H. R. 1758—480
Government regulation. Each air carrier and foreign air carrier
is encouraged 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 sub-
section 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
ADMINISTRATION.—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 responsibility for safety-sensitive functions
who need assistance in resolving problems 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, REGULA-
TIONS, STANDARDS, OR ORDERS.—A State or local government may
not prescribe, issue, or continue in effect a law, regulation, standard,
or order that is inconsistent with regulations prescribed under
this chapter. However, a regulation 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.
(b) INTERNATIONAL OBLIGATIONS AND FOREIGN LAWS.—(1) In
prescribing regulations under this chapter, the Administrator of
the Federal Aviation Administration—
(A) shall establish only requirements applicable to foreign
air carriers that are consistent with international obligations
of the United States; and
(B) shall consider applicable laws and regulations of foreign
countries.
(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 prohibit crewmembers in international
civil aviation from using alcohol or a controlled substance in viola-
tion of law or a United States Government regulation.
(c) OTHER REGULATIONS ALLOWED.—This section does not pre-
vent 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, airport security screening contract employ-
ees, air carrier employees responsible for safety-sensitive functions
(as decided by the Administrator), or employees of the Administra-
tion 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.
H. R. 1758—481
§ 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 Congress 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.
§ 45302. Fees involving aircraft not providing air transpor-
tation
(a) APPLICATION.—This section applies only to aircraft not used
to provide air transportation.
(b) GENERAL AUTHORITY AND MAXIMUM FEES.—The Adminis-
trator of the Federal Aviation Administration may impose fees
to pay for the costs of issuing airman certificates to pilots and
certificates of registration of aircraft 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 alter-
ation of a fuel tank or fuel system of an aircraft.
(c) ADJUSTMENTS.—The Administrator shall adjust the maxi-
mum 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 serv-
ices 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.
H. R. 1758—482
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 Administration with respect to aviation safety
duties and powers designated to be carried out by the Adminis-
trator) about a person violating this part or a requirement pre-
scribed under this part. Except as provided in subsection (b) of
this section, the Secretary or Administrator shall investigate the
complaint if a reasonable ground appears to the Secretary or
Administrator for the investigation.
(2) On the initiative of the Secretary of Transportation or
the Administrator, as appropriate, the Secretary or Administrator
may conduct an investigation, if a reasonable ground appears to
the Secretary or Administrator 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 dis-
miss a complaint without a hearing when the Secretary or Adminis-
trator is of the opinion 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 person is violating this part.
(b) COMPLAINTS AGAINST MEMBERS OF ARMED FORCES.—The
Secretary of Transportation or Administrator shall refer a complaint
against a member of the armed forces of the United States perform-
ing official duties 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 com-
plaint, 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 Adminis-
trator of the Federal Aviation Administration with respect to avia-
tion safety duties and powers designated to be carried out by
the Administrator) may conduct proceedings in a way conducive
to justice and the proper dispatch of business.
(b) APPEARANCE.—A person may appear and be heard before
the Secretary and the Administrator in person or by an attorney.
The Secretary may appear and participate as an interested party
in a proceeding the Administrator conducts under section 40113(a)
of this title.
(c) RECORDING AND PUBLIC ACCESS.—Official action taken by
the Secretary and Administrator under this part shall be recorded.
H. R. 1758—483
Proceedings before the Secretary and Administrator shall be open
to the public on the request 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 proceeding 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 proceeding before, and an action of, 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 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 Aviation Administration with respect to aviation
safety duties and powers designated 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 designated place of the hearing or
investigation;
(2) administer oaths;
(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 sub-
pena, the Secretary, the Administrator, or a party to a proceeding
before the Secretary 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 jurisdic-
tion 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 Sec-
retary or Administrator may order a person to give testimony