrator, officer, or employee is directed by
a court of competent jurisdiction to disclose the information.
601
(c) WITHHOLDING INFORMATION FROM CONGRESS.—This section does
not authorize the Secretary or Administrator to withhold information from
a committee of Congress authorized to have the information.
§ 46312. Transporting hazardous material
A person shall be fined under title 18, imprisoned for not more than 5
years, or both, if the person, in violation of a regulation or requirement re-
lated to the transportation of hazardous material prescribed by the Sec-
retary of Transportation under this part—
(1) willfully delivers, or causes to be delivered, property containing
hazardous material to an air carrier or to an operator of a civil aircraft
for transportation in air commerce; or
(2) recklessly causes the transportation in air commerce of the prop-
erty.
§ 46313. Refusing to appear or produce records
A person not obeying a subpena or requirement of the Secretary of
Transportation (or the Administrator of the Federal Aviation Administra-
tion with respect to aviation safety duties and powers designated to be car-
ried out by the Administrator) to appear and testify or produce records
shall be fined under title 18, imprisoned for not more than one year, or
both.
§ 46314. Entering aircraft or airport area in violation of se-
curity requirements
(a) PROHIBITION.—A person may not knowingly and willfully enter, in
violation of security requirements prescribed under section 44901, 44903(b)
or (c), or 44906 of this title, an aircraft or an airport area that serves an
air carrier or foreign air carrier.
(b) CRIMINAL PENALTY.—(1) A person violating subsection (a) of this
section shall be fined under title 18, imprisoned for not more than one year,
or both.
(2) A person violating subsection (a) of this section with intent to com-
mit, in the aircraft or airport area, a felony under a law of the United
States or a State shall be fined under title 18, imprisoned for not more than
10 years, or both.
§ 46315. Lighting violations involving transporting con-
trolled substances by aircraft not providing air
transportation
(a) APPLICATION.—This section applies only to aircraft not used to pro-
vide air transportation.
(b) CRIMINAL PENALTY.—A person shall be fined under title 18, impris-
oned for not more than 5 years, or both, if—
602
(1) the person knowingly and willfully operates an aircraft in viola-
tion of a regulation or requirement of the Administrator of the Federal
Aviation Administration related to the display of navigation or anti-
collision lights;
(2) the person is knowingly transporting a controlled substance by
aircraft or aiding or facilitating a controlled substance offense; and
(3) the transporting, aiding, or facilitating—
(A) is punishable by death or imprisonment for more than one
year under a law of the United States or a State; or
(B) is provided in connection with an act punishable by death
or imprisonment for more than one year 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).
§ 46316. General criminal penalty when specific penalty not
provided
(a) CRIMINAL PENALTY.—Except as provided by subsection (b) of this
section, when another criminal penalty is not provided under this chapter,
a person that knowingly and willfully violates this part, a regulation pre-
scribed or order issued by the Secretary of Transportation (or the Adminis-
trator of the Federal Aviation Administration with respect to aviation safety
duties and powers designated to be carried out by the Administrator) under
this part, or any term of a certificate or permit issued under section 41102,
41103, or 41302 of this title shall be fined under title 18. A separate viola-
tion occurs for each day the violation continues.
(b) NONAPPLICATION.—Subsection (a) of this section does not apply to
chapter 401 (except sections 40103(a) and (d), 40105, 40116, and 40117),
chapter 441 (except section 44109), chapter 445, and sections 44701(a) and
(b), 44702–44716, 44901, 44903(b) and (c), 44905, 44906, 44912–44915,
and 44932–44938 of this title.
CHAPTER 465—SPECIAL AIRCRAFT JURISDICTION OF
THE UNITED STATES
Sec.
46501.
Definitions.
46502.
Aircraft piracy.
46503.
Death penalty sentencing procedure for aircraft piracy.
46504.
Interference with flight crew members and attendants.
46505.
Carrying a weapon or explosive on an aircraft.
46506.
Application of certain criminal laws to acts on aircraft.
46507.
False information and threats.
§ 46501. Definitions
In this chapter—
(1) ‘‘aircraft in flight’’ means an aircraft from the moment all exter-
nal doors are closed following boarding—
603
(A) through the moment when one external door is opened to
allow passengers to leave the aircraft; or
(B) until, if a forced landing, competent authorities take over
responsibility for the aircraft and individuals and property on the
aircraft.
(2) ‘‘special aircraft jurisdiction of the United States’’ includes any
of the following aircraft in flight:
(A) a civil aircraft of the United States.
(B) an aircraft of the armed forces of the United States.
(C) another aircraft in the United States.
(D) another aircraft outside the United States—
(i) that has its next scheduled destination or last place of
departure in the United States, if the aircraft next lands in
the United States;
(ii) on which an individual commits an offense (as defined
in the Convention for the Suppression of Unlawful Seizure of
Aircraft) if the aircraft lands in the United States with the
individual still on the aircraft; or
(iii) against which an individual commits an offense (as de-
fined in subsection (d) or (e) of article I, section I of the Con-
vention for the Suppression of Unlawful Acts against the
Safety of Civil Aviation) if the aircraft lands in the United
States with the individual still on the aircraft.
(E) any other aircraft leased without crew to a lessee whose
principal place of business is in the United States or, if the lessee
does not have a principal place of business, whose permanent resi-
dence is in the United States.
(3) an individual commits an offense (as defined in the Convention
for the Suppression of Unlawful Seizure of Aircraft) when the individ-
ual, when on an aircraft in flight—
(A) by any form of intimidation, unlawfully seizes, exercises
control of, or attempts to seize or exercise control of, the aircraft;
or
(B) is an accomplice of an individual referred to in subclause
(A) of this clause.
§ 46502. Aircraft piracy
(a) IN SPECIAL AIRCRAFT JURISDICTION.—(1) In this subsection—
(A) ‘‘aircraft piracy’’ means seizing or exercising control of an air-
craft in the special aircraft jurisdiction of the United States by force,
violence, threat of force or violence, or any form of intimidation, and
with wrongful intent.
604
(B) an attempt to commit aircraft piracy is in the special aircraft
jurisdiction of the United States although the aircraft is not in flight
at the time of the attempt if the aircraft would have been in the special
aircraft jurisdiction of the United States had the aircraft piracy been
completed.
(2) An individual committing or attempting to commit aircraft piracy—
(A) shall be imprisoned for at least 20 years; or
(B) if the death of another individual results from the commission
or attempt, shall be put to death or imprisoned for life.
(b) OUTSIDE SPECIAL AIRCRAFT JURISDICTION.—(1) An individual com-
mitting an offense (as defined in the Convention for the Suppression of Un-
lawful Seizure of Aircraft) on an aircraft in flight outside the special air-
craft jurisdiction of the United States and later found in the United
States—
(A) shall be imprisoned for at least 20 years; or
(B) if the death of another individual results from the commission
or attempt, shall be put to death or imprisoned for life.
(2) This subsection applies only if the place of takeoff or landing of the
aircraft on which the individual commits the offense is located outside the
territory of the country of registration of the aircraft.
§ 46503. Death penalty sentencing procedure for aircraft pi-
racy
(a) GOVERNMENT STIPULATIONS.—An individual convicted of violating
section 46502 of this title may not be sentenced to death if the United
States Government stipulates that at least one of the mitigating factors
specified in subsection (c)(1) of this section exists or none of the aggravat-
ing factors specified in subsection (c)(2) of this section exists. If the Gov-
ernment does not stipulate, the judge presiding at the trial or accepting the
guilty plea of the individual shall hold a separate hearing to decide on the
punishment to be imposed.
(b) PUNISHMENT HEARINGS.—(1) The hearing under this section shall
be conducted—
(A) before the jury that found the defendant guilty;
(B) before a jury impaneled for the hearing when—
(i) the defendant was convicted by a guilty plea;
(ii) the defendant was convicted by a judge without a jury; or
(iii) the jury finding the defendant guilty was discharged by the
judge for good cause; or
(C) before the judge, on motion of the defendant and with the ap-
proval of the judge and the Government.
605
(2) At the hearing, the judge shall disclose to the defendant or counsel
for the defendant all material contained in any presentence report, except
material the judge decides is required to be withheld to protect human life
or national security. Presentence information withheld from the defendant
may not be considered in deciding whether the factors specified in sub-
section (c) of this section exist.
(3) Information relevant to the mitigating factors specified in subsection
(c)(1) of this section may be presented by the Government or the defendant
without regard to the rules governing the admissibility of evidence at crimi-
nal trials. The burden of establishing the existence of a mitigating factor
specified in subsection (c)(1) is on the defendant.
(4) Information relevant to the aggravating factors specified in subsection
(c)(2) of this section is admissible only under rules governing the admissibil-
ity of evidence at criminal trials. The burden of establishing the existence
of an aggravating factor specified in subsection (c)(2) is on the Government.
(5) The Government and the defendant may rebut information presented
at the hearing. They shall be given an opportunity to present arguments on
the adequacy of the information to establish the existence of the factors
specified in subsection (c) of this section.
(c) MITIGATING AND AGGRAVATING FACTORS.—(1) The judge may not
impose the death penalty on a defendant if the jury or, if there is no jury,
the judge finds under this section that at the time of the violation of section
46502 of this title—
(A) the defendant was not yet 18 years of age;
(B) the capacity of the defendant to appreciate the wrongfulness of
the defendant’s conduct or to conform the defendant’s conduct to the
requirements of law was impaired significantly, but the capacity was
not impaired sufficiently to be a defense to prosecution;
(C) the defendant was under unusual and substantial duress, but the
duress was not sufficient to be a defense to prosecution;
(D) the defendant was a principal (as defined in section 2(a) of title
18) in a violation committed by another individual, but the participa-
tion of the defendant was relatively minor, although not sufficiently
minor to be a defense to prosecution; or
(E) the defendant reasonably could not have foreseen that the con-
duct of the defendant in the violation would cause or create a grave
risk of causing death to another individual.
(2) If none of the factors specified in paragraph (1) of this subsection
exists, the judge shall impose the death penalty on the defendant if the jury
or, if there is no jury, the judge finds under this section that—
606
(A) the death of another individual resulted from the violation after
the defendant had seized or exercised control of the aircraft; or
(B) the death of another individual resulted from the violation and—
(i) the defendant has been convicted of another United States
or State offense (committed before or at the time of the violation)
for which punishment of life imprisonment or death could be im-
posed;
(ii) the defendant has been convicted of at least 2 United States
or State offenses with a penalty of more than one year of impris-
onment (committed on different occasions before the time of the
violation) that involved inflicting serious bodily injury on another
individual;
(iii) in committing the violation, the defendant knowingly cre-
ated a grave risk of death to an individual in addition to the indi-
vidual whose death resulted from the violation; or
(iv) the defendant committed the violation in an especially hei-
nous, cruel, or depraved manner.
(d) DEATH PENALTY REQUIREMENTS.—(1) If the jury or, if there is no
jury, the judge finds by a preponderance of the information that none of
the mitigating factors specified in subsection (c)(1) of this section exists and
that at least one of the aggravating factors specified in subsection (c)(2)
of this section exists, the judge shall impose the death penalty on the de-
fendant. If the jury or judge finds that at least one of the mitigating factors
specified in subsection (c)(1) exists, or that none of the aggravating factors
specified in subsection (c)(2) exists, the judge may not impose the death
penalty on the defendant but shall impose another penalty provided for the
defendant’s violation of section 46502 of this title.
(2) The jury or, if there is no jury, the judge shall return a special verdict
containing findings on whether each of the factors specified in subsection
(c) of this section exists.
§ 46504. Interference with flight crew members and attend-
ants
An individual on an aircraft in the special aircraft jurisdiction of the
United States who, by assaulting or intimidating a flight crew member or
flight attendant of the aircraft, interferes with the performance of the duties
of the member or attendant or lessens the ability of the member or attend-
ant to perform those duties, shall be fined under title 18, imprisoned for
not more than 20 years, or both. However, if a dangerous weapon is used
in assaulting or intimidating the member or attendant, the individual shall
be imprisoned for any term of years or for life.
607
§ 46505. Carrying a weapon or explosive on an aircraft
(a) DEFINITION.—In this section, ‘‘loaded firearm’’ means a starter gun
or a weapon designed or converted to expel a projectile through an explosive,
that has a cartridge, a detonator, or powder in the chamber, magazine, cyl-
inder, or clip.
(b) GENERAL CRIMINAL PENALTY.—An individual shall be fined under
title 18, imprisoned for not more than one year, or both, if the individual—
(1) when on, or attempting to get on, an aircraft in, or intended for
operation in, air transportation or intrastate air transportation, has on
or about the individual or the property of the individual a concealed
dangerous weapon that is or would be accessible to the individual in
flight;
(2) has placed, attempted to place, or attempted to have placed a
loaded firearm on that aircraft in property not accessible to passengers
in flight; or
(3) has on or about the individual, or has placed, attempted to place,
or attempted to have placed on that aircraft, an explosive or incendiary
device.
(c) CRIMINAL PENALTY INVOLVING DISREGARD FOR HUMAN LIFE.—An
individual who willfully and without regard for the safety of human life, or
with reckless disregard for the safety of human life, violates subsection (b)
of this section, shall be fined under title 18, imprisoned for not more than
5 years, or both.
(d) NONAPPLICATION.—Subsection (b)(1) of this section does not apply
to—
(1) a law enforcement officer of a State or political subdivision of
a State, or an officer or employee of the United States Government,
authorized to carry arms in an official capacity;
(2) another individual the Administrator of the Federal Aviation Ad-
ministration by regulation authorizes to carry a dangerous weapon in
air transportation or intrastate air transportation; or
(3) an individual transporting a weapon (except a loaded firearm) in
baggage not accessible to a passenger in flight if the air carrier was
informed of the presence of the weapon.
§ 46506. Application of certain criminal laws to acts on air-
craft
An individual on an aircraft in the special aircraft jurisdiction of the
United States who commits an act that—
(1) if committed in the special maritime and territorial jurisdiction
of the United States (as defined in section 7 of title 18) would violate
section 113, 114, 661, 662, 1111, 1112, 1113, or 2111 or chapter
608
109A of title 18, shall be fined under title 18, imprisoned under that
section or chapter, or both; or
(2) if committed in the District of Columbia would violate section 9
of the Act of July 29, 1892 (D.C. Code § 22–1112), shall be fined
under title 18, imprisoned under section 9 of the Act, or both.
§ 46507. False information and threats
An individual shall be fined under title 18, imprisoned for not more than
5 years, or both, if the individual—
(1) knowing the information to be false, willfully and maliciously or
with reckless disregard for the safety of human life, gives, or causes
to be given, under circumstances in which the information reasonably
may be believed, false information about an alleged attempt being made
or to be made to do an act that would violate section 46502(a), 46504,
46505, or 46506 of this title; or
(2)(A) threatens to violate section 46502(a), 46504, 46505, or
46506 of this title, or causes a threat to violate any of those sections
to be made; and
(B) appears ready and willing to carry out the threat.
PART B—AIRPORT DEVELOPMENT AND NOISE
CHAPTER 471—AIRPORT DEVELOPMENT
SUBCHAPTER I—AIRPORT IMPROVEMENT
Sec.
47101.
Policies.
47102.
Definitions.
47103.
National plan of integrated airport systems.
47104.
Project grant authority.
47105.
Project grant applications.
47106.
Project grant application approval conditioned on satisfaction of project requirements.
47107.
Project grant application approval conditioned on assurances about airport operations.
47108.
Project grant agreements.
47109.
United States Government’s share of project costs.
47110.
Allowable project costs.
47111.
Payments under project grant agreements.
47112.
Carrying out airport development projects.
47113.
Minority and disadvantaged business participation.
47114.
Apportionments.
47115.
Discretionary fund.
47116.
Small airport fund.
47117.
Use of apportioned amounts.
47118.
Designating current and former military airports.
47119.
Terminal development costs.
47120.
Grant priority.
47121.
Records and audits.
47122.
Administrative.
47123.
Nondiscrimination.
47124.
Agreements for State and local operation of airport facilities.
47125.
Conveyances of United States Government land.
47126.
Criminal penalties for false statements.
47127.
Ground transportation demonstration projects.
47128.
State block grant pilot program.
47129.
Annual report.
609
SUBCHAPTER II—SURPLUS PROPERTY FOR PUBLIC AIRPORTS
47151.
Authority to transfer an interest in surplus property.
47152.
Terms of gifts.
47153.
Waiving and adding terms.
SUBCHAPTER I—AIRPORT IMPROVEMENT
§ 47101. Policies
(a) GENERAL.—It is the policy of the United States—
(1) that the safe operation of the airport and airway system is the
highest aviation priority;
(2) that aviation facilities be constructed and operated to minimize
current and projected noise impact on nearby communities;
(3) to give special emphasis to developing reliever airports;
(4) that appropriate provisions should be made to make the develop-
ment and enhancement of cargo hub airports easier;
(5) to encourage the development of transportation systems that use
various modes of transportation in a way that will serve the States and
local communities efficiently and effectively;
(6) that airport development projects under this subchapter provide
for the protection and enhancement of natural resources and the qual-
ity of the environment of the United States;
(7) that airport construction and improvement projects that increase
the capacity of facilities to accommodate passenger and cargo traffic
be undertaken to the maximum feasible extent so that safety and effi-
ciency increase and delays decrease;
(8) to ensure that nonaviation usage of the navigable airspace be ac-
commodated but not allowed to decrease the safety and capacity of the
airspace and airport system;
(9) that artificial restrictions on airport capacity—
(A) are not in the public interest;
(B) should be imposed to alleviate air traffic delays only after
other reasonably available and less burdensome alternatives have
been tried; and
(C) should not discriminate unjustly between categories and
classes of aircraft; and
(10) that special emphasis should be placed on converting appro-
priate former military air bases to civil use and identifying and improv-
ing additional joint-use facilities.
(b) NATIONAL TRANSPORTATION POLICY.—(1) It is a goal of the United
States to develop a national intermodal transportation system that trans-
ports passengers and property in an efficient manner. The future economic
direction of the United States depends on its ability to confront directly the
enormous challenges of the global economy, declining productivity growth,
610
energy vulnerability, air pollution, and the need to rebuild the infrastructure
of the United States.
(2) United States leadership in the world economy, the expanding wealth
of the United States, the competitiveness of the industry of the United
States, the standard of living, and the quality of life are at stake.
(3) A national intermodal transportation system is a coordinated, flexible
network of diverse but complementary forms of transportation that trans-
ports passengers and property in the most efficient manner. By reducing
transportation costs, these intermodal systems will enhance the ability of the
industry of the United States to compete in the global marketplace.
(4) All forms of transportation, including aviation and other transpor-
tation systems of the future, will be full partners in the effort to reduce
energy consumption and air pollution while promoting economic develop-
ment.
(5) An intermodal transportation system consists of transportation hubs
that connect different forms of appropriate transportation and provides
users with the most efficient means of transportation and with access to
commercial centers, business locations, population centers, and the vast
rural areas of the United States, as well as providing links to other forms
of transportation and to intercity connections.
(6) Intermodality and flexibility are paramount issues in the process of
developing an integrated system that will obtain the optimum yield of Unit-
ed States resources.
(7) The United States transportation infrastructure must be reshaped to
provide the economic underpinnings for the United States to compete in the
21st century global economy. The United States can no longer rely on the
sheer size of its economy to dominate international economic rivals and
must recognize fully that its economy is no longer a separate entity but is
part of the global marketplace. The future economic prosperity of the Unit-
ed States depends on its ability to compete in an international marketplace
that is teeming with competitors but in which a full one-quarter of the eco-
nomic activity of the United States takes place.
(8) The United States must make a national commitment to rebuild its
infrastructure through development of a national intermodal transportation
system. The United States must provide the foundation for its industries
to improve productivity and their ability to compete in the global economy
with a system that will transport passengers and property in an efficient
manner.
(c) CAPACITY EXPANSION AND NOISE ABATEMENT.—It is in the public
interest to recognize the effects of airport capacity expansion projects on
aircraft noise. Efforts to increase capacity through any means can have an
611
impact on surrounding communities. Noncompatible land uses around air-
ports must be reduced and efforts to mitigate noise must be given a high
priority.
(d) CONSISTENCY WITH AIR COMMERCE AND SAFETY POLICIES.—Each
airport and airway program should be carried out consistently with section
40101(a), (b), (d), and (f) of this title to foster competition, prevent unfair
methods of competition in air transportation, maintain essential air trans-
portation, and prevent unjust and discriminatory practices, including as the
practices may be applied between categories and classes of aircraft.
(e) ADEQUACY OF NAVIGATION AIDS AND AIRPORT FACILITIES.—This
subchapter should be carried out to provide adequate navigation aids and
airport facilities for places at which scheduled commercial air service is pro-
vided. The facilities provided may include—
(1) reliever airports; and
(2) heliports designated by the Secretary of Transportation to relieve
congestion at commercial service airports by diverting aircraft pas-
sengers from fixed-wing aircraft to helicopter carriers.
(f) MAXIMUM USE OF SAFETY FACILITIES.—This subchapter should be
carried out consistently with a comprehensive airspace system plan, giving
highest priority to commercial service airports, to maximize the use of safety
facilities, including installing, operating, and maintaining, to the extent pos-
sible with available money and considering other safety needs—
(1) electronic or visual vertical guidance on each runway;
(2) grooving or friction treatment of each primary and secondary
runway;
(3) distance-to-go signs for each primary and secondary runway;
(4) a precision approach system, a vertical visual guidance system,
and a full approach light system for each primary runway;
(5) a nonprecision instrument approach for each secondary runway;
(6) runway end identifier lights on each runway that does not have
an approach light system;
(7) a surface movement radar system at each category III airport;
(8) a taxiway lighting and sign system;
(9) runway edge lighting and marking; and
(10) radar approach coverage for each airport terminal area.
(g) COOPERATION.—To carry out the policy of subsection (a)(5) of this
section, the Secretary of Transportation shall cooperate with State and local
officials in developing airport plans and programs that are based on overall
transportation needs. The airport plans and programs shall be developed in
coordination with other transportation planning and considering comprehen-
sive long-range land-use plans and overall social, economic, environmental,
612
system performance, and energy conservation objectives. The process of de-
veloping airport plans and programs shall be continuing, cooperative, and
comprehensive to the degree appropriate to the complexity of the transpor-
tation problems.
(h) CONSULTATION.—To carry out the policy of subsection (a)(6) of this
section, the Secretary of Transportation shall consult with the Secretary of
the Interior and the Administrator of the Environmental Protection Agency
about any project included in a project grant application involving the loca-
tion of an airport or runway, or a major runway extension, that may have
a significant effect on—
(1) natural resources, including fish and wildlife;
(2) natural, scenic, and recreation assets;
(3) water and air quality; or
(4) another factor affecting the environment.
§ 47102. Definitions
In this subchapter—
(1) ‘‘air carrier airport’’ means a public airport regularly served by—
(A) an air carrier certificated by the Secretary of Transpor-
tation under section 41102 of this title (except a charter air car-
rier); or
(B) at least one air carrier—
(i) operating under an exemption from section 41101(a)(1)
of this title that the Secretary grants; and
(ii) having at least 2,500 passenger boardings at the air-
port during the prior calendar year.
(2) ‘‘airport’’—
(A) means—
(i) an area of land or water used or intended to be used
for the landing and taking off of aircraft;
(ii) an appurtenant area used or intended to be used for
airport buildings or other airport facilities or rights of way;
and
(iii) airport buildings and facilities located in any of those
areas; and
(B) includes a heliport.
(3) ‘‘airport development’’ means the following activities, if under-
taken by the sponsor, owner, or operator of a public-use airport:
(A) constructing, repairing, or improving a public-use airport,
including—
(i) removing, lowering, relocating, marking, and lighting an
airport hazard; and
613
(ii) preparing a plan or specification, including carrying out
a field investigation.
(B) acquiring for, or installing at, a public-use airport—
(i) a navigation aid or another aid (including a precision
approach system) used by aircraft for landing at or taking off
from the airport, including preparing the site as required by
the acquisition or installation;
(ii) safety or security equipment the Secretary requires by
regulation for, or approves as contributing significantly to,
the safety or security of individuals and property at the air-
port;
(iii) equipment to remove snow, to measure runway surface
friction, or for aviation-related weather reporting;
(iv) firefighting and rescue equipment at an airport that
serves scheduled passenger operations of air carrier aircraft
designed for more than 20 passenger seats;
(v) aircraft deicing equipment and structures (except air-
craft deicing fluids and storage facilities for the equipment
and fluids); and
(vi) interactive training systems.
(C) acquiring an interest in land or airspace, including land for
future airport development, that is needed—
(i) to carry out airport development described in subclause
(A) or (B) of this clause; or
(ii) to remove or mitigate an existing airport hazard or pre-
vent or limit the creation of a new airport hazard.
(D) acquiring land for, or constructing, a burn area training
structure on or off the airport to provide live fire drill training for
aircraft rescue and firefighting personnel required to receive the
training under regulations the Secretary prescribes, including
basic equipment and minimum structures to support the training
under standards the Administrator of the Federal Aviation Admin-
istration prescribes.
(E) relocating after December 31, 1991, an air traffic control
tower and any navigational aid (including radar) if the relocation
is necessary to carry out a project approved by the Secretary
under this subchapter.
(F) constructing, reconstructing, repairing, or improving an air-
port, or purchasing capital equipment for an airport, if paid for
by a grant under this subchapter and necessary for compliance
with the responsibilities of the operator or owner of the airport
614
under the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), and
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
except constructing or purchasing capital equipment that would
benefit primarily a revenue-producing area of the airport used by
a nonaeronautical business.
(G) acquiring land for, or work necessary to construct, a pad
suitable for deicing aircraft before takeoff at a commercial service
airport, including constructing or reconstructing paved areas,
drainage collection structures, treatment and discharge systems,
appropriate lighting, paved access for deicing vehicles and aircraft,
but not including acquiring aircraft deicing fluids or constructing
or reconstructing storage facilities for aircraft deicing equipment
or fluids.
(4) ‘‘airport hazard’’ means a structure or object of natural growth
located on or near a public-use airport, or a use of land near the air-
port, that obstructs or otherwise is hazardous to the landing or taking
off of aircraft at or from the airport.
(5) ‘‘airport planning’’ means planning as defined by regulations the
Secretary prescribes and includes integrated airport system planning.
(6) ‘‘amount made available under section 48103 of this title’’ means
the amount authorized for grants under section 48103 of this title as
reduced by any law enacted after September 3, 1982.
(7) ‘‘commercial service airport’’ means a public airport in a State
that the Secretary determines has at least 2,500 passenger boardings
each year and is receiving scheduled passenger aircraft service.
(8) ‘‘integrated airport system planning’’ means developing for plan-
ning purposes information and guidance to decide the extent, kind, lo-
cation, and timing of airport development needed in a specific area to
establish a viable, balanced, and integrated system of public-use air-
ports, including—
(A) identifying system needs;
(B) developing an estimate of systemwide development costs;
(C) conducting studies, surveys, and other planning actions, in-
cluding those related to airport access, needed to decide which
aeronautical needs should be met by a system of airports; and
(D) standards prescribed by a State, except standards for safety
of approaches, for airport development at nonprimary public-use
airports.
615
(9) ‘‘landed weight’’ means the weight of aircraft transporting only
cargo in intrastate, interstate, and foreign air transportation, as the
Secretary determines under regulations the Secretary prescribes.
(10) ‘‘passenger boardings’’—
(A) means revenue passenger boardings on an aircraft in service
in air commerce as the Secretary determines under regulations the
Secretary prescribes; and
(B) includes passengers who continue on an aircraft in inter-
national flight that stops at an airport in the 48 contiguous
States, Alaska, or Hawaii for a nontraffic purpose.
(11) ‘‘primary airport’’ means a commercial service airport the Sec-
retary determines to have more than 10,000 passenger boardings each
year.
(12) ‘‘project’’ means a project, separate projects included in one
project grant application, or all projects to be undertaken at an airport
in a fiscal year, to achieve airport development or airport planning.
(13) ‘‘project cost’’ means a cost involved in carrying out a project.
(14) ‘‘project grant’’ means a grant of money the Secretary makes
to a sponsor to carry out at least one project.
(15) ‘‘public agency’’ means—
(A) a State or political subdivision of a State;
(B) a tax-supported organization; or
(C) an Indian tribe or pueblo.
(16) ‘‘public airport’’ means an airport used or intended to be used
for public purposes—
(A) that is under the control of a public agency; and
(B) of which the area used or intended to be used for the land-
ing, taking off, or surface maneuvering of aircraft is publicly
owned.
(17) ‘‘public-use airport’’ means—
(A) a public airport; or
(B) a privately-owned airport used or intended to be used for
public purposes that is—
(i) a reliever airport; or
(ii) determined by the Secretary to have at least 2,500 pas-
senger boardings each year and to receive scheduled pas-
senger aircraft service.
(18) ‘‘reliever airport’’ means an airport the Secretary designates to
relieve congestion at a commercial service airport and to provide more
general aviation access to the overall community.
(19) ‘‘sponsor’’ means—
616
(A) a public agency that submits to the Secretary under this
subchapter an application for financial assistance; and
(B) a private owner of a public-use airport that submits to the
Secretary under this subchapter an application for financial assist-
ance for the airport.
(20) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, Puerto Rico, the Virgin Islands, American Samoa, the North-
ern Mariana Islands, the Trust Territory of the Pacific Islands, and
Guam.
§ 47103. National plan of integrated airport systems
(a) GENERAL REQUIREMENTS AND CONSIDERATIONS.—The Secretary of
Transportation shall maintain the plan for developing public-use airports in
the United States, named ‘‘the national plan of integrated airport systems’’.
The plan shall include the kind and estimated cost of eligible airport devel-
opment the Secretary of Transportation considers necessary to provide a
safe, efficient, and integrated system of public-use airports adequate to an-
ticipate and meet the needs of civil aeronautics, to meet the national defense
requirements of the Secretary of Defense, and to meet identified needs of
the United States Postal Service. Airport development included in the plan
may not be limited to meeting the needs of any particular classes or cat-
egories of public-use airports. In maintaining the plan, the Secretary of
Transportation shall consider the needs of each segment of civil aviation and
the relationship of each airport to—
(1) the rest of the transportation system in the particular area;
(2) forecasted technological developments in aeronautics; and
(3) forecasted developments in other modes of intercity transpor-
tation.
(b) SPECIFIC REQUIREMENTS.—In maintaining the plan, the Secretary of
Transportation shall—
(1) to the extent possible and as appropriate, consult with depart-
ments, agencies, and instrumentalities of the United States Govern-
ment, with public agencies, and with the aviation community;
(2) consider tall structures that reduce safety or airport capacity;
and
(3) make every reasonable effort to address the needs of air cargo
operations, Short Takeoff and Landing/Very Short Takeoff and Land-
ing aircraft operations, and rotary wing aircraft operations.
(c) AVAILABILITY OF DOMESTIC MILITARY AIRPORTS AND AIRPORT FA-
CILITIES.—To the extent possible, the Secretary of Defense shall make do-
mestic military airports and airport facilities available for civil use. In advis-
ing the Secretary of Transportation under subsection (a) of this section, the
617
Secretary of Defense shall indicate the extent to which domestic military
airports and airport facilities are available for civil use.
(d) PUBLICATION.—The Secretary of Transportation shall publish the
status of the plan every 2 years.
§ 47104. Project grant authority
(a) GENERAL AUTHORITY.—To maintain a safe and efficient nationwide
system of public-use airports that meets the present and future needs of
civil aeronautics, the Secretary of Transportation may make project grants
under this subchapter from the Airport and Airway Trust Fund.
(b) INCURRING OBLIGATIONS.—The Secretary may incur obligations to
make grants from amounts made available under section 48103 of this title
as soon as the amounts are apportioned under section 47114(c) and (d)(2)
of this title.
(c) EXPIRATION OF AUTHORITY.—After September 30, 1993, the Sec-
retary may not incur obligations under subsection (b) of this section, except
for obligations of amounts remaining available after that date under section
47117(b) of this title.
§ 47105. Project grant applications
(a) SUBMISSION AND CONSULTATION.—(1) An application for a project
grant under this subchapter may be submitted to the Secretary of Transpor-
tation by—
(A) a sponsor; or
(B) a State, as the only sponsor, for an airport development project
benefitting at least 2 airports in the State or for airport planning for
similar projects for at least 2 airports in the State if—
(i) the sponsor of each airport gives written consent that the
State be the applicant;
(ii) the Secretary is satisfied there is administrative merit and
aeronautical benefit in the State being the sponsor; and
(iii) an acceptable agreement exists that ensures that the State
will comply with appropriate grant conditions and other assur-
ances the Secretary requires.
(2) Before deciding to undertake an airport development project at an
airport under this subchapter, a sponsor shall consult with the airport users
that will be affected by the project.
(3) This subsection does not authorize a public agency that is subject to
the laws of a State to apply for a project grant in violation of a law of the
State.
(b) CONTENTS AND FORM.—An application for a project grant under this
subchapter—
(1) shall describe the project proposed to be undertaken;
618
(2) may propose a project only for a public-use airport included in
the current national plan of integrated airport systems;
(3) may propose airport development only if the development com-
plies with standards the Secretary prescribes or approves, including
standards for site location, airport layout, site preparation, paving,
lighting, and safety of approaches; and
(4) shall be in the form and contain other information the Secretary
prescribes.
(c) STATE STANDARDS FOR AIRPORT DEVELOPMENT.—The Secretary
may approve standards (except standards for safety of approaches) that a
State prescribes for airport development at nonprimary public-use airports
in the State. On approval under this subsection, a State’s standards apply
to the nonprimary public-use airports in the State instead of the comparable
standards prescribed by the Secretary under subsection (b)(3) of this sec-
tion. The Secretary, or the State with the approval of the Secretary, may
revise standards approved under this subsection.
(d) CERTIFICATION
OF COMPLIANCE.—The Secretary may require a
sponsor to certify that the sponsor will comply with this subchapter in car-
rying out the project. The Secretary may rescind the acceptance of a certifi-
cation at any time. This subsection does not affect an obligation or respon-
sibility of the Secretary under another law of the United States.
(e) NOTIFICATION.—The sponsor of an airport for which an amount is
apportioned under section 47114(c) of this title shall notify the Secretary
of the fiscal year in which the sponsor intends to submit a project grant
application for the apportioned amount. The notification shall be given by
the time and contain the information the Secretary prescribes.
§ 47106. Project grant application approval conditioned on
satisfaction of project requirements
(a) PROJECT GRANT APPLICATION APPROVAL.—The Secretary of Trans-
portation may approve an application under this subchapter for a project
grant only if the Secretary is satisfied that—
(1) the project is consistent with plans (existing at the time the
project is approved) of public agencies authorized by the State in which
the airport is located to plan for the development of the area surround-
ing the airport;
(2) the project will contribute to carrying out this subchapter;
(3) enough money is available to pay the project costs that will not
be paid by the United States Government under this subchapter;
(4) the project will be completed without unreasonable delay; and
(5) the sponsor has authority to carry out the project as proposed.