532
tablish and operate regional centers of air transportation excellence. The lo-
cations shall be distributed in a geographically fair way.
(b) RESPONSIBILITIES.—(1) The responsibilities of each center estab-
lished under this section shall include—
(A) conducting research on—
(i) airspace and airport planning and design;
(ii) airport capacity enhancement techniques;
(iii) human performance in the air transportation environment;
(iv) aviation safety and security;
(v) the supply of trained air transportation personnel, including
pilots and mechanics; and
(vi) other aviation issues related to developing and maintaining
a safe and efficient air transportation system; and
(B) interpreting, publishing, and disseminating the results of the re-
search.
(2) In conducting research described in paragraph (1)(A) of this sub-
section, each center may make contracts with nonprofit research organiza-
tions and other appropriate persons.
(c) APPLICATIONS.—An institution of higher education interested in re-
ceiving a grant under this section may submit an application to the Admin-
istrator. The application must be in the form and contain the information
that the Administrator requires by regulation.
(d) SELECTION CRITERIA.—The Administrator shall select recipients of
grants under this section on the basis of the following criteria:
(1) the extent to which the needs of the State in which the applicant
is located are representative of the needs of the region for improved
air transportation services and facilities.
(2) the demonstrated research and extension resources available to
the applicant to carry out this section.
(3) the ability of the applicant to provide leadership in making na-
tional and regional contributions to the solution of both long-range and
immediate air transportation problems.
(4) the extent to which the applicant has an established air transpor-
tation program.
(5) the demonstrated ability of the applicant to disseminate results
of air transportation research and educational programs through a
statewide or regionwide continuing education program.
(6) the projects the applicant proposes to carry out under the grant.
(e) EXPENDITURE AGREEMENTS.—A grant may be made under this sec-
tion in a fiscal year only if the recipient makes an agreement with the Ad-
ministrator that the Administrator requires to ensure that the recipient will
533
maintain its total expenditures from all other sources for establishing and
operating the center and related research activities at a level at least equal
to the average level of those expenditures in the 2 fiscal years of the recipi-
ent occurring immediately before November 5, 1990.
(f) GOVERNMENT’S SHARE OF COSTS.—The United States Government’s
share of a grant under this section is 50 percent of the costs of establishing
and operating the center and related research activities that the grant recip-
ient carries out.
(g) ALLOCATING AMOUNTS.—The Administrator shall allocate amounts
made available to carry out this section in a geographically fair way.
§ 44514. Flight service stations
(a) HOURS OF OPERATION.—(1) The Secretary of Transportation may
close, or reduce the hours of operation of, a flight service station in an area
only if the service provided in the area after the closing or during the hours
the station is not in operation is provided by an automated flight service
station with at least model 1 equipment.
(2) The Secretary shall reopen a flight service station closed after March
24, 1987, but before July 15, 1987, as soon as practicable if the service
in the area in which the station is located has not been provided since the
closing by an automatic flight service station with at least model 1 equip-
ment. The hours of operation for the reopened station shall be the same
as were the hours of operation for the station on March 25, 1987. After
reopening the station, the Secretary may close, or reduce the hours of oper-
ation of, the station only as provided in paragraph (1) of this subsection.
(b) MANNED AUXILIARY STATIONS.—The Secretary and the Adminis-
trator of the Federal Aviation Administration shall establish a system of
manned auxiliary flight service stations. The manned auxiliary flight service
stations shall supplement the services of the planned consolidation to 61
automated flight service stations under the flight service station moderniza-
tion program. A manned auxiliary flight service station shall be located in
an area of unique weather or operational conditions that are critical to the
safety of flight.
§ 44515. Advanced training facilities for maintenance tech-
nicians for air carrier aircraft
(a) GENERAL AUTHORITY.—The Administrator of the Federal Aviation
Administration may make grants to not more than 4 vocational technical
educational institutions to acquire or construct facilities to be used for the
advanced training of maintenance technicians for air carrier aircraft.
(b) ELIGIBILITY.—The Administrator may make a grant under this sec-
tion to a vocational technical educational institution only if the institution
has a training curriculum that prepares aircraft maintenance technicians
534
who hold airframe and power plant certificates under subpart D of part 65
of title 14, Code of Federal Regulations, to maintain, without direct super-
vision, air carrier aircraft.
(c) LIMITATION.—A vocational technical educational institution may not
receive more than a total of $5,000,000 in grants under this section.
CHAPTER 447—SAFETY REGULATION
Sec.
44701.
General requirements.
44702.
Issuance of certificates.
44703.
Airman certificates.
44704.
Type certificates, production certificates, and airworthiness certificates.
44705.
Air carrier operating certificates.
44706.
Airport operating certificates.
44707.
Examining and rating air agencies.
44708.
Inspecting and rating air navigation facilities.
44709.
Amendments, modifications, suspensions, and revocations of certificates.
44710.
Revocations of airman certificates for controlled substance violations.
44711.
Prohibitions and exemption.
44712.
Emergency locator transmitters.
44713.
Inspection and maintenance.
44714.
Aviation fuel standards.
44715.
Controlling aircraft noise and sonic boom.
44716.
Collision avoidance systems.
44717.
Aging aircraft.
44718.
Structures interfering with air commerce.
44719.
Standards for navigational aids.
44720.
Meteorological services.
44721.
Aeronautical maps and charts.
44722.
Aircraft operations in winter conditions.
44723.
Annual report.
§ 44701. General requirements
(a) PROMOTING SAFETY.—The Administrator of the Federal Aviation Ad-
ministration shall promote safe flight of civil aircraft in air commerce by
prescribing—
(1) minimum standards required in the interest of safety for appli-
ances and for the design, material, construction, quality of work, and
performance of aircraft, aircraft engines, and propellers;
(2) regulations and minimum standards in the interest of safety
for—
(A) inspecting, servicing, and overhauling aircraft, aircraft en-
gines, propellers, and appliances;
(B) equipment and facilities for, and the timing and manner of,
the inspecting, servicing, and overhauling; and
(C) a qualified private person, instead of an officer or employee
of the Administration, to examine and report on the inspecting,
servicing, and overhauling;
(3) regulations required in the interest of safety for the reserve sup-
ply of aircraft, aircraft engines, propellers, appliances, and aircraft fuel
and oil, including the reserve supply of fuel and oil carried in flight;
535
(4) regulations in the interest of safety for the maximum hours or
periods of service of airmen and other employees of air carriers; and
(5) regulations and minimum standards for other practices, methods,
and procedure the Administrator finds necessary for safety in air com-
merce and national security.
(b) PRESCRIBING MINIMUM SAFETY STANDARDS.—The Administrator
may prescribe minimum safety standards for—
(1) an air carrier to whom a certificate is issued under section 44705
of this title; and
(2) operating an airport serving any passenger operation of air car-
rier aircraft designed for at least 31 passenger seats.
(c) REDUCING AND ELIMINATING ACCIDENTS.—The Administrator shall
carry out this chapter in a way that best tends to reduce or eliminate the
possibility or recurrence of accidents in air transportation. However, the Ad-
ministrator is not required to give preference either to air transportation or
to other air commerce in carrying out this chapter.
(d) CONSIDERATIONS
AND
CLASSIFICATION
OF
REGULATIONS
AND
STANDARDS.—When prescribing a regulation or standard under subsection
(a) or (b) of this section or section 44702–44716 of this title, the Adminis-
trator shall—
(1) consider—
(A) the duty of an air carrier to provide service with the highest
possible degree of safety in the public interest; and
(B) differences between air transportation and other air com-
merce; and
(2) classify a regulation or standard appropriate to the differences
between air transportation and other air commerce.
(e) EXEMPTIONS.—The Administrator may grant an exemption from a
requirement of a regulation prescribed under subsection (a) or (b) of this
section or section 44702–44716 of this title if the Administrator finds the
exemption is in the public interest.
§ 44702. Issuance of certificates
(a) GENERAL AUTHORITY AND APPLICATIONS.—The Administrator of
the Federal Aviation Administration may issue airman certificates, type cer-
tificates, production certificates, airworthiness certificates, air carrier oper-
ating certificates, airport operating certificates, air agency certificates, and
air navigation facility certificates under this chapter. An application for a
certificate must—
(1) be under oath when the Administrator requires; and
(2) be in the form, contain information, and be filed and served in
the way the Administrator prescribes.
536
(b) CONSIDERATIONS.—When issuing a certificate under this chapter, the
Administrator shall—
(1) consider—
(A) the duty of an air carrier to provide service with the highest
possible degree of safety in the public interest; and
(B) differences between air transportation and other air com-
merce; and
(2) classify a certificate according to the differences between air
transportation and other air commerce.
(c) PRIOR CERTIFICATION.—The Administrator may authorize an air-
craft, aircraft engine, propeller, or appliance for which a certificate has been
issued authorizing the use of the aircraft, aircraft engine, propeller, or ap-
pliance in air transportation to be used in air commerce without another
certificate being issued.
(d) DELEGATION.—(1) Subject to regulations, supervision, and review the
Administrator may prescribe, the Administrator may delegate to a qualified
private person, or to an employee under the supervision of that person, a
matter related to—
(A) the examination, testing, and inspection necessary to issue a cer-
tificate under this chapter; and
(B) issuing the certificate.
(2) The Administrator may rescind a delegation under this subsection at
any time for any reason the Administrator considers appropriate.
(3) A person affected by an action of a private person under this sub-
section may apply for reconsideration of the action by the Administrator.
On the Administrator’s own initiative, the Administrator may reconsider the
action of a private person at any time. If the Administrator decides on re-
consideration that the action is unreasonable or unwarranted, the Adminis-
trator shall change, modify, or reverse the action. If the Administrator de-
cides the action is warranted, the Administrator shall affirm the action.
§ 44703. Airman certificates
(a) GENERAL.—The Administrator of the Federal Aviation Administra-
tion shall issue an airman certificate to an individual when the Adminis-
trator finds, after investigation, that the individual is qualified for, and
physically able to perform the duties related to, the position to be authorized
by the certificate.
(b) CONTENTS.—(1) An airman certificate shall—
(A) be numbered and recorded by the Administrator of the Federal
Aviation Administration;
(B) contain the name, address, and description of the individual to
whom the certificate is issued;
537
(C) contain terms the Administrator decides are necessary to ensure
safety in air commerce, including terms on the duration of the certifi-
cate, periodic or special examinations, and tests of physical fitness;
(D) specify the capacity in which the holder of the certificate may
serve as an airman with respect to an aircraft; and
(E) designate the class the certificate covers.
(2) A certificate issued to a pilot serving in scheduled air transportation
shall have the designation ‘‘airline transport pilot’’ of the appropriate class.
(c) APPEALS.—(1) An individual whose application for the 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.
538
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:
(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
539
(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,
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.
540
§ 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
(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.
541
§ 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,
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—
542
(i) that control or abatement of aircraft noise or sonic boom and
the public health and welfare do not require affirmation of the
order; or
(ii) the order, as it is related to a violation of aircraft noise or
sonic boom standards and regulations, is not consistent with safety
in air commerce or air transportation.
(2) The Board may modify a suspension or revocation of a certificate to
imposition of a civil penalty.
(3) When conducting a hearing under this subsection, the Board is not
bound by findings of fact of the Administrator but is bound by all validly
adopted interpretations of laws and regulations the Administrator carries
out and of written agency policy guidance available to the public related to
sanctions to be imposed under this section unless the Board finds an 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 under this section will have a significant
adverse impact on carrying out this part, may obtain judicial review of the
order under section 46110 of this title. The Administrator shall be made
a party to the judicial review proceedings. Findings of fact of the Board
are conclusive if supported by substantial evidence.
§ 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—
543
(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—
(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
544
(B) the Board shall make a final disposition of the appeal not later
than 60 days after the Administrator so advises the Board.
(3) An individual substantially affected by an order of the Board under
this subsection, or the Administrator when the Administrator decides that
an order of the Board will have a significant adverse effect on carrying out
this part, may obtain judicial review of the order under section 46110 of
this title. The Administrator shall be made a party to the judicial review
proceedings. Findings of fact of the Board are conclusive if supported by
substantial evidence.
(e) ACQUITTAL.—(1) The Administrator may not revoke, and the Board
may not affirm a revocation of, an airman certificate under subsection
(b)(2) of this section on the basis of an activity described in subsection
(b)(2)(A) if the holder of the certificate is acquitted of all charges related
to a controlled substance in an indictment or information arising from the
activity.
(2) If the Administrator has revoked an airman certificate under this 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
545
(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;
(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;
546
(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.
(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
547
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:
(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.
548
(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-
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-
549
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—
(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
550
(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
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-
551
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
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
553
(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-
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
554
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-
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;
555
(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.
§ 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
556
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;
(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